Briefly Legal by Frank Legal

Estate & Succession Planning: How do I distribute my super?

Posted by Naomi Webb on Feb 21, 2017 10:52:46 AM

Superannuation is a complex area of Estate Planning that a lot of people don’t really understand. It is important to think about your super when considering your Estate Planning as it can be a significant asset in your Estate.

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Topics: Superannuation

Estate & Succession Planning: What is a Trust?

Posted by Naomi Webb on Feb 21, 2017 10:45:28 AM

Before diving too deep into the specifics of Testamentary Trust Wills and how they can benefit you, it’s helpful to understand what a Trust actually is.

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Topics: trust

Estate & Succession Planning: Appointors and Trustees

Posted by Naomi Webb on Feb 21, 2017 10:33:43 AM

As seen in the previous post on Trusts in general, we saw the different roles played by the Settlor, the Trustee and the Beneficiary. We also saw that a Trust is governed by a fiduciary relationship between the Settlor and the Trustee wherein the Settlor relies on the good faith of the Trustee. 

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Topics: Trusts

Family Law: Service (noun)

Posted by James Frank on Feb 17, 2017 11:52:49 AM

Service (noun): the process of sending or delivering court documents to the parties to a matter after the documents have been filed with the court.

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Topics: Family Law Parenting, Family Law, Family Law Divorce, Family Law Property

Family Law: Disclosure (noun)

Posted by James Frank on Feb 17, 2017 11:47:52 AM

Disclosure (noun): a process whereby both parties to a family law property settlement are required to exchange all information and documentation relevant to their financial circumstances.

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Topics: Family Law, Family Law and Business, Family Law and Finance, Family Law Property

Family Law: Parental Responsibility (noun)

Posted by James Frank on Feb 17, 2017 11:41:03 AM

Parental Responsibility (noun): the legal duties, powers, responsibilities and authorities that parents have towards their children.

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Topics: Family Law Parenting, Family Law

Family Law: An Introduction to our Jargon Guide

Posted by James Frank on Feb 17, 2017 11:35:17 AM

Have you ever watched a medical drama on television and been in awe of the complicated medical diagnoses the actors have to not only remember, but deliver convincingly without tripping over their words? Or, more worryingly, have you yourself ever attended an appointment and left feeling more confused than when you arrived because it felt like they were speaking another language?

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Topics: Family Law

Estate Disputes:  Hostile Ex-Wife receives $750,000 from deceased estate

Posted by Robert Webb on Feb 14, 2017 5:00:35 PM

Doctor Lodin died in June 2014 leaving behind an estate valued at approximately $5 million. Dr Lodin had died intestate as he did not have a Will. Under the rules of intestacy, Dr Lodin’s sole daughter was entitled to the whole of the estate. Dr Lodin’s ex-wife, Magdalena, subsequently brought an application for family provision against the intestate estate. 

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Topics: Estate Disputes

Litigation: Protecting yourself from insolvency Professional advisors beware!

Posted by Robert Webb on Feb 14, 2017 3:43:16 PM

The Fair Work Ombudsman has been taking an increasing interest in the area of advisor liability and illegal phoenix activity. Illegal phoenix activity refers to the transferring of assets from a company nearing insolvency to a new company to protect those assets from creditors when the company goes into liquidation.

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Topics: Litigation

Estate & Succession Planning: How is a Testamentary Trust Will different to a Traditional Will?

Posted by Naomi Webb on Feb 2, 2017 2:29:43 PM

A Traditional Will outlines the intentions of the testator and how they would like their Estate to be distributed amongst their beneficiaries. Once the testator passes away, the funds will be distributed to the beneficiaries directly according to these instructions. 

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Topics: Estate & Succession Planning

The Briefly Legal Blog

By Frank Legal

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