Death Chats

Can My Former Spouse Claim Against My Estate?

In Australia about 30% of first-time marriages and a whopping 60% of second and third marriages end in divorce. Every week I receive an email or phone call from a divorced or separated person. Some of them have been an ‘ex’ for decades. Some have a long line of exes. Others are in the process of creating an exit strategy. All of them want to know if their former spouse or partner will be able […]

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How To Choose An Executor

Choosing an executor to finalise your estate and make decisions after your death can be a difficult process complicated by family dynamics, a sense of obligation, or simply the people you have to choose from within your family or friendship circles.  During an estate planning appointment, I work with clients to not just choose who will act as their executor but to consider who the right person will be to take on the job. The

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What Happens To my will if my Estate Lawyer dies?

When it comes to frequently given answers to frequently asked questions I get to roll out a response to “Fiona, what happens to my will if my estate lawyer (ie you!) die this year…” to at least half of my clients. I spend a lot of time talking to people about what life would look like if they died in the coming year. It’s only fair the same scrutiny gets pointed in my direction. Here’s

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Questions About Changes To South Australian Succession Act

Since I put together my first article I’ve received a lot of questions about changes to the South Australian Succession Act due to come into effect from 1st January 2025. As each question rolls in I’m finding my answers becoming more and more like a politician’s response “On the face of it the new law says…. but I need to know more about your personal situation…. I suspect the answer is…. but honestly, nobody really

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Free wills can cost more than you think.

The concept of a “free” will can sound very appealing but choosing the cost free option might end up being more expensive than you think. Free wills are often offered by charities and online platforms as a marketing incentive or way to encourage donations or new clients but often come with hidden obligations, hidden costs, inadequate legal protection and high risk for potential errors that could invalidate your will or end up costing much more

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10 Things To Do Before You Die

As a young adult, I once opened a fortune cookie telling me “There will never be enough time to finish everything on the list”. I took it as a dare to prove Confucious wrong and set about making lists entitled “Things To Do Before You Die” with a well held belief and dogged determination that I would tick. Every. Last. Thing. Off. That. List. At first these lists were filled with grand, adventurous plans; hang

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Nominating A Friend As Your Executor

When it comes to nominating a friend as an executor most people have a whole raft of thoughts, feelings, and considerations the people who nominate a family memeber don’t seem to have. The biggest one is how to nominate a friend as an executor or substitute decision maker without being a burden. Like “Don’t be a burden.” is a very important clause in the rules of friendship – but not so much when it comes

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Expectations of Estate Administration Vs Reality

When I talk to people about their expectations around estate administration I take the time to explain that managing a deceased estate is an honour, but it also has the potential to be hard (not always but sometimes). Like having a baby or getting married or deciding to retire and spend all day with your beloved – nobody wants to tell you it might be difficult beforehand or you wouldn’t sign up for it. Managing

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Leaving A Death Letter Isn’t Brave

Using your will to name, shame or punish people who haven’t lived up to your expectations during your lifetime is cruel, heartless, and more often than not punishes the people you’re trying to reward as much as those you’re trying to write out. Even if you write a letter explaining why. There aren’t many people who manage to slide through life without receiving at least one Dear John letter (if your name is actually John

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Understand The Roles In Your Will

It probably all made sense during your estate plan – until you get home and someone asks you about their role in your will. We’ve put together this handy glossary of estate planning roles and responsibilities so you fully understand who’s doing what if you die or become incapacitated.  When it comes to your death team its important to understand which job is going to go to which person, so you can be sure you’ve

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