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Estates

Enduring Guardianship

What is an Enduring Guardian?

An Enduring Guardian is someone that you appoint to make decisions regarding your personal health or lifestyle if or when, you lose that capacity to do so.

What kind of decisions can they make?

The decisions they can make are called functions. You stipulate, in appointing your guardian, what kind of functions the guardian can carry out.  The usual functions are:

Contesting a Will

The following eligible persons may apply to the Court for a Family Provision Order in respect of the estate of a deceased person:

Beware of Contested Wills

Advertisements are regularly appearing in Rural and National papers inviting family members who are not happy with the Will of a deceased person to investigate whether or not they should challenge the Will.

What Happens if I don’t make a Valid Will?

Where a deceased person has died without leaving a Will or a valid Will, the estate of the deceased person will be distributed as follows:

Testamentary Trusts

What is a testamentary trust?

A testamentary trust is a trust that is created by a Will and only comes into existence on the death of the Will maker.  Similar to other trusts that can be created during your lifetime, testamentary trusts can be fixed or discretionary.

Advantages of using a testamentary trust