Deceased Estates Simplified Cover

Challenges to a Will or Estate in South Australia

A Guide for Beneficiaries of a Deceased Estate in South Australia | Genders and Partners

Challenges to Wills are far less common than challenges to estates. A Will can be contested or challenged when it is alleged that the Will was:

  • executed under undue influence from others
  • executed when the testator lacked capacity to understand what he/she was doing
  • tampered-with or altered after it was signed
  • the meaning of the Will is unclear
  • a later Will has been made by the Deceased
  • incorrectly executed or otherwise invalid due to a failure to follow the correct formalities
  • since been revoked
  • procured via fraud

poor mans will podcast by rod genders

The Poor Man’s Will Dangers of Joint Ownership in Estate Planning

The Poor Mans Will Dangers of Joint Ownership in Estate Planning

Joint accounts with other people are a common method for ageing persons seeking help with money management, but this can cause problems.

What is Joint Tenancy

Joint Tenancy is used often by couples as a means of owning shared assets. There are some good reasons to do this, but there are also some drawbacks.

Joint accounts are often referred to as a “poor man’s Will” because they allow an individual to give assets to another upon death without going through the probate process. Some people have the perception from hearing horror stories that probate will consume the entire estate.

Why You Need a Will and What it Does

Why You Need a Will and What it Does

Why You Need a Will and What it Does

Your ‘Will’ is a legal document that tells the world what you want to happen to your estate after you’re gone.

Your ‘estate’ is everything you own or control. It can include real estate, bank accounts, investments, shares, insurances, superannuation, vehicles, personal possessions and all manner of other assets.

It can also include intangible assets like goodwill, royalties, intellectual property and various legal rights.

World Alzheimer's Month | Genders and Partners

World Alzheimer’s Month

World Alzheimer's Month | Genders and Partners

Next week marks the beginning of World Alzheimer’s Month and Dementia Awareness Month. Without a medical breakthrough, the number of people with dementia in Australia is expected to increase to 536,164 by 2025 and to 1,100,890 by 2056.

World Alzheimer’s Day is on 21 September. Here at Genders and Partners, we will be honouring our clients and their caregivers who are battling Alzheimer’s and Dementia by posting on social media in order to spread awareness and start conversations about how to make life easier for those battling through these devastating diseases.

caring for parents and kids the sandwich generation is suffering

Caring for parents and kids – the “sandwich” generation is suffering

caring for parents and kids the sandwich generation is suffering

Most Australians aren’t planning for their own long-term care. This is creating a major problem for the next generation, who still have their own kids to look after.

This mirrors what is happening in other western economies such as UK , Canada and USA.

Rising costs and fluctuating economic and health care are the new realities, so more than ever it is important to be proactive before a long-term event happens, to help ensure that you can still take care of your own needs, especially if you are caring for someone else’s well-being.

weird probate Issues

Weird Probate Issues Part 9

weird probate Issues

Here’s one more in our series of articles about Wonky Wills, Pathetic Probates and Disagreeable Deaths.

If you’re twisted like us, you might get a laugh out of some of the strange stuff people do at the end of their days …
#1 Tomas Martinez
67-year-old Tomas Martinez was living on the street in Santa Cruz de le Sierra, Bolivia, when he was approached by police officers who had good news for him. His ex-wife (whom he abandoned years earlier) had died and was leaving him her fortune of $6 million.

Martinez thought the police were there to arrest him for his drug and alcohol related issues, and he fled without hearing what they had to say.

science fiction in estate planning

Science Fiction in Estate Planning

science fiction in estate planning

Could there ever be a legal expectation of a “use-by date” for humans?

We might scoff at such an outlandish notion, and relegate it to science-fiction, but should we be so quick to dismiss it entirely?

If Walt Disney wants to spend his own money to cryogenically freeze his body immediately after his death, in the hope that one day medical science will be able to cure him, then most people would probably shrug and say “So what – it doesn’t affect me.”

But what if a person with limited assets wanted to do this, with the effect that their entire deceased estate would be consumed by the expense.  Would the law (driven by societal expectation) permit that person’s children to over-rule the deceased’s wishes, switch-off the freezer and spend the savings?

You might argue that the person was already dead, but does this automatically forfeit all human rights, and if so are we truly “dead” while there remains some hope for recovery?

Let’s take it one step further: What if the patient has not died, but medical science permits his doctors to preserve his body in a form of coma indefinitely (again in the hope of benefitting from further advances in medical science in the future). If he is still “alive” then should he be permitted to spend his own money, regardless of any limit to the normal human life-span?  Should there be any limits? Who decides?  Should the rest of us be required to contribute towards the expense of his longevity (via Medicare & Centrelink, funded by our taxes)?

laugh at a lawyer and the world laughs with you

Laugh (at a lawyer) and the world laughs with you

laugh at a lawyer and the world laughs with you In this age of political correctness, it seems that humour is a dangerous occupation. Each joke must be carefully scrutinised for potential offence to some minority group, and then sanitised of any disrespect to anyone whose delicate sensibilities might be burdened with the weight of somebody laughing at their expense.

Social media seems filled with humourless people who aren’t happy unless they are fired-up and ranting against somebody for some perceived slight or ‘tone-deaf’ comment.

As a result, what used to pass for harmless fun is now seen as social activism. Everyone must be a ‘role-model’ at all times, and everything is a ‘learning-moment’.