covid wills need review

COVID Wills Need Review

COVID-19
filling-registration-form-coronavirus-mask-lying-near-by

The COVID-19 pandemic triggered a huge spike in Australians rushing to put their affairs in order, however a lot of the Wills that were created during this time may not be worth the paper they are printed on.

Rod Genders is a senior Australian lawyer from the oldest law from in South Australia (Genders and Partners established 1848), which specialises in Trusts, Wills and Estates.

He warns about the following common problems that he is seeing in his law practice from mistakes made by people in their COVID-era estate planning.

why diy wills are so bad

Why DIY Wills are so bad

DIY Wills
why diy wills are so bad

The Western Australian Supreme Court publicly 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.

The Court 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”.

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.

people behaving badly

People Behaving Badly – part 5

Wills and Estate Planning
people behaving badly

Mr B granted power of attorney to his daughter M.

B had significant medical issues and was highly vulnerable.

When B lost his capacity, and needed to move into a nursing home, M sold her father’s home under power of attorney.

However she did not use the money to pay the upfront capital cost of a Refundable Accommodation Bond.

how can i view someones will

How can I view someone’s Will?

Wills and Estate Planning
how can i view someones will

Several times each year my phone rings and someone asks me how they can locate and view the Will of someone close to them.

The circumstances of these requests vary, but can be broken down into two main groups: Someone has recently died, and their relative wants to know if they are a beneficiary; or an elderly person is becoming forgetful and their relative is concerned that they have been coerced into changing their Will, and want to satisfy their curiosity.

top 7 things retirees need to know

Top 7 Things Retirees Need To Know

Digital Assets
top 7 things retirees need to know

Baby Boomers are retiring in record numbers, and seniors need to know how to best plan for both themselves and their loved ones.

There are definitely some sure-fire approaches to take – as well as some serious pitfalls to avoid.

1. Put Your Affairs In Order

The first step to putting your affairs in order is to take specialist advice: a lawyer who specialises in estate planning; a financial planner who specialises in retirement planning’ an accountant who specialises in tax planning.

why i am securing my online accounts and you should too

Why I Am Securing My Online Accounts and You Should Too

Digital Assets
why i am securing my online accounts and you should too

Protecting your digital assets – your electronic and online accounts and data – has never been more important.

In 2023 Australia, our digital security laws are about to be reformed following multiple major Australian data breaches.

Over a six-month period in late 2022, Australia suffered multiple major data breaches that each affected 1 million or more people, according to the latest statistics by the Office of the Australian Information Commissioner (OAIC).

hell hath no fury like an ex-wife twice deceived

Hell hath no fury like an ex-wife twice deceived

Wills and Estate Planning
hell hath no fury like an ex-wife twice deceived

England’s second-highest court has granted an ex-wife a THIRD bite at the cherry – 12 years after the divorce, because her ex-husband kept lying about (not disclosing) his assets.

In February 2023, Julia Goddard-Watts (the wife) won the first stage of her appeal against an England and Wales Family Court judgment that left her with less than 10 per cent of the assets from her 14-year marriage to businessman James Goddard-Watts (the husband).

7 things you must consider about problem children in your will

7 Things You Must Consider About Problem Children In Your Will

Wills and Estate Planning
7 things you must consider about problem children in your will

… an interview* with refreshingly honest observations from a specialist lawyer …

After 35 years in legal practice, there isn’t much that still surprises Rod Genders. He’s pretty much seen it all.

I have made my Will with him, and I am glad to have his strength and knowledge on my side. Standing at 6’4” Genders is a big man, and he has an imposing presence. I wouldn’t like to confront him in Court – or in a dark alley, for that matter!

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.