February 22, 2018

What to do in cases of multiple executors?

It’s common for people to appoint more than one executor in their Wills to administer their estate when they die – particularly where adult children are concerned, usually so they all have a say in how things are handled.  This is seen by many parents as the fairest approach – even if there are tensions or fractured relationships amongst siblings.  We hear time and time again that ‘they’ll have to sort it out’.  Surely the kids will be united in their grief and avoid arguments? Unfortunately, this isn’t always the case – and we have seen a number of cases where executors (whether siblings or not) disagree.  

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What impact does having assets overseas have on your Will? 

If you do have assets in more than one country, it’s important to ensure that your Will properly disposes of your worldwide assets – not just those in Australia.  One available option is to make a single Will disposing of all of your assets.  Alternatively, you can make a separate Will for each country in which you hold assets.

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Calculating and comparing Retirement Village contracts made easier!

As an increasing number of Australians move into retirement villages, or ‘Over 55 Lifestyle Estates’, it is important to take a close look into issues that can arise during the research phase, as well as the complexities involved in this type of move.  This process has now been made a lot easier with NSW Fair Trading’s introduction of an online calculator set to assist older Australians in deciding which retirement village home is right for you.  

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Disclosure in an Ex Parte Recovery Application

Ex parte proceedings refer to proceedings where one of the parties may not be present.  The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.

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