Navigating the effects of incapacity in Business and Trusts
Incapacity can have significant implications for the management and continuity of trusts and businesses. Incapacity can create complex challenges that require careful planning and legal foresight. This article explores how trusts and businesses, including sole traders and companies, are affected when a key person becomes incapacitated and provides strategies to ensure smooth transitions and continued […]
Gifts vs Loans: a thoughtful approach to protect your family’s financial future
As interest rates and the cost of living continue to rise, it’s becoming increasingly common for parents to step in to provide financial assistance to their children. Before you decide to help out, there are several key questions for you to ponder: ‘Gifting’ money: documentation and risks involved Gifting money carries no expectation of repayment. […]
The Common Disputes in Deceased Estates
Estate probate and administration can be a complex and contentious process, often giving rise to a variety of disputes. These disputes can occur both before and during the administration of an estate and may involve challenges to the Will, claims against the estate, and new or existing claims against the deceased person for matters arising […]
Nominating a substituted or additional purchaser when purchasing real estate? Beware “Double Duty”
When a purchaser named in a contract wants to nominate an additional purchaser or a full substitute to complete a property purchase in Victoria, most people assume it’s a simple paperwork exercise: sign a Nomination Form, hand over the contract, done. In many cases that’s true. However, under the Duties Act 2000 (Vic), a nomination […]