All publications relating to ‘Angela Harvey’
5 Reasons why you might need testamentary trusts in your will
A testamentary trust is a trust that is created under a will and comes into effect after you die. Here are five reasons why testamentary trusts are a great structure to consider in your estate planning. Asset protection Assets under a testamentary trust are held and managed by a trustee (as appointed by you) for the…
We can’t build our wills on suspicious minds
What to expect when challenging a will made in ‘suspicious circumstances’ Key points Courts presume that wills are made validly – that is, that they are prepared and executed correctly, and that the testator knows about and approves of the contents of the will These presumptions are open to challenge where the…
Advanced Care Directives
In Brief In this article, we examine Advanced Care Directives (ACDs) and how they can be used to assist your loved ones to make decisions about your medical treatment in circumstances where you lack the capacity to make such decisions for yourself. What is an ACD? An ACD is a document which sets…
Abuse of Power
In Brief In an important decision for people considering their estate plan, the Supreme Court of New South Wales has recently reiterated the limits on an attorney’s ability to use a power to benefit themself. But even with this protection, the case highlights the need for people to carefully consider who…
Who needs a statutory will?
In Brief In a previous article, we examined how statutory wills are able to be used for asset protection and tax minimisation purposes. In this article, we outline the types of people for whom an application for a statutory will might be made and then consider the prevailing issue of testamentary capacity…
Where there’s a will there’s a relative! Claims against deceased estates
In brief This year marks the 100th anniversary of the commencement of family provision legislation in New South Wales. Despite this, we are continuously surprised by the number of people who come to see us about their estate planning needs and who are not aware that their will may be…
Can you record your will on a DVD?
In brief The Early Romans had a curious way of making their wills. A Roman would walk into a public space and declare his or her testamentary intention by spoken word in front of at least seven witnesses. Over time the Romans recognised the risk of leaving the wishes of the deceased to…
A statutory will can stop a murderer But can it stop your creditors and the tax man?
In brief On 13 February 2005, Maria Korp was found unconscious in the boot of her car in suburban Victoria. Her husband Joseph and his mistress were almost immediately charged with her attempted murder. Whilst Maria was in a coma, her daughter applied successfully to the Victorian Supreme Court for a new…
My child is off the rails, can my will protect them?
In Brief A very rich person should leave his kids enough to do anything but not enough to do nothing… Whilst very few people could match Warren Buffett’s bank balance, almost everyone would share his sentiment. We all want to give our children every advantage possible, whilst at the same time…
Ruling from the grave: What conditions can you place on gifts in your will?
In Brief Some people find it hard to ‘let go’. In 1993, a resident of San Antonio in the United States passed away, leaving his house and $30,000 to his wife. However, this was not as warm a matrimonial gesture as it first appeared. The husband had included a clause in his will…