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How discretionary are discretionary trusts?
Family (also often called discretionary ) trusts have been protecting assets, policing family benefit sharing, simplifying inheritance and spreading family income and the tax that goes with it.On average, many of those trusts can theoretically benefit...
Divorce: Overview
Divorce is the legal end of a marriage (dissolution of marriage). Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do...
How Binding is Your Binding Death Benefit Nomination
A recent case considered by the Queensland Supreme Court Williams v Williams & Anor [2023] QSC 90 has highlighted the importance of taking all of the required steps to ensure a binding death benefit nomination is valid and capable of giving a...
I’VE BEEN TOLD I NEED AN APOSTILLE. WHERE AND HOW DO I GET IT?
If you have an original document issued by an Australian government department (ie, birth certificate, marriage certificate, citizenship certificate), also known as a public document, you can obtain an apostille from the Department of Foreign Affairs and...
Guardianship and Administration Orders
What is Guardianship and Administration?Guardianship or someone being appointed as an administrator applies in situations where an individual with a disability has limitations on their ability to make decisions for themselves, whether that be for their personal life,...
Family Violence Intervention Orders
What is Family Violence?Family violence is defined in s5 of the Family Violence Protection Act 2008 (Vic) as being behaviour that is physically, psychologically, emotionally, economically abusive or otherwise threatening, coercive or dominating behaviour...
What Are Parenting Orders?
Sometimes, parenting disputes can lead to parenting orders to be made by the court, which are orders that outline the parenting arrangements for a child or children of a relationship or marriage. These orders will include information about who the child/ren will live...
Questions to consider when preparing your estate planning
Who you want to take care of your financial, personal, and medical affairs if you were to lose capacity by way of Enduring Powers of Attorney (financial and personal) and Medical Treatment Decision Makers?Who you want to be your executor and/or trustee?Do you need to...
Legalisation, Authentication and Apostilles
Embassies and ConsulatesDocuments notarised by an Australian Notary Public for use overseas may be required to be “legalised” or “authenticated”, before accepted by foreign governments or businesses.Foreign governments or businesses usually require Australian...
What is a deceased estate?
When a person dies leaving assets in Victoria, somebody, usually the executor of the deceased person’s Will, has to deal with the administration of the estate. Administering the estate means following the legal processes to distribute the estate as the Will-maker...