the softer side of estate planning podcast by rod genders

Don’t Neglect the Softer Side of Estate Planning

Dont Neglect the Softer Side of Estate Planning

A long time ago (1983 actually), Sean Connery came out of 007 retirement to make an unofficial James Bond movie called Never Say Never Again. In one scene he pretends to be a masseur at a health spa, and suggestively says to Kim Basinger: “Hard or soft … massage?”

This movie-line must have stuck in my brain all these years, because it suddenly seemed like a good way to highlight some important considerations in modern integrated estate planning – Hard or soft … estate plan?

What is the Softer Side of Your Estate Plan?

Identify, document and share your wishes for end-of-life care, the care of your pets, the custodianship of your special assets, who your carers will be, where will you live if you lose your independence, and more.

Estate Planning Complications of a Lost Will

Estate Planning Complications of a Lost Will

Estate Planning Complications of a Lost Will

Failing to keep your estate planning documents safe can cause major complications, for you and your family.

In South Australia, the simple form of Probate, known as a Grant of Probate in Common Form requires production and surrender of the Last Will and Testament of the deceased. This means that the original signed document must be located as a matter of priority. Otherwise the executor may not be able to deal with the assets of the deceased.

If the original Will cannot be located, the situation may not be hopeless. A different form of Probate, called a Grant of Probate in Solemn Form, may be attempted with a draft or copy of the last known Will of the deceased.

Estate Planning Challenges: The Ageing of Australia’s Population

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.

The Necessity of Getting Your Affairs in Order Now

The Necessity of Getting Your Affairs in Order Now

Life is unpredictable, and your whole world can change in an instant if you fall ill or sustain a serious injury.

You certainly don’t want to think about your death when you’re in the prime of your life, but there are numerous good reasons to consult with an Adelaide estate planning lawyer as soon as possible.

It may be difficult to face your mortality, but the compassionate team at Genders & Partners will make the legal process of getting your affairs in order as easy as possible so that you can put this unpleasant task behind you and go back to living your life to the fullest.

Estate Planning for Problem Children in SA

Estate Planning for Problem Children in SA

Estate Planning for Problem Children

An increasing number of Baby Boomer parents are concerned about leaving unconditional bequests in their Wills to their grown-up children, for fear that they will squander their inheritance.

As parents we love our children and want them to receive the benefit from our hard work after we’re gone.

However, some kids just seem to attract hard luck and trouble, don’t they?  They can be immature, have difficulty holding a job, or are just poor money managers. Some develop a bad and expensive habit, like gambling, drugs or alcohol, while others suffer mental illness.

Then there are the risky-business kids, who constantly fear the door-knock from the bailiffs because they run their businesses on the knife-edge of bankruptcy and litigation.

What are digital assets

Estate Planning must include Digital Assets

What are digital assetsHow many things in your life do you manage or store on your computer, tablet, smartphone or online? Like many people today you probably access photos, videos, music, e-books, blogs, movies, emails, conversations, social media, games, bank accounts, medical records, and even your identity – all online. All of these are called “digital assets” and they may be of financial or sentimental value to you and your family. They can be just as precious and important as physical assets that you can touch. They should be part of your general planning for what happens when you die or if at any time you are unable to manage your own affairs.

Why are Digital Assets important?

Within just a few years, digital assets have become important in many areas of our lives. We must plan for what happens to our digital assets on death or when we lose mental capacity, for a number of reasons:

Financial Value; such as PayPal accounts, virtual bank accounts, online gaming accounts; bitcoin; photographs; popular domain names or online businesses;

5 Common Estate Planning Mistakes

5 Common Estate Planning Mistakes

5 Common Estate Planning Mistakes

Winston Churchill famously said “Those who fail to learn from history are doomed to repeat it”.

As the oldest law firm in South Australia, and specialising in Trusts, Wills, Estate Planning and Administration of Deceased Estates, we frequently encounter examples of people failing to take the proper steps to create an estate plan that will work properly when the time comes. Some people allow their families to learn the hard way, and fail to shield their families from costly legal messes.


Who gets the jewellery?


When administering a deceased estate, love and law can intersect in the context of grief, causing problems for those left behind. Small things can set-off major family feuds.

For most families, a desire for personal effects is less about what they are worth and more about their sentimental value. Medals, jewellery and personal items are often the subject of strong feelings.

People in grief can behave irrationally, and their high emotions can create powerful symbols out of ordinary objects – a grandfather’s watch, a necklace, the rings mother wore – and in their minds the items become confused with how much the deceased loved them, rather than the market value of the items in question.