An issue that often arises is the exact extent of the powers an attorney may exercise on behalf of a donor. One of the leading cases in this...

Under the capital gains tax small business concessions, what amounts to ‘control’ of a discretionary trust is an important issue.  In this r...

While strictly a case that was focused on a tax issue (and the ability to access trading losses), the decision in the AAT case Executor for...

In one of the LinkedIn discussion groups I am a member of, the issue was raised recently about what documents are required when someone...

Where a member of an SMSF dies, leaving (for example) their spouse as the sole member and a reversionary pensioner, issues can arise...

Two possible solutions. Following the recent post about conflict of interest provisions under an enduring power of attorney ( EPA ) a q...

With the aging population, conflicts of interest arising particularly in relation to the use of an enduring power of attorney ( EPA ) a...

Image Credit:  Robin Hutton   cc We regularly review signed estate planning documentation that has been returned to us for se...

Photo Credit:  Robin Hutton   cc Today’s post follows on from the recent post concerning signing of an enduring power of attorney ( EP...

Photo Credit: Robin Hutton   cc Today’s post considers when an attorney may accept their position under an enduring power of attorney ...

Image credit:  Stefano Corso In a recent post, the impact of separation following a relationship breakdown on estate planning arrangemen...

With thanks to co View Legal director Tara Lucke, this week’s post looks at the widely publicised High Court judgment of Stanford v Stanford...

As mentioned in last week’s post, each state offers the ability to prepare an Advanced Health Directive (AHD). Set out below are the link...

In last week’s post, an overview of Advanced Health Directives ( AHDs ) was provided. As mentioned in that post, there are a number of sig...

One issue that comes up relatively regularly in estate planning exercises relates to Advanced Health Directives ( AHD ). In most jurisdict...

Last week I had an example of a client situation which in some respects was similar to the post a few weeks ago where a sole director died w...

Following last week’s post, I had a number of people raise concerns about the witnessing requirements for powers of attorney. Unfortunatel...

With increasing regularity, we are seeing issues arise in relation to the authority for people to act under powers of attorney. Like many la...

The issues in relation to attorney appointment over the last couple of weeks have generated a number of questions and comments. One common t...

A number of people contacted me following last week's post with questions in relation to the consequences of an accountant or financial ...