In New South Wales (NSW) the distribution of your superannuation upon your death is governed by the Superannuation Industry (Supervision) Act 1993 and the rules of your superannuation fund. Meaning that your superannuation benefits and insurance do not automatically form a part of the estate. It is often to the ‘estates’ advantage to keep superannuation […]
What happens if the Executor of a Will has deceased in NSW?
An executor is a person named in a will that is responsible for administering the deceased estate. The executor’s role is always to administer the estate in the best interests of the beneficiaries. In circumstances where the executor has deceased, unable or not willing to act, there are multiple avenues for the estate dependant on […]
What is a Binding Financial Agreement?
A Financial Agreement is an effective tool for couples in managing their estate planning. Financial Agreements allow couples to pre-determine what they quantify as a fair distribution of their finances and assets, in the event of a relationship breakdown, death of one party, or mental illness. What is a Financial Agreement? As mentioned above, a […]
Deceased Estates – What Happens When Executors Don’t Agree
When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and these individuals normally need to work cooperatively to execute the duties of […]
FAQ on Estate Planning
While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list in reality, this is something that should be on all our “must do” lists. Proactively planning for how you would like your assets distributed […]
Dying intestate – the perils of not making a Will
A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give direction for specific funeral and burial arrangements. Without a Will, the finalisation […]