May 2021

We have just acted in a tragic matter which raised two issues.  The first as to the need to make a Will regardless of how old you are.  The second as to the need to ensure that the Will has been properly prepared.  As to the first, our client's daughter was an athlete who had received many awards locally and internationally.  It was a devastating blow to the family when at the age of 33, she died in her sleep.  No one could have predicted that event.  Unfortunately, probably due to youthful exuberance and a feeling of invincibility, no proper Will had been prepared.  One therefore led to the inevitable conclusion, that despite one's youth, it is essential to have a Will prepared along with the associated documents such as an Enduring Power of Attorney and an Advance Care Directive.  The second issue which arose was in relation to the informal Will.  That had a date on it. It contained two paragraphs. In the first, in very simple terms it indicated that 70% of the Estate was to go to the will maker's mother and 30% to her father.  In the second paragraph, it indicated that should the mother predecease the will...

“Before borrowing or lending money to or from a friend, decide which you need most – the money or the friend” Disclaimer/use of this information This information is general in nature and does not constitute legal advice.  You must not rely on it.  Legal advice based on your specific circumstances should be sought by you. Understandably, many people wish to assist family members or friends with loans from time to time. (“friendship loan”) A friendship loan carries with it significant risk. Our apologies for what may appear to be a negative tone in this information piece. The issues and concerns raised are often seen by lawyers in loan arrangements between family and friends. Too many of these arrangements turn bad. Too many relationships are significantly impacted on or end as a result of someone trying to help a close friend or family member with a loan. They are the sort of arrangements that must be very carefully considered by all involved and independent legal, taxation, accounting, financial planning and Centrelink advice obtained well before agreeing to proceed. Some considerations may include: - Often, the need for the loan is due to the fact that a bank or independent lender will not make the loan. The friend in...

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