Succession law explained
Australian Succession law is not always culturally appropriate to Aboriginal & Torres Strait Islanders, as it fails to recognise the impact that different kinship patterns have. Similarly the passing of material goods, burials, guardianship of children and the importance that passing customary secret laws has within the Aboriginal & Torres Strait Islander communities are …
Continue reading "Indigenous Intestacy"
Jimi Hendrix died, after asphyxiating on his own vomit in September 1970 at the age of 27. He died without a Will, with his estate owing back taxes and other debts and only $20,000 in the bank. Leo Branton an estate lawyer took control of the estate, providing Hendrix’s father Al a modest income from …
A testamentary trust does not come into effect until after the death of the person making the will. At this time, specified deceased estate property is transferred to a trustee, who holds the assets on trust for the benefit of the beneficiaries. A Testamentary Trust is established to give the Trustee a broad discretion to …
As we have discussed previously the property and assets belonging to a person who has died is called their deceased estate; this may include real estate, money in bank accounts, shares, and personal possessions. I am revisiting this today because a friend asked about a situation that occurred with a resident of her building who …
Continue reading "How Quickly can an estate be administered?"
Anthony John Sheed died on 21 June 2010. He had made a Will on 18 May 2009. Sheed had divorced his former wife, Sandra, with the decree absolute effective on 17 July 2009 two months after the Will had been made. The Supreme Court of Western Australia had to decide whether or not the Will …
Colin Thorne died on 11 June 2003 aged 70. He had been divorced for many years and was survived by his three daughters, then aged 45, 43 and 41. Mr Thorne had a solicitor make a will that was executed sometime during 1979 leaving his entire estate to his eldest daughter. The Will was found …
The Reverend Martin Luther King, Jr. was a Baptist minister, activist, humanitarian, and leader in the African-American Civil Rights Movement. Best known for advocating nonviolent civil disobedience based on his Christian beliefs to promote Civil Rights he  was assassinated in Memphis on April 4 1968 at the age of 39. Dr. King died without a …
Maria Zuvela Grizun died on 2 October 1992 aged 89. She had made a Will on 13 October 1987. Probate was granted on 20 May 2013. The will was 'home made' on a will form that is widely available from stationers. The printed parts of the will and the deceased's name, her address, and name …
Sally Ann and Steven Rainoldi lived with their daughter Kayla at 152 Holden Road Roleystone, where they were partners in an orchard business. Steven Rainoldi died on 8 April 2011 leaving a will dated 13 July 2006. The will was homemade and appears to have been drafted after discussions between Rainoldi & his de facto …
On average people are starting families later which is a growing concern for insurance companies because typically people consider taking out life insurance when they reach certain "milestones" in their life such as marriage and having children. Interestingly as society has changed a fixation to milestones has not. Â What is interesting about this behaviour is …
Continue reading "Milestones? It’s your life! Plan it your own way."