be prepared

Who Will Own Your Death?

Most of us spend our lives trying to own things: our homes, our cars, our businesses, even our truth. The reality is, the final act of ownership, the one that really matters, is often the one we leave to someone else to figure out. You might think you’re avoiding a difficult conversation or saving yourself the paperwork, but what you’re really doing is inviting a whole cast of other people to step in and take […]

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When A Loved One Refuses To Write A Will

So you’ve made the decision to become Strong Willed: taken the time to do an estate plan, written a will that gets regularly reviewed and updated, and you’ve been brave enough to get professional advice so you understand what life will look like if you were to die this year. You want to look after the people you love if you’re no longer around. But what about the people who love you?  What if they haven’t

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Swedish Death Cleaning: The Gift That Keeps On Giving

In her popular book The Gentle Art of Swedish Death Cleaning, Margareta Magnusson says something that resonates with me so deeply Do not ever imagine that anyone will wish – or be able to – take time off to take care of what you didn’t take care of yourself. I meet hundreds of people every year. Some of them are future dead people, and some of them are the families of recently dead people. They all

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Is A Will Worth The Paper It’s Written On

If I had a dollar for every time I’ve heard A will isn’t worth the paper it’s written on, in the comments section of social media, under an article, or on the few occassions I’m forced against my will to listen to talkback radio, well let’s just say I’d probably be hanging out somewhere else (or would I?!). When people start talking about the value of paper in the same sentence as testamentary wishes, what

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Understanding Superannuation Binding Death Benefit Nominations

For many people, superannuation forms a significant part of their estate. Depending on age, contributions and investment returns, your superannuation may be a considerable amount. Unless you’re nearing retirement, chances are high your super is simply ticking away in the background while you’re busy living life. Beyond adding a couple of beneficiaries to the form, you probably haven’t given much thought to what would happen to that money if you were to die. Here’s what

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Selling A Deceased Estate

As the executor or administrator of a deceased estate, it is your responsibility to prepare and sell any properties owned by the will-maker. For many executors, this may be the first and only time they handle such a responsibility. Unlike selling any other property, selling a deceased estate is a process wrapped up in additional legal complexity and deep emotion. As an estate lawyer, I remind my clients that the real estate agent they choose

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I’m The Beneficiary Of A Deceased Estate – What Do I Need To Know?

Finding out you’re the beneficiary of someone’s will can stir up a whirlwind of emotions: grief, gratitude, confusion, even concern. Whether you’ve been waiting for your inheritance to drop or have been taken entirely by surprise by an unexpected gift, being a beneficiary of a deceased estate comes with some rights, a few responsibilities, and plenty of questions. What’s the difference between a beneficiary and an executor? Beneficiaries are people or organisations named in a

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Five Things That Trigger An Estate Dispute

No one likes to imagine their family ending up in court after they die. And yet it happens all the time. Grief, money, family history, and high emotions are an explosive combination at the best of times, even amongst families that weren’t already pitching for an argument. As an experienced estate lawyer, I’ve seen the most functional, harmonious families turn to the law to sort out a disagreement that more often than not has been

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How To Make Sure Your Funeral Wishes Are Carried Out

When it comes to estate planning, people often focus on the money. Who gets what. How to avoid tax. But the part that catches many families off guard – and causes more tension than you might think – is what to do with the body after death. When it comes to funeral planning, people generally sit in one of two camps: Those who flippantly say, “Do whatever you want, I’ll be dead.” (which is usually

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Estate Disputes Are About More Than Money

You’d be forgiven for thinking estate disputes are something that only happens in families with strained relationships and modest assets. After all, the wealthy can surely afford all the legal advice in the world and have more than enough to spread around. You’d be forgiven but you’d be wrong. If recent headlines are anything to go by, it’s people with significant assets who are most often caught out by bad estate planning, or worse, no

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