Stories

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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Danette O’Brien: The Good That Came Out Of My Dad’s Death

At the time of her dad’s death Danette O’Brien was working as an Executive Assistant, supporting a CEO and Board and she’d done this type of work for 40 years. Never for a moment did she think planning a funeral that truly honoured her fun, cheeky but sometimes ‘challenging’ dad would be the catalyst to a career change. A couple of weeks after her dad’s funeral, Danette had the sudden realisation that she felt called

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Information For A Death Certificate

When completing the paperwork for a death certificate an innocent mistake, oversight, or incorrect information can have bigger consequences than you may think. When someone dies in South Australia, the funeral director will normally register their death with Births, Deaths and Marriages on behalf of the person’s family or friends. Deaths need to be registered within seven days of burial or cremation. Applications can take up to eight weeks to be processed. As a lawyer

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Writing a Great Eulogy

Writing a great eulogy or memorial speech can feel overwhelming and full of pressure. But before you launch into a CV that covers birth to death and everything in between we got together with a professional writer to share a few tips on writing a big hearted, memorable speech or eulogy. “Stories are the most powerful way to share values, connections and the personality of your person…” There’s nothing quite like the feeling of leaving

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How To Avoid Estate Disputes

As Your Estate Lawyer I’m passionate about helping you avoid estate disputes, avoid avoidable problems, solve unavoidable problems and ultimately help your family stay friends after you die, by playing the game “What will life REALLY look like after you die – for you WHOLE family.” Sometimes that means having hard conversations with you about who you want to reward and who you’re trying to punish in your will. And sometimes it means helping you

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