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. 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. For 8 years Rod was a founding committee member of the South Australian branch of the London-based Society of Trusts and Estate Practitioners (STEP) 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, a member of the Notaries Society of South Australia and an associate member of the American Bar Association.
The term “blended family” refers to a cohabitation relationship in which one or both partners have children from previous relationships. People are often unaware, particularly in cases of unmarried couples and same-sex couples, about what they are legally entitled to when their partners die.
Having children from various relationships just adds to the confusion and often results in unintended consequences —even ex-spouses in some cases making claims against the estate. That is why you need the estate planning assistance of our seasoned estate planning team at the oldest law firm in South Australia.
At Genders & Partners, we will carefully study your family dynamics and help you work out a plan for the distribution of your estate that gives you peace of mind.
New insurance laws in South Australia, which took effect in July 2013, have made seeking compensation after a vehicle accident more complex than ever before.
When it comes to future lost wages, your injuries must meet specific criteria before you are entitled to monetary damages.
The new laws have resulted in many roadblocks that only a knowledgeable personal injury lawyer in South Australia can help you and your family to navigate.
How many horror stories have you heard about farming families getting torn apart when the farm-owner dies? In my work as a lawyer specialising in estate planning and probate, I’ve heard quite a few.
They often have a common theme – where a relative (typically a younger son) worked for low wages on the family farm for years, with the expectation that the property would be passed on to them after the owner’s death.
There is a sense of expectation & entitlement – of having earned their inheritance – often fuelled by a lack of discussion or planning by the old owner. Unfortunately, this scenario frequently creates significant problems within the family, especially if there is more than one child wishing to benefit from the farm. Often the farmland and the business it supports are the major assets of the deceased estate. It can be difficult enough to generate a decent income from the whole – breaking up the farm to give every child a share may mean that the family farming business cannot continue to be viable.
A 2013 report from Alzheimer’s Disease International warns that the number of older people needing care globally is set to nearly treble by 2050 from 101 million currently to 277 million.
Alzheimer’s is the most common cause of dementia or senility. Symptoms include loss of memory, mood changes, and problems with communicating and reasoning.
The report reveals that as the world population ages, the traditional system of informal care by family, friends and the community will need much greater support.
This means that increasing numbers of people aged 60 or over will require long-term care. This will put huge pressure on families, both emotionally and financially. Carers often have to give up work to look after elderly relatives.
This epidemic of dementia will have specific legal consequences for patients and the people caring for them. In particular, their loss of mental capacity to make decisions in their own best interests, creates a need to put in place an appropriate system of delegated authority.
Death and taxes (and illness) may be unavoidable … but they don’t have to ruin your family or your business. Make the effort to protect the people you really care about. Here are some lessons from famous people who made some BIG mistakes in their Wills and estate planning.
Celebrity: Allan Scott
Mistake: Not Managing Family Expectations in Will
In a Supreme Court claim in South Australia, two of Mt Gambier trucking magnate Allan Scott’s daughters settled claims against their father’s estate for more than $12 million each, more than triple what each had been left in Mr Scott’s Will, which he had signed while he was ill in the weeks before his death. The millionaire businessman’s widow also has made a claim against her husband’s estate, yet to be resolved. In his Will, Mr Scott had left the bulk of his $600 million estate to two favoured children.
The documents in your estate plan are excellent tools, and like the tools in your shed, they need to be kept sharp to maximise their effectiveness.
Preventative Maintenance is essential. It’s the same for most important things in life.
Take your car for example. If you are doing what you should, you change your car’s oil every year or 10,000 kms.
You invest in maintenance and preventative care throughout the life of your vehicle, to keep it reliable and running well.
The big New Year’s Eve party is just a fuzzy memory, Christmas is over for another year.
The presents have gone from beneath the tree, the over-full rubbish bin has been emptied and the last of the ham and turkey has finally disappeared from the fridge.
Now is the time when we start to reflect upon those New Year Resolutions we traditionally make early each year.
