Will Disputes and Contested Estates

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Get the Administration of your SMSF Right

Wednesday, May 20, 2015

A large number of SMSF trustees are under the misapprehension that their SMSF assets are covered under their Will. SMSF assets are not a part of an estate unless there is a binding nomination directing the assets to their estate.

The use of SMSF is growing as people thinking about estate planning value the flexibility and ‘control’ that a SMSF offers. Many people starting a SMSF are visiting their accountants to take advice and to arrange for the setup. It is important when establishing a SMSF to take appropriate legal advice from a specialist estate planning lawyer in order to ensure the assets of the fund are treated in the manner of your choice.

To find out more or to arrange to speak with a Lawyer with specialist knowledge of SMSF’s either telephone 1800 300 308 or follow the link. http://www.matthewsfolbigg.com.au/superannuation-and-asset-protection-get-peace-of-mind

Buy/Sell Agreements and SMSF – be careful!

Wednesday, May 13, 2015

Buy/Sell Agreements are a tool used to deal with events such as death, dispute and departure amongst business partners. As part of a business succession strategy it is not uncommon for an SMSF to take out a buy/sell life insurance policy. The ATO has now issued ATO ID 2015/10 and ruled in this situation that the sole purpose test was breached because the decision to purchase that life insurance policy was influenced by other factors.

To find out more or to arrange to speak with a Lawyer with specialist knowledge in estate planning either telephone 1800 300 308 or follow the link. http://www.matthewsfolbigg.com.au/superannuation-and-asset-protection-get-peace-of-mind

 

Right to Occupy a Property of a Deceased Person

Wednesday, May 06, 2015

Whilst the content of every Will need to be construed according to its terms, a 2014 judgment by the court determined that generally, a beneficiary may occupy a property personally or tenant the property with a right to receive rents and profits of the tenancy. Matthews Folbigg have specialist Will Lawyers able to assist you to both construct a Will ad to understand your obligations and entitlements. To find out more or to arrange to speak with a Will Lawyer either telephone 1800 300 308 or follow the link. http://www.matthewsfolbigg.com.au/wills-and-estate-planning-we-care-about-your-wishes

Why do I need a Will Dispute Lawyer?

Monday, December 15, 2014

There are many reasons why a Will of a person may be disputed. The most common reasons are

  • The deceased did not have mental capacity to make a Will;
  • The deceased was unduly influenced when making a Will; or
  • You may have a successful claim against the deceased's estate for family provision.

A Will Dispute Lawyer has the expertise and experience to provide you with practical and cost effective advice to make your claim successful.

If you wish to discuss any Will Dispute issues our Will Dispute lawyer located at Parramatta is happy to help.

Please contact Kerstin Glomb on 9635 7966 or kersting@matthewsfolbigg.com.au


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