Byline: Rachael Grabovic

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Signing your Will over the internet is here to stay

21 October 2021

During the COVID lockdown last year, the Victorian Government passed emergency legislation to deal with the execution of many legal documents, including Wills and Powers of Attorney. The legislation legalised the electronic signing and witnessing of such documents.

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To gift or not to gift

10 September 2021

The case of Kennedy v Proctor [2021 VSC 521] concerns a dispute as to whether a horse known as ‘Ishker’ was loaned or gifted by Ms Kennedy to Ms Proctor. It was a decision appealed from the Magistrates’ Court to the Court of Appeal.

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How to determine someone’s decision making capacity

20 April 2021

If one of your loved ones appears to have reduced mental clarity and is planning to make significant decisions regarding changes to their Will, or is considering signing legal documents such as Enduring Powers of Attorney, how should you proceed?

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Family Trust Election – What is it and do I need one?

24 March 2021

If your family trust receives franked dividends or has tax losses, the trustee should consider the option of making a family trust election (FTE) in order to access certain tax concessions.

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Promises made during your lifetime may bind your estate long after you die

11 March 2021

Victoria’s family provision legislation was substantially amended by the introduction of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014.

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Will challenges – how much could they get?

11 February 2021

In Australia, we have what is known as ‘freedom of testation’. That is, a person is free to leave their assets to whomever they wish when they die.

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Wareham v Marsella – Trustees Duties and their implication for Self Managed Super Funds

05 February 2021

Court of Appeal Superannuation Case

Managing your own self-managed superannuation fund (SMSF) brings with it estate planning issues. In addition to contemplating who will be entitled to receive your superannuation death benefit on your death, you must also consider who will take control of your fund if you were to lose capacity or die.

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A New Year’s Resolution you should keep – “New Will”

14 January 2021

As we reflect on 2020, it highlights how unexpected life can be and how so much can be out of our control. Last year, due to bushfires in the early part of the year and COVID-19 we saw unprecedented financial, economic, and human loss across not only Australia but the world.

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Succession Planning

Business succession planning – now is the time to take control

18 December 2020

As we reflect on 2020, we will no doubt remember how unexpected life can be and how much is out of our control. However, there is one aspect of our lives we can control, and that is our estate planning. As we start 2021 with anticipation and possibly some trepidation, there is no better time than now to take control of your succession plan.

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Will, probate. superannuation

Wills and Estates 101 – Where Wills are in Doubt – Your Rights to Challenge

09 July 2020

In the fourth of our Wills and Estates 101 series, we speak with Rigby Cooke Lawyers Wills and Estates Special Counsel, Christian Teese, to answer questions around your rights to challenge the validity of a Will.

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Will, probate. superannuation

Wills and Estates 101 – Superannuation death benefits

03 June 2020

In the third of our Wills and Estates 101 series we speak with Rigby Cooke Lawyers Wills, Trusts and Estates practice lead, Rachael Grabovic, to answer questions around Superannuation death benefits.

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Will, probate. superannuation

Wills and Estates 101 – What is Probate and do I need it?

25 May 2020

In the second of our Wills and Estates 101 series we speak with Marcus Schivo, a lawyer in our Wills, Trusts and Estates team, to answer common questions around Probate and what you need to do.

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Will, probate. superannuation

Wills and Estates 101 – The importance of a valid Will

19 May 2020

In the first of our introductory series which looks into the world of Wills, Trusts and Estates, we speak to Rosa Bazzanella a Senior Associate at Rigby Cooke Lawyers about some of the questions she frequently encounters in her work.

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Video Witnessing, Covid-19, wills & estates

Video Witnessing in 2020 – Wills and Enduring Powers of Attorney

13 May 2020

Recently we discussed how the COVID-19 pandemic has brought to the forefront the importance of having a Will and Powers of Attorney in place. It has also highlighted the challenges of arranging and executing these documents whilst in lockdown.

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Wareham v Marsella, Self Managed Super Funds

Wareham v Marsella – Trustees Duties and their implication for Self Managed Super Funds

24 April 2020

Court of Appeal Superannuation Case

Managing your own self-managed superannuation fund (SMSF) brings with it estate planning issues. In addition to contemplating who will be entitled to receive your superannuation death benefit on your death you must also consider who will take control of your fund if you were to lose capacity or die.

read more