Rod Genders is a senior Australian lawyer specialising in Wills and Estate Planning, Probate and Estate Administration, Trusts and Guardianship and Inheritance Claims and Contested Estates in South Australia. His boutique specialist law firm, which was founded on 1848, is one of the oldest and most respected in Australia. Rod is an international author and speaker. Rod is the 3rd generation of Genders in the law and has been practising specialised law since the mid 80’s. He has acted as counsel or consultant to in excess of 50 other firms around Australia. Rod holds the SA state record for the highest ever personal injury award of damages, and has been involved in several of the largest personal injury claims in Australian legal history. For over 10 years he served on the Council of the Law Society of South Australia and is a senior member of its Succession Law Committee. Rod was a founding committee member of the South Australian branch of the London-based Society of Trusts and Estate Practitioners (STEP) for 8 years and was the founding Chair of the international STEP Digital Assets Special Interest Group. For over 25 years Rod has chaired a private committee enquiring into the affairs of protected persons. He is a member of the Law Council of Australia, and a member of its Succession and Elder Law Committee.

Mediating Settlement of Estate Disputes

Mediating Settlement of Estate Disputes

Estate Planning, Inheritance Claims & Contested Estates, Wills, Wills and Estate Planning
Mediating Settlement of Estate Disputes sa

Like most developed countries, Australia’s population is ageing as a result of sustained low fertility and increasing life expectancy. This has resulted in proportionally fewer children in the population and a proportionally larger increase in those aged 65 and over.

Over the 20 years between 1994 and 2014, the proportion of the population aged 65 years and over increased from 11.8% to 14.7%. This group is projected to increase more rapidly over the next decade, as further cohorts of baby boomers turn 65.

In the 12 months to 30 June 2014, the number of people aged 65 years and over increased by 118,700 people, representing a 3.6% increase.

We are living longer and accumulating greater wealth.  This gives rise to the potential for more disputes arising on either incapacity or death.

Capital Gains Tax Reform in 2016

Capital Gains Tax Reform in 2016

Wills and Estate Planning
Capital Gains Tax Reform in 2016

Over the next 10 years, Australia will face significant challenges as it attempts to balance its books while enormous numbers of Baby-Boomers exit the scene.  The State & Federal Governments (of all political persuasions) will need to make some difficult choices to address these challenges, and attempt to cling onto our desirable quality of life.

Nearly $24 billion has been lost to the Federal Government in just five years by a capital-gains tax discount which many economists claim rewards the rich and freezes out first homebuyers.

Verification of ID

Verification of ID

Probate & Estate Administration, Wills and Estate Planning
Verification of ID

State Governments and authorities around Australia have introduced mandatory Verification of Identity (VOI) policies. These policies help to protect all the parties in a variety of legal and business transactions against fraud.

Mandatory VOI policies are now in place in South Australia, Victoria and Western Australia. Similar policies are set to be introduced in New South Wales in 2016, with the remaining states and territories likely to follow shortly.
This overlaps with anti-money-laundering legislation, and various banking & finance protocols and policies.

death-and-taxes-ahead-in-sa

Death and Taxes Ahead in SA

Estate Planning, Probate & Estate Administration
death-and-taxes-ahead-in-sa

Australia is the only western democracy in the world not to have some form of death duty. The USA, Canada, England, Scotland, Ireland and New Zealand all have inheritance taxes.

Until the 1970’s each state and territory in Australia had some form of death duty or inheritance tax. But then Joh Bjelke Peterson as premier of Queensland abolished them in that state, and every other state government soon followed suit to remain competitive.

All State and Federal Governments are desperately looking to raise revenue in these difficult economic times, and every recent review of our tax system suggests that some form of inheritance tax will be back on the table.

Top 5 Dangers of Do-It-Yourself Will Kits

Top 5 Dangers of Do-It-Yourself Will Kits in SA

Do It Yourself Wills, Wills, Wills and Estate Planning
Top 5 Dangers of Do-It-Yourself Will Kits in SA

Creating a Will gives us the peace of mind that comes from knowing that our estate will be distributed according to our wishes. But the desire to avoid the expenses normally associated with Will preparation is tempting some people these days to consider using Do-It-Yourself Will Kits.

At first look, DIY Will kits might seem to be cheaper and save some time and travel involved in having a legal professional prepare a Will, BUT the savings in time and money could be illusory if there are even minor mistakes or unforeseen events that cause the Will to be invalid.

Remember: any mistakes you make will only become apparent after you’re dead, and it’s too late to fix them.

Determining the wishes of the deceased is a legal issue by its very nature, and consequently, if the Will is not properly prepared and executed, it could be invalidated or challenged, sometimes complicating things even worse than if there had been no Will at all.