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Attorneys & Super – can they make a valid Binding Death Benefit Nomination? - Sep 2018

Justice Bowskill in Re Narumon Pty Ltd [2018] QSC 185 has provided a very useful judgment regarding whether an attorney can enter into a Binding Death Benefit Nomination (BDBN) on behalf of the principal who provided the power.  

The attorneys of Mr Giles (his wife and sister) signed a document entitled “extension of Binding Death Benefit Nomination” in 2016, in which the nomination made by Mr Giles in June 2013 was confirmed and extended for a further three-year period.

Supreme Court of South Australia fires a warning shot to executors - Aug 2018

The recent Full Court decision in Brooks & Anor v Young & Ors [2018] SASCFC 81 provides an insight into the court’s view upon executor’s duties in respect to estate distributions generally, but especially when confronted with claims under IFP legislation.

Super Trustee decision draws on social media - Jul 2018

The impact that social media and other commentary has on this process. Consultant Neil Page discusses. 

Superannuation - Interdependency and Spouses - Jun 2018

Author: Neil Page, Consultant. 

No second bite at cherry for former spouse - Lodin v Lodin overturned on appeal - Nov 2017

Lodin v Lodin [2017] NSWCA 327

We previously reported on a family provision claim by a former spouse, who had a property settlement with the deceased more than 20 years earlier, which resulted in an award of $750,000.00 to her in the NSW Supreme Court on 25 January 2017.

Trust deeds in the new SMSF world – Benefit payments and estate planning - Nov 2017

Your superannuation trust deed along with the superannuation laws form the governing rules that self managed super funds (SMSFs) needs to operate by. The introduction of the $1.6 million transfer balance cap (TBC) and new transition to retirement income stream (TRIS) rules are a ‘game changer’ for SMSFs when discussing benefit payments and estate planning. With the new super rules in effect as of 1 July 2017, now is the right time to review if your trust deed needs to be enhanced or amended to deal with the new approaches and strategies you may need to implement.

Protection to finalise administration of estate - Nov 2017

Barr & Anor v Rockman & Anor [2017] VSC 581 

The Victorian Supreme Court recently considered an application by the executors of an estate and the trustees of a trust to be at liberty to distribute the assets of the estate and trust without concern for any potential liability which may arise after distribution.

Are life insurance policies protected from a deceased person’s post-death tax liabilities? - Nov 2017

In the recent case of Application by Clauson [2017] NSWSC 1265, judicial advice was sought relating to whether the proceeds of certain insurance policies were liable to be applied in payment of debts of the deceased.

Superannuation death benefits – Review succession plans - Nov 2017

The changes to superannuation announced in the 2016 Federal Budget have been passed by Parliament with the majority of reforms taking effect on 1 July 2017. One significant change relates to the introduction of the transfer balance cap (TBC) and the limit this imposes on the amount of capital that an individual can use to support a pension in retirement phase.

Basic “rules of thumb” when assessing mental capacity - Sep 2017

When solicitors are approached by people wishing to make a new will or amend an existing will, one of the principal considerations is whether or not a person actually has the legal and mental capacity to fully understand their intentions and actions. In this article we consider the basic “rules of thumb” when assessing mental capacity.

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