Death Chats

Death Law Vs Divorce Law

Marriage is a tricky subject to navigate but none more so than when the conversation turns to the differences between death law and divorce law. In the course of a day, I can meet couples whose feelings about marriage can span everything from ‘we’ve been married for 5 months and already regret it’ through to ‘we’ve been married for 60 years and love each other more than ever’. No matter how you feel about your […]

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Accessing Voluntary Assisted Dying

As an estate lawyer, increasingly, people are asking about Voluntary Assisted Dying (VAD). More specifically if they can include Voluntary Assisted Dying in their Advance Care Directive. Voluntary Assisted Dying is a deeply personal choice. For some, it offers peace of mind. For others, it may not align with their beliefs. There is no right or wrong answer — only what is right for you. …. South Australia’s Voluntary Assisted Dying Act 2021 came into

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Any Will Can Be Challenged

Someone once asked me which (of the many) common misconceptions about wills frustrates me the most. Tough question! On consideration, I’ve got to say the often spouted “Any will can be challenged” that fills the comments section of any kind of social media or online article about the importance of making a will probably takes top billing. The fact that any will can be challenged is not a misconception. It’s true. Whether you’ve handwritten a

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Your Step-Children After Your Spouse Dies

This week I was reminded of a radio interview I did many years ago (if you dig around enough you can find it on my website!) where I was asked the question “How do I deal with my adult step-children now my spouse has died? Our 28 year relationship has completely changed. Where they once liked (maybe even loved) me, they now think I’m a greedy, gold-digging imposter.” After more than 20 years as a

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Love Is Estate Planning

Roses are red, violets are blue, estate planning is the ultimate way of saying “I love you” (now and forever). Ok, so writing a will might not seem as romantic as a candlelit dinner, or a sentimental greeting card but if you really want to show your love in a meaningful way gathering up all your fears and trepidation and sitting down to do your estate plan is the ultimate gift for couples. A will

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Why Your Estate Plan Needs A Checkup When The Economy Shifts

Let’s face it—the economy is a moving beast. One minute the stock market is soaring, the next it’s doing a swan dive. Inflation sneaks up on us like an unexpected houseguest and before we know it a dinner at the pub that used to cost $35 is now a cool $50 but in the same breath we’re complaining about the cost of bread and fuel many people are flabbergasted to find their house once worth

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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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