Australian-Supreme-Court-says-DIY-Wills-are-a-curse.jpg

Australian Courts Say DIY Wills Are a Curse

Do It Yourself Wills, Estate Planning, Trusts, Wills
Australian Supreme Court says DIY Wills are a curse

Western Australian Supreme Court Master Craig Sanderson has publically stated in a 2014 judgment that “Homemade Wills are a curse,” and inevitably lead to protracted and expensive legal battles in family disputes involving substantial estates.

Master Sanderson said the legal issue around the proper determination of the deceased’s Will could have been avoided if he had “consulted a lawyer and signed off on a Will that reflected his wishes”.

Master Sanderson warned of the dangers of homemade Wills, saying there was no question that engaging a properly qualified and experienced lawyer to draft a Will was “money well spent”.

“But where, as here, the estate of the deceased is substantial, the Will is opaque and there is no agreement among the beneficiaries, the inevitable result is an expensive legal battle which is unlikely to satisfy everyone.”

This view is supported by Rod Genders, who is a senior Australian lawyer specialising in trusts, Wills and estate planning, accident compensation, probate and deceased estate administration in Adelaide and throughout South Australia. His boutique specialist law firm, which was founded on 1848, is one of the oldest and most respected in Australia.

The End of Life Debate in Australian Estate Planning

The End of Life Debate: Planning for the Future When the Future is Uncertain

Death Benefits, Wills, Wills and Estate Planning

In June 2010 the Supreme Court of South Australia Court effectively granted an elderly woman’s wish to die.

The End of Life Debate in Australian Estate Planning

The woman was in her 70s and confined to a wheelchair. She instructed her nursing home to stop giving her food and drink and the drug insulin, knowing she would die.

She clearly asserted her right to refuse to take food and medication. The Court case was instigated by the Nursing Home in which she resided, because of concerns that her carers might face prosecution for assisting in a suicide or committing other crimes if it complied with her desires.

The judgment is a first in South Australia and reflects a similar ruling in Western Australia in 2009, where the Chief Justice of the Supreme Court of Western Australia, held that Christian Rossiter be allowed to withdraw nutrition & medication, even though the undoubted consequence of this would lead to his death.

Rossiter had become a quadriplegic after a road accident, and retained full ability to understand his condition and to make reasoned choices on his own behalf. His fully functioning mind was trapped within a body which was unable to undertake any basic human functions’. Nutrition was provided to him through a tube inserted directly into his stomach.

who and how to appoint an executor in your will in south australia

Who and how to appoint an Executor in your Will in South Australia

Wills
who and how to appoint an executor in your will in south australia

Choosing who will take on the role of Executor of your Will can sometimes be challenging.

Most Will-makers (aka ‘Testators’) appoint a trusted friend or family member as their executor. This person will end up playing a very important role, with a lot of responsibility.

If they instruct an experienced lawyer who specialises in Wills and Estates, then most of the ‘heavy-lifting’ will be done for them by the lawyer.

ten-thousand dollar wills

Ten-Thousand Dollar Wills

Wills
ten-thousand dollar wills

 In my four-decade career, I have never come close to charging $10,000 to create a Will for any of my thousands of clients, and that includes an international billionaire who controlled 27 different trusts, each with a corporate trustee!

However, I have acted in plenty of probate applications where a cheap or DIY Will has cost at least $10,000 to ‘fix’ after the testator died.

Here are three true examples from my clients in just the last twelve months:

essential considerations for your family trust

Secure Your Family’s Future: Essential Considerations for Your Family Trust

Trusts, Wills
essential considerations for your family trust

As the end of the financial year approaches, it is crucial for adult Australians who have a family trust to take proactive steps to ensure the smooth distribution of their trust’s capital and income.

With the potential to significantly impact your family’s financial well-being, making informed decisions about your family trust is essential.

This article aims to provide practical advice and recommendations to empower you to take action.

urgent alert for will-makers

Urgent Alert for Will-makers

Wills
urgent alert for will-makers

In 2023 South Australian law regarding Wills and estates is about to undergo a massive change.

For a long time, people have complained that it is too easy for gold-diggers to challenge a Will – especially adult children who are not deserving.

Think: estranged adult child who never visited or supported their old mum in any way, only turning up to claim a share of mum’s estate after she died.

did you know youre a yoyo

Wills and Estate Planning Adelaide: Did You Know You’re A YOYO?

Estate Planning, Pensions and Retirement Planning, Planning for Disability and Incapacity, Wills
did you know youre a yoyo

YOYO stands for You’re On Your Own, and it has never been truer for Australian retirees.

In the 1980’s when Bob Hawke and Paul Keating changed government policy to encourage us all to save enough money for our eventual retirement, we did so with an expectation of mastering our own destiny to enjoy a wonderful and carefree retirement.

The idea was to reduce the dependence upon government funds for the old-age pension.

There has been a tremendous change in the social culture of Australia in the 40 years or so since superannuation commenced.

what happens when a gift in a will has been lost

What happens when a gift in a Will has been lost?

Wills
what happens when a gift in a will has been lost

With Australians living longer than ever, their physical health is often declining slower than their mental capacity, requiring close family members to assume the role of agents and substitute decision makers for financial and legal matters, generally by way of an enduring power of attorney.

It is not surprising if you have never heard of ‘ademption’. Ademption is a legal term derived from a Latin word meaning ‘a taking away’.

Ademption occurs when property (either personal or real estate) gifted under a Will is no longer in the Will-maker’s (Testator’s) estate when they die.

dividing business assets following divorce

Dividing Business Assets Following Divorce

Wills
dividing business assets following divorce

The life of a business owner involves long work hours, travel and utilising all resources (time, energy, money etc) to grow their business.

It is no wonder that the combination of these factors can cause a strain on relationships and in some cases, results in separation.

Separation is never easy, but it can be even more difficult for business owners.

This is because business owners have the added uncertainty of having their jobs (and often livelihoods) tied up in a business that is considered an asset of the relationship.

naming a child-guardian in a will

Naming a Child-Guardian in a Will

Wills
naming a child-guardian in a will

You may already know that marriage automatically revokes all prior Wills (with a few special exceptions) in every state and territory in Australia.

But did you know that divorce does not necessarily have the same effect? Depending on where you live, your ex-spouse might still be entitled to inherit under your Will.

Further, your powers-of-attorney and advance directives are not affected by divorce at all.