Estate Planning

For a Will to be valid there is a fundamental requirement that the Will maker is in the right state of mind. This is legally referred to as having ‘testamentary capacity’. Willmakers and their loved ones should understand the issues surrounding capacity to avoid disputes and ensure that assets will be distributed according to a person’s wishes. It is presumed... Read more

It is not uncommon for parents to want to help their adult children financially. This help may be in the form of an asset, or as cash, for example a deposit so their child can purchase their first property. Whilst some clients talk about giving their children an “advance on their inheritance” it is important to be aware of some... Read more

It is estimated that 185,000 older people in Australia experience some form of abuse or neglect each year. Abuse of older people can happen both inside and outside the home. It can also involve those who we love and trust. It can be challenging to identify abuse, as there is no single type of older person who is at risk,... Read more

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

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

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

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

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

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

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