Estate Planning

Powers of Attorney for Peace of Mind

Written by Andrew O'Donnell, Director - Edney Ryan Legal

Many people in the coming months will need to be in self-isolation, quarantine or potentially receiving treatment. This separation will make it harder for practical matters to be managed. There will be times that may need people to be formally authorised to make decisions for you. Having a power of attorney in place is the best way to be prepared... Read more

What Isn’t in a Will Kit?

Written by Andrew O'Donnell, Director - Edney Ryan Legal

DIY “Will Kits” are not new and now many websites boast online Wills which promise to save hundreds on legal fees. The convenience and low price may seem initially appealing, however there are some significant disadvantages to preparing a Will without sound legal advice. 1. You Don’t Meet the Person Writing Your Will. This is the most significant issue with... Read more

Advance Directives – Helping Your Wishes Count When You Can No Longer Make Healthcare Decisions

Written by Andrew O'Donnell, Director - Edney Ryan Legal

If you were seriously ill or injured and unable to communicate your wishes, who would make decisions about your care or treatment? Would they even know what you want? Advance Directives are a good way to help your loved ones and doctors make health care decisions based on your individual values and beliefs, when you are no longer able to.... Read more

Online Estate Planning

Written by Andrew O'Donnell, Director - Edney Ryan Legal

Save time and money, by starting your Will online now. Our online tool will guide you through the key information required in order to make a start on your Will. Get peace of mind with a solicitor-drafted Will and other important documents Ensure your loved ones are provided for Have your Will prepared as quickly and easily as possible The... Read more

Digital Wealth – Planning for Death and Incapacitation

Written by Ranu Jas, Solicitor - Edney Ryan Legal

Whether we like it or not, our lives are becoming more and more digitalised. Yet, how many of us stop and give thought to the jumble of digital wealth we leave behind after our death? Not many, it seems. A survey for the NSW Trustee and Guardian found 83 per cent of Australians have not discussed what will happen to... Read more

Ensure Your Say in Your Estate with a Valid Will

Written by Andrew O'Donnell, Director - Edney Ryan Legal

What do Amy Winehouse, Abraham Lincoln, Barry White, and Bob Marley have in common? They all died intestate; meaning they died without leaving a valid Will.   A Will is a legal document that sets out how you want your assets to be distributed when you die. It allows you to make your own choices about your estate and gives... Read more

Family Provisions: Who Can Make a Claim on an Estate?

Written by Andrew O'Donnell, Director - Edney Ryan Legal

By Andrew O’Donnell, Director – Edney Ryan Legal In the era of longer life expectancy, marriage, divorce, de-facto relationships and blended families, it is important to be aware of the law around family provisions from estates, both for Willmakers and potential applicants. A Family Provision claim is a legal application by an eligible person for a share (or larger share) of... Read more

Informal Wills: A Risky Way to Express Your Testamentary Wishes

Written by Andrew O'Donnell - Director, Edney Ryan Legal

A legally binding Will must be written on paper and signed by the testator in the presence of two witnesses. These requirements are designed to prevent fraud, undue influence, substitution or mistake, given that the person who creates the document is not available to be questioned when the Will is being executed. However, there are some exceptions, and Courts can... Read more

Why Don’t You Have a Will?

Written by Andrew O'Donnell - Director, Edney Ryan Legal

We are regularly surprised at the number of adults we meet who do not yet have a Will. If you have family, or any amount of wealth, or both, you should have a Will. Here we address some of the very common reasons why making a Will is avoided. Do you dislike lawyers? Many people do. We’re used to it.... Read more

Avoiding Mistakes in Wills: Ademption

Written by Andrew O'Donnell - Director, Edney Ryan Legal

‘Ademption’ is a legal term that describes what happens when something that is left as a gift in a Will is no longer owned by the Will-maker at the time of their death. Consider these examples of how this can occur. Example 1: The gifted property has been sold, for example the family home has been sold to fund aged... Read more