Lost Will vs destroyed Will vs valid Will

A ‘lost’ Will is not automatically a ‘revoked’ Will – lost vs revoked A Will is valid until it is intentionally revoked by the Will-maker. The Will-maker must be of sound mind to revoke a Will. A person holding a POA for the Will-makers...

Appointor insane? Family Trust succession planning

Family Trust succession planning Many assets do not go into your Will at death. These assets do not go into your Will: Joint tenancy Superannuation (unless you have a binding nomination) Cross-owned insurance Family Trust assets (except for loan accounts and Unpaid...

When can’t you change a SMSF trustee?

Use a law firm’s website to update SMSF Deeds You would have thought it was straightforward to change the Trustee of a Self-Managed Superannuation Fund. Not so you if you read Moss Super Pty Ltd v Hayne [2008] VSC 158. A member died. The surviving member tried...

Can Family Trusts override the Family Court?

Family Trust v Family Court As tax lawyers, Legal Consolidated structures clients’ affairs to legally reduce tax burdens. We are also asked to: consider asset protection if you or your business goes bankrupt or insolvent draft 3-Generation Testamentary Trust...

Everett’s assignments out. Service Trusts in.

Everett’s assignments do not work. Instead, consider a Service Trust to overcome the Personal Service Income rules. Escape Personal Service Income rules (PSI) with a Service Trust Agreement Because of Personal Service Income rules (PSI) it is hard for professionals...