estate lawyer adelaide

Dying Without A Will In South Australia

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 […]

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Unwanted Estate Litigation

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,

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Death and Taxes

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

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Estrangement And The Law

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

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How To Support Someone Who Has Lost Capacity

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

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The New Generation Of Deceased Estate Executors

Being named the executor of a deceased estate can feel like an honour; knowing someone trusted you with the responsibility of closing out their life, slightly smug that you are considered smart enough or organised enough to do the job. For the new generation of deceased estate executors, the kind of person who has a few professional skills up their sleeve and a phone in their pocket, at first glance, the job can seem pretty

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Executor Vs Beneficiary: Who Holds The Cards

When someone dies they leave behind a cast of characters: the lucky beneficiaries, the all-powerful executor, and the inevitable family member who suddenly becomes an expert in estate law (despite never having read a legal document in their life). If you’re lucky you’ll have a script to follow (in the form of a will) and like a good English TV series, the storyline will be predictable,  with just enough twists and turns to keep all

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Should I Write A Will Now Or Wait?

How many times have you asked yourself “Should I write a will now or wait until I’ve [bought a house / got married / had a baby / had another baby / put some cash in the bank / built up my super]?” You get the picture. There’s always a reason to wait. Especially when you’re knee deep in the business of living and bringing new humans into the world. Or your powerful crystal ball

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Why Does Estate Planning Cost So Much?

It’s not unusual for people to reach out looking for a will only to get blindsided with sticker shock. Breathlessly they ask ‘why does estate planning cost so much?’ Maybe you’ve wondered the same thing yourself. Maybe I’ve sent you here to circumvent answering your question. Or maybe you’ve done your estate plan and some bloke down at the pub is up in your grill demanding to know why you were such a sucker for

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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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