Australian Statutory Will A Statutory Will is a Will written by the Court for you – before you die. Ten years ago Rolf suffered a ‘near fatal’ car accident. The Court said that from that moment on he had ‘no testamentary capacity, no current...
Business Succession Planning Quick links: Dr Brett Davies’ thesis – Click here Estate planning manual – Click here Business Succession Planning Question: Dear Dr Davies, I am a financial planner specialising in business risk. I was hoping that you...
Binding Financial Agreements (BFAs) are no longer worth the paper they are written on Legal Consolidated Barristers & Solicitors no longer prepares BFAs. To date, all Legal Consolidated BFAs have been upheld in the Family Court and other Courts. We have stopped...
SMSF Joint Tenants vs Tenants in Common – Which is better? Question: SMSF Joint Tenants vs Tenants in Common is a common discussion. I agree that Joint Tenancy is generally dangerous because of the CGT regime as per your previous PRUDENCE (2nd Edition)...
Court rewrites Will to save tax – a novel remedy for crazy people Each of the States and Territories allow the making, revoking and varying of a Will. But only if you lack testamentary capacity: South Australia: section 7 Wills Act 1936 (SA) ACT: section 16A...