Category: Blogs

  • Borrowing by Self-Managed Superannuation Fund [SMSF]

    Under section 67 of the Superannuation Industry (Supervision) Act [SIS Act] there is a general prohibition on SMSF borrowing to fund its investments. However, there are exceptions under Section 67A and 67B of the SIS Act subject to the following conditions being meet; The setting up of a bare or custodian trust. The trustee of…

  • Kurnell Storms

    As we are all aware, at the end of 2015 our fellow local residents at Kurnell experienced what could only be described as a terrifying ordeal in which their lives were torn apart and from which they are still recovering. We offer our deepest sympathy to all the victims and their extended families affected by…

  • Wills for the Intellectually Disabled

    To make a valid will a person must have adequate mental capacity to carry out that act. We lawyers call it testamentary capacity. This requires a person to understand: what a will is and what it can do; what their assets are; who it is appropriate to consider as a beneficiary; and to properly consider…

  • Who is Handling the Estate?

    You have just heard that Joe has died.  Joe may be a long lost relative who may have left you a gift in his will.  Joe may owe you money for work you did for him.  So, how do I find out what is in his will?  Who should I talk to about the monies…

  • That Will is Not Right

    People make mistakes and sometimes that extends to mistakes being made in a will. Usually the mistake is only found after the will maker has died. If this happens – what can be done about it? Section 27 of the Succession Act, 2006 may hold the answer. It states:- 27 Court may rectify a will…

  • Superannuation Claims and Dispute

    After the family home, superannuation is often the greatest source of a person’s wealth. It surprises many that superannuation is not an asset that normally passes to family members under the terms of a will. Superannuation is dealt with under the terms of the Trust Deed (legal document) that sets up the superannuation fund and…

  • Being an Executor

    What is an executor? If you have been named as an executor in someone’s will, it means the deceased wanted you to arrange his/her funeral and to administer his or her estate. Administering the estate will involve identifying, collecting and protecting the assets of the deceased, paying all debts and taxes and distributing the estate…

  • When to Do Your Final Inspection

    The Contract for Sale provides for the purchaser to carry out a final inspection of the property before settlement. It is crucial that you carry out this inspection as close to settlement as possible and preferably on the day of settlement. Why? Imagine this scenario The very excited purchasers organised with the agent to carry…