Genders and Partners Dementia will soon become Australia's Leading Cause of Death

WARNING: Dementia will soon become Australia’s Leading Cause of Death

Genders and Partners Dementia will soon become Australia's Leading Cause of Death

Dementia deaths in Australia have steadily increased over recent years. In 2013, dementia became Australia’s second leading cause of death, overtaking cerebrovascular diseases (strokes) for the first time.

In 2014 and 2015 the number of dementia deaths have continued to rise.

Ischaemic heart disease has been the leading cause of death in Australia since early in the 20th century, but while the rate of death from heart disease was at its worst around 1970, it has steadily declined since then.

Dementia is not one specific disease. There are many types, including Alzheimer’s and Vascular Dementia, which are each collections of symptoms caused by disorders affecting the brain, with severe effects on thinking, behaviour and quality of life. These diseases add greatly to the burden of illness and injury in the Australian community.

Rod Genders Podcast Episode #1: What Is Testamentary Capacity?

Rod Genders

Medical science is keeping us alive for longer than ever before, and the Australian population is ageing fast. Dementia already affects approximately 160 000 Australians.

Dementia affects about 10% of those aged over 65 years, and 20% of those over 80 years suffer from severe dementia. Frighteningly, Alzheimer’s Australia says we can expect a 300% increase in the numbers of dementia patients in the next 30 years.

Senior Australian lawyer Rod Genders discusses how mental health affects a person’s legal capacity to make decisions in their own best interests.

Genders and Partners | Last Will & Probate | Wills and Estate Planning Adelaide

More Weird Probate Issues

Genders and Partners | Last Will & Probate | Wills and Estate Planning Adelaide

Making a Will is a serious business, right? It details how you wish your estate to be distributed, who benefits and by how much.

… because our last post Weird Probate Issues was so popular, here we go again …

But we can still chuckle at the efforts of other people when they outrageously stuff-up their own estate plans. (We’ll suppress our schadenfreude with the thought that this is all educational. ‘Schadenfreude’ is the German term for the guilty pleasure derived from another person’s misfortune.)

Genders and Partners | 7 Reasons why Australian women outlive their Estate Plan

7 Reasons why Australian women outlive their Estate Plan – and what to do about it

Genders and Partners | 7 Reasons why Australian women outlive their Estate Plan

Australian women’s life expectancy is now at its highest ever recorded, and is one of the highest in the world, according to recently released research from the Australian Bureau of Statistics.

The average life expectancy for females is now 84.6 years and for males it is 80.4 years, and these figures demonstrate huge gains in life expectancy over the last century since the Aged Pension was initially introduced in Australia in 1909 when the average life expectancy was below the eligibility age.

At that time it was anticipated that most people would not live long enough to receive the pension, and those that did would not get it for long.

Critical Importance of Making a Will to Protect Children’s Inheritance From Previous Relationships

Critical Importance of Making a Will to Protect Children From Previous Relationships

Blended families include children form previous relationships (step-children).  They are growing quickly in number, but many people do not stop and think about the implications on children from previous relationships if they die without a Will.  It is a dangerous assumption that the law will automatically protect your biological and step children, as numerous scenarios can preclude or reduce the amount that they receive after you die if you do not seek the counsel of an experienced Wills lawyer in Adelaide.

What Happens If You Die Without a Will?
South Australian law provides that, depending on the size of your estate, your children from previous relationships may receive nothing if you die intestate. For estates valued at less than $100,000, the entire estate goes to the surviving spouse or domestic partner unless a valid Will is in place. For larger estates, your spouse is entitled to the first $100,000, your personal belongings and half of the estate’s balance.  Without litigation, at best your children will receive equal shares of the remaining balance (if any).

Choosing a Guardian for Your Children

Choosing a Guardian for Your Children

What is a testamentary guardian, and why do I need one for my children?
A testamentary guardian is an adult nominated in a parent’s Will to care for their minor children in case both parents die before the children turn 18.

When we have young children, we understand that if one parent dies, the other parent will automatically retain parental responsibility. But in case both parents die prematurely, each needs to nominate in their Will an alternate testamentary guardian for their minor children.

Otherwise your children may end up in a home you wouldn’t choose for them, being parented in a way that’s not in accordance with your values.

Genders and Partners Hurricane warns about risk planning

Hurricanes warn about risk planning

Genders and Partners Hurricane warns about risk planning

We all like to think of ourselves as resilient and adaptable to change. But all too often we only visualise ‘change’ of our own making, in our own good time.

It’s quite a different thing to deal with change that is forced upon us by outside forces.

The newsfeeds have been full of the deadly hurricane which wreaked havoc on the US state of Texas at the end of August 2017. This has highlighted the importance of risk management strategies to ensure that all of us can survive severe interruption.

Binding Financial Agreements are an Important Part of Modern Estate Planning

Binding Financial Agreements Are an Important Part of Modern Estate Planning

Modern relationships are fraught with tension and complexities when it comes to finances. Looking ahead to the time when you and your partner are established in your careers and have accrued considerable assets, it makes sense to want to protect what is yours should the relationship end.

Marriage, de facto and domestic partnerships

Australian Census data from 2011 shows that the married proportion of the total population has been falling. It is no longer the case that a majority of the population is married. Not so long ago the married proportion was as high as two-thirds of the entire population during the mid-20th century.  In 2011, this has dropped to less than half., and the relative divorce rate in Australia remains one of the highest in the world.

What Are Testamentary Trusts?

What Are Testamentary Trusts?

You can think of a trust as a kind of legal-container, in which assets are held safely for the benefit of one or more people. A testamentary trust is setup in a Will, which appoints one or more trustees to distribute income & capital to beneficiaries over time and with certain guidelines in place.

This offers several benefits over standard Wills. Incorporating a testamentary trust into your Will is not relevant in every situation, but our specialist Adelaide estate planning law firm can help you determine if this legal measure would be of benefit to you and your loved ones.

How a Testamentary Trust Works

There are different types of testamentary trusts. A discretionary testamentary trust generally names a class of beneficiaries from which the trustee can choose to distribute, meaning that the trustee controls the assets and maintains legal protections for them until they are distributed to the end-beneficiary. Sometimes the trustee only distributes income from invested assets to one class of beneficiaries, keeping the capital distribution for a separate class of beneficiaries. In this way, the income-benefit of an asset can be given to a person, without them (or their “predators and creditors” being able to get their hands on the underlying asset.

Estate Planning Challenges: The Ageing of Australia’s Population

Estate Planning Challenges The Ageing of Australias Population

Thanks to modern health care, the ageing population of Australia is growing rapidly. According to the Australian Bureau of Statistics, the demographic of people aged 65 and older increased by 3.7 percent between 1993 and 2013.

These numbers are expected to increase more rapidly over the next decade. If you’re in fairly good health and able to care for yourself well into your golden years, this is great news.

However, no one knows when an illness or injury could strike, requiring expensive long-term care and accommodations. Not planning for the future while you’re still of sound mind and in good health could be disastrous for you and your loved ones—physically, emotionally and financially. This is why it is in your best interest to meet with an Adelaide estate planning lawyer at Genders & Partners as soon as possible.

Legal Documents

When you meet with our experts on estate planning in Adelaide, we will assist you to protect yourself, your family and your assets. In addition to preparing your Will, we will provide advice and assistance on Powers of Attorney, and Advance Care Directives so that your loved ones know who is in charge of making certain decisions for you should you become ill or unable to make decisions for yourself. This leaves no one guessing or arguing over your wishes.