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

Dementia and Estate Planning: Act Before It Is Too Late

Trusts & Guardianship, Wills and Estate Planning
Genders and Partners Dementia will soon become Australia's Leading Cause of Death

Dementia is now among Australia’s leading causes of death. The number of Australians living with dementia is projected to rise significantly in the decades ahead as the population continues to age and curative treatments remain elusive. For families and individuals, the implications extend far beyond medical care. Dementia reaches into estate planning, legal capacity, and financial security in ways that too few people address until it is too late.

Probate in South Australia: What It Is, When You Need It, and How It Works

Probate, Probate & Estate Administration
Probate in South Australia — when it is required, how to apply, and what executors need to know about estate administration

When a person dies in South Australia, those responsible for winding up their affairs must navigate a legal process before the deceased’s assets can be distributed. For many families, the centrepiece of that process is probate. Yet despite its importance, probate is widely misunderstood. Some people believe it is always required; others assume it is never necessary if there is a valid Will. The truth, as in most legal matters, lies in the particular circumstances. This article explains what probate is, when it is required in South Australia, how the process works, and what those administering an estate can expect.

payment to act as executor

Payment to act as Executor

Deceased Estates
payment to act as executor

As executor of a deceased estate you need to take a lot of care and responsibility.  But what, if anything, are you entitled to receive for your efforts?

In the last month I have received multiple enquiries from executors asking this question. The answer is not what they want to hear.

As executor you may pay (or reimburse) your reasonable out-of-pocket expenses from the estate’s assets.

why does probate take so long

Why Does Probate Take So Long

Probate & Estate Administration
why does probate take so long

Recent research from the UK confirms what many of us have known for some time: The estates administration process in Australia and the UK is paper-heavy, slow and inefficient and is causing stress, frustration, and even mental health issues for those involved.

In a recent annual Bereavement Index 2021, looking at the legal and financial responsibilities that come with administering deceased estates, UK research has discovered that 88 per cent of legal professionals think the probate process is too slow and inefficient.

selling a parents home after their death

Selling a parent’s home after their death

Probate and Deceased Estates
selling a parents home after their death

Coping with the death of a parent is challenging enough, and selling their home can be an added stress for children.

Grieving family members may be unable to make decisions. Unless someone takes charge, the home might fall into disrepair.

Siblings may also have emotional attachments to it or unrealistic expectations about the value of the home.

It’s all made even worse, if the parent dies without a Will.

Predictions revisited negative gearing

Predictions Revisited: Negative Gearing

Probate and Deceased Estates, Contested Estates
Predictions revisited negative gearing

A while ago I published a report entitled Top 10 Estate Planning Predictions for Australia.

This report stated that, over the next 10 years, Australia will face significant challenges as it attempts to balance its books while enormous numbers of Baby-Boomers exit the scene.

It concluded that the State & Federal Governments (of all political persuasions) will need to make some difficult choices to address these challenges, and attempt to cling onto our desirable quality of life.

Superannuation Death Benefits – Be Warned

Probate and Deceased Estates, Contested Estates
Superannuation Death Benefits Be Warned

As a matter of law an entitlement under a superannuation fund does not automatically form part of the assets of a deceased estate.

All superannuation funds in Australia are trusts, which are governed by their respective deeds of trust, subject to the Superannuation Industry (Supervision) Act 1993 (Cth), and administered by a trustee who holds a discretion in terms of the persons whom the trustee decides should receive the superannuation trust fund proceeds.

Top 10 reasons why challenges to Wills and estates are becoming more common

Top 10 reasons why challenges to Wills and estates are becoming more common

Probate and Deceased Estates, Contested Estates
Top 10 reasons why challenges to Wills and estates are becoming more common

Generational change in attitudes mean that more people than ever before are now prepared to challenge a Will if they don’t get what they regard as a fair share

A recent survey in the UK reveals that one in four people would mount a legal challenge against a loved one’s Will or estate if they were unhappy with it.

UK Court statistics confirm such disputes are on the rise, reflecting the increased readiness of family members to oppose a relative’s last wishes, with a record number of inheritance disputes now reaching Court.

Rogue Executors

Rogue Executors

Probate and Deceased Estates, Contested Estates
Rogue Executors

When executors goes bad, and what to do about it…

Several times each month, my phone will ring, and someone will tell me about a family member who is doing the wrong thing in the administration of a deceased estate.

It’s often a sibling. For some reason, some brothers and sisters can have a rivalry that borders on all-out warfare. There have been times when I’ve had sibling-executors in my office who couldn’t agree on the colour of an orange! (The expression ‘cats and dogs’ comes to mind).