The Wills and Estates Transmission

Danielle continues the discussion on the importance of andthe legally binding effect of Advanced Health Directives (AHDs), their role in guiding healthcare decisions, family disputes and the conditions under which they take effect. An AHD must be witnessed by a justice of the peace orsimilar to be valid. It can include refusals of life-sustaining treatments underspecific conditions, such as terminal illness or persistent vegetative state. The AHD should be stored securely and shared with trustedindividuals and healthcare providers. Legal advice is recommended for those unsure about theirdirectives. Disputes among family members can arise, but the AHD'sdecisions must be followed unless contrary to good medical practice.

Danielle from de Groots Wills and Estates Lawyers explains the importance of Advance Health Directives (AHDs) in Australia, which allow individuals to specify their future healthcare wishes and appoint attorneys. There are two types: common law and statutory directives,with legal recognition varying by state. In Queensland for example, only statutory directives arelegally binding. AHDs differ from Enduring Powers of Attorney, which coverfinancial matters. They also specify consent or refusal of treatments,including DNR orders and organ donation. If no AHD is in place, healthcare decisions are made by astatutory health attorney, prioritising the spouse, carer, or close friend.Danielle defines an AHD as a document that allowsindividuals to express their future healthcare wishes and appoint attorneys to make decisions on their behalf.Join us on part 2 where we continue this important discussion.

Danni and Jessica emphasises the critical importance of properly documenting financial arrangements, such as gifts and loans, especially within family dynamics. They discuss the potential legal implications of failing to document these arrangements, including the risk of disputes and costly litigation. Jessica and Danni advocate for engaging specialist estate planners to ensure that these arrangements align with overall estate plans and to mitigate risks associated with undue influence and capacity issues. Highlighting the need for independent legal advice and the importance of clear communication among family members regarding financial intentions. Chapters 00:00Understanding the Importance of Documentation 06:13Engaging a Specialist Estate Planner 11:43Consequences of Poorly Documented Arrangements

In this episode of the Wills and Estates Transmission Podcast, Tony Skinner and Max Williams discuss the intricacies of estate administration following the grant of probate or letters of administration. They cover essential topics such as the responsibilities of executors, the process of advertising for claims, the payment of executors, property ownership issues, navigating financial institutions, the superannuation claims process, the continuation of legal actions after death, and considerations for leaving assets to not-for-profit organisations. The conversation emphasises the importance of seeking legal advice to avoid personal liability and ensure proper administration of the estate. Understanding the Grant of Probate 03:59Executor Responsibilities and Payment 08:05Property Ownership and Inheritance 11:54Navigating Financial Institutions 12:52Superannuation Claims Process 16:44Legal Actions Post-Death 18:55Considerations for Not-for-Profit Bequests 20:44The Importance of Legal Advice for Executors

In this podcast episode, John De Groot and Rachael Ryan discuss the importance of enduring powers of attorney in estate planning. They highlight the need to appoint trusted individuals who can make decisions on behalf of the person who has lost capacity. Specific areas that require careful consideration include the care of pets, home care, financial support for family members, and lifestyle preferences. The attorneys should be given clear instructions and authority to ensure that the person's wishes are carried out. The podcast emphasises the importance of customising enduring powers of attorney to align with the individual's unique circumstances and preferences. Chapters 00:00 The Importance of Enduring Powers of Attorney 03:21 Care of Pets and Home Care 06:33 Financial Support for Family Members 08:01 Lifestyle Preferences and Customisation

The conversation discusses the importance of having a will and the consequences of not having one. It emphasises that a will is not a set and forget document and needs to be updated to reflect life changes. The conversation also highlights the importance of appointing guardians for minor children and the need to consider their changing needs and circumstances. It mentions cases where wills were not properly updated or were disputed, leading to legal complications. The conversation concludes by stressing the value of consulting an estate planning lawyer for comprehensive and legally binding estate planning. Chapters 00:00 Introduction and Importance of Updating Your Will 01:37Appointing Guardians for Minor Children 07:58The Value of Consulting an Estate Planning Lawyer

The conversation covers two main themes: leaving specific gifts in an estate and leaving charitable requests in a will. When leaving specific gifts, it is recommended to leave a percentage of the residue rather than a fixed sum of money, as the value of the estate may fluctuate. Leaving a residuary gift in percentages ensures that the value of the gift adjusts accordingly. The conversation also highlights the importance of correctly identifying charities in the will, as different arms of a charity may have different taxation statuses. It is crucial to reach out to the charity to ensure the correct identification and to discuss any specific gifts that may require special arrangements. 00:00 Leaving Specific Gifts in an Estate 04:02 Identifying Charities in a Will 08:38 Crafting an Estate Plan

In this episode, Emma Nisbet discusses the different types of bequests in estate planning, specifically pecuniary legacies and residuary gifts. She explains that pecuniary legacies involve giving a specific gift of money, while residuary gifts are what is left over after all other gifts have been made. Emma also highlights the importance of considering tax implications in estate planning and the complexities of dealing with digital assets, such as cryptocurrencies. 00:00 Introduction 00:18 Difference between Pecuniary Legacies and Residuary Gift 01:27 Making Allowance for Pecuniary Legacies and Specific Gifts 03:24 Distributing Estate via Percentage 04:28 Tax Implications in Estate Planning 06:35 Considerations for Cryptocurrencies 08:33 Complexities of Digital Assets 09:40 Conclusion

Max Williams highlights the importance of trust when selecting a power of attorney, citing Britney Spears' conservatorship as an example.   Appointing attorneys for decision-making in case of incapacity. 1:14   Appointing attorneys for financial decisions in estate planning. 2:52   Max advises against appointing a solicitor as power of attorney due to cost concerns.   Power of attorney, wills, and resolving disputes. 4:57   Power of attorney and tribunal intervention. 6:36   Power of attorney abuse can lead to disputes, and concerned parties can seek legal advice and tribunal intervention.

Episode 12: Power Of Attorney Summary   Power of attorney and its benefits. 0:00   Power of attorney appoints someone to make decisions on your behalf, varying by state.   Types of power of attorney for decision-making. 1:49   Power of attorney types: general (for specific time) and enduring (for incapacity)   Power of attorney types and requirements in NSW. 3:34   Max explains the differences in power of attorney laws across states in Australia.   Selecting a trustworthy and capable power of attorney. 5:23   Tony Skinner asks Max about the qualities to consider when appointing an attorney, including character, competency, and capacity.   Max highlights the importance of finding someone you trust, who has the necessary skills and knowledge, and who is physically able to fulfill the role.   Powers of attorney and their importance. 8:03   Max emphasizes the importance of having a power of attorney in place to avoid headaches for next of kin if someone loses capacity.   Max will cover Power of Attorney disputes in the next episode, as they are inevitable in law.

So we touched on an aspect in the last episode about capacity. So let's look at that and see what qualifies as capacity. And even some illnesses that we think affects people's capacity and actually doesn't.

Questions asked include: The proverbial will made on a napkin is there actually any way of making that valid? What about electronic signatures? How does that work? In the next episode we're going to be talking more about capacity in relation to wills and estates.

Topics discussed in this episode include How do the matters work within the court? So, what are the chances of winning? How much does it cost to contest a will?

Topics include: Are there time limits for contesting a will? Would it be worth taking the time pursuing to your Auntie Jones cookbook in an estate because of the costs involved?

Today we're talking primarily about contesting a will. And all the different aspects of that. Topics include What actually is contesting a will? A further deep dive into who are eligible people to contest. What would be a definition of a close personal relationship?

Topics include: Somebody has passed away and there are disputes and fights, What are the options for resolving that? Thanks to Hollywood we hear about fights over personal effects. So how is that covered in the will? And how can you possibly limit that in a will? But if you bought a boat, as an example, and then you haven't put it in the will can that make things even more complicated?

Topics covered include: What is a grant of representation What is the role of the executor? What is Letters of administration? Are executors paid?

Hi, I'm Kate Donnan an associate at De Groots. In this episode, we'll be talking about all things estate administration. Topics we will cover include: How to avoid disputes with a well-written will. When you tell people I want to be buried or cremated or whichever your wishes may be, that's not enough.

Can you appoint a beneficiary as the executor of a will? 3:00 Max when it comes to superannuation, there's all sorts of confusion out there, especially around even if you've got a beneficiary, the superannuation fund itself can actually decide to give it to somebody else. 5.32  How does a trust work? 7:28 It's definitely important that a trust is distributed, how you want it to be, but does a trust actually form part of your estate? 10.21

Topics covered include; What does an estate planning lawyer actually do? What's the difference between a will and estate planning? 3:34 When do I need a will? 5:44 Can you really do your own will? 8:46 How often should you update a will? 10:37 Can I leave my estate to my cat? 14:37

John and Margot explain the company's history and how they have progressed since 1986.