How to avoid capital gains tax on inherited property

How to avoid capital gains tax on inherited property Have you inherited property? You may have to pay capital gains tax (CGT). Capital Gains Tax is an Australian tax on real estate or shares that may be payable when you sell these assets. The tax is calculated on the difference between the purchase price of […]

Dependent Support Claims in Contested Wills

What are Dependent Support Claims in Contested Wills in NSW? Dependant Support Claims in Contested Wills, are claims made against a deceased Estate by dependents of the deceased. They are generally made by adults -being either adult children, stepchildren or grandchildren of the deceased under the family provision claim section of the Succession Act. Dependent […]

How can I get more than my siblings from our parent’s estate?

How can I get more than my siblings from our parent’s estate? Can I inherit a larger share of my parent’s Estate? I have given up my job to look after them, whereas my siblings are still living in their own homes and have full-time jobs. Caring for elderly parents can be a full time […]

How to talk about estate planning with your parents

How to talk about estate planning with your parents Talking about Wills with your parents is an individual’s choice. Most families avoid these types of discussions as they can be uncomfortable, but by asking these questions, families can be better prepared when a family member passes and have a better understanding of what their wishes […]

What is a Family Provision Claim?

What is a family provision claim? A family provision claim is made by a person who hasn’t been included in a Will or hasn’t received their fair share. Who can make a family provision claim? A family provision claim can only be made by people who are considered ‘Eligible Persons’ under the Succession Act. Eligible […]

What is the definition of personal possessions in a Will?

NSW Supreme Court

What is the definition of personal possessions in a Will? (also known as personal items, personal effects, personal property or chattels). Case Study: Lowe v Lowe [2015] NSWSC 48 This has long been the subject of court decisions about what is included in “personal possessions” and how they are to be distributed to beneficiaries. A […]

What is a Testamentary Trust?

How does a Testamentary Trust work? A Testamentary Trust is a Trust that is set up in your Will to look after your loved ones after you are gone. A Testamentary Trust comes into effect after you die. The way a Testamentary Trust works is that you set up a Trust in your Will with […]

What to do when a parent dies (NSW)

What to do when a parent dies (NSW) What to do when a parent dies, can be one of the hardest situations to experience. As well as dealing with the loss of a loved one, you may also have to deal and handle the effect of their death, which may include, ensuring that the wishes […]

What is a residuary clause in a Will?

What is a residuary clause in a Will? A residuary clause in a Will can ensure that any property not mentioned in your Will is properly disposed of without the risk of a partial intestacy arising. A partial intestacy means, that a gift in the Will has failed and that part of the property will […]

Estate planning for disabled beneficiaries

How to create a testamentary trust for a disabled child “I am the single parent of a child with severe disabilities. What can I do in relation to providing for them in my Will? I want to ensure that they are properly taken care of when I am no longer able to.” You are not […]