‘Blood diamonds’ is a phrase that has slipped into the lexicon over the past decade or so. The associations that travel with the phrase suggest that blood diamonds are, if not evil solidified, something very close to it. Recently a curvaceous super model (unfortunately not a tautology), the ex-dictator of Liberia (unfortunately an oxymoron), and…
Sanity, Wills, and Marriage
Posted by - & filed under Family Law, Will & Estates.A will-maker is presumed to be sane, and to have sufficient mental capacity to make a will, unless the contrary is proved. A lack of mental capacity may derive from a congenital intellectual difficulty, trauma affecting the brain, or cognitive processes and disease, including those more commonly occurring with old age. The Dickensian language of…
Borrowing by Self-Managed Superannuation Funds (SMSFs)
Posted by - & filed under Tax & Superannuation Law.Self-Managed Superannuation Funds (SMSFs) are popular vehicles for investing. There are many reasons why people choose to establish and invest in SMSFs. There are also many downsides to using them: your money is tied up until later in life; you don’t really own any of the assets in a SMSF; you are subject to sovereign…
Special Disability Trusts
Posted by - & filed under Family Law, Tax & Superannuation Law, Trust Law, Will & Estates.The Special Disability Trust is an underutilised but useful vehicle for providing for family members who may have a physical or intellectual disability. It permits one to hold up to an amount of $551,740 which is excluded from the asset test, and the income from which is excluded from the income test. What Is It?…
Divorce and Estate Planning
Posted by - & filed under Family Law, Trust Law, Will & Estates.The effects of family breakdown extend beyond the personal to the economic, including intergenerational wealth transfers such as those created by wills. The Family Court has extensive powers to make orders in relation to the ‘property’ and ‘financial resources’ of couples whose relationship has failed and one or both of whom have asked for its’…
What to Look for in a Conveyancer
Posted by - & filed under Conveyancing & Property Law.First, a truism: the purchase of a house involves a major commitment, and a major investment. It can be exciting and stressful at the same time. You will, on so many levels, have a relationship with your house. Get off to a good start. Many people are likely to have an involvement with your purchase:…