wills lawyer mount barker

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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Changes To The South Australian Succession Act

Major changes to the South Australian Succession Act will come into effect on 1st January 2025 with reforms designed to simplify estate matters, reflect modern family dynamics and bring South Australia in line with other states such as New South Wales, Victoria, and Queensland. Now is the time to review your existing estate plan, or complete your estate planning, as the legislative changes will impact willmakers, those who benefit through a will, and those who

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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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Why You Should Get Your Own Lawyer For A Deceased Estate

There aren’t many things that get me fired up quite as much as hearing someone tell me they felt pressured to use a dead person’s lawyer to administer an estate – despite the fact that they really wanted to use someone of their own choosing. It’s a misconception almost as common as ‘lightening never strikes twice’, or ‘bats are blind’ or ‘humans only use 10% of their brain (granted for some humans that may in

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Why a Personal Asset Plan is an Awesome Gift to Give Your Family

Creating a personal asset plan is a great way of helping your family understand what “stuff” you’ve got but it’s the gift that keeps on giving, if you use it as an excuse to do some Spring cleaning at the same time. I recently attended the home of an elderly gentleman, who like me, was a card-carrying member of the Minimalist Movement. We bonded over our mutual love of the actual Minimalist aesthetic – Scandinavian

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