Business Estate Planning

So you’ve been named in someone’s will, they’ve died, and now you’re left trying to figure out how to be a great executor – even if you didn’t really want the job. First things first: sorry for your loss. Second: yep, this is a big job. Third: if things are already feeling pretty complicated, you’re not alone. At Your Estate Lawyer we like to think of executors as the unsung heroes of the inheritance world.

So you’re gone. Kaput. Kicked the bucket. Fallen off the perch or popped your clogs. But, oops you forgot (or chose not to) write a will. First, I want to be honest: this happens a lot. About half of all South Australians die intestate (which is the fancy legal word for ‘without a will’). If you’re reading this, chances are someone close to you may have died without one – or maybe you’re just here

I’ve never met a person yet who said to me, “Fiona, I’ve been waiting my whole life to be up to my neck in deceased estate litigation because it sounds like such a fun way to spend my days”. Of course I haven’t, because the people I work with are busy grieving, not scheming. Despite what you may hear from your opinionated uncle, read in the media, or watch play out in social media comments,

As the saying goes ‘There are only two things you can be sure of in life – death and taxes’. What many people don’t realise is tax rises to the top because even when you’re dead, there are still taxes. Taxes after death can present a complex landscape for the dead person’s family and executors but there are several things you can do whilst you’re still alive to help elevate yourself to Dream Dead Person

Family relationships can be complicated, and whether it’s due to longstanding conflict, emotional abuse, or differing values, some family members intentionally cut ties and become estranged. While you (or the other family member) may have severed the emotional bond, your legal obligations around estate planning remain intact. The uncomfortable reality is that estranged family members may still have a legal claim to your estate, and without professional advice, simply excluding people from your will can

None of us like imagining a time when we many need to support someone who has lost capacity, whether it’s a parent, partner, or sibling (or heaven forbid, ourselves). But supporting someone who can no longer make decisions for themself is far more common than you may think. And when it happens, it can turn life into a complex emotional, legal, and financial maze. While we generally think of loss of capacity as being the