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Wills and Estate Planning

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Garland Waddington E-news

August 2021


Superannuation Death Benefit Claims

An executor of a will, or an administrator of an intestate estate (where a person dies without leaving a valid will), has a duty to act in the best interests of the beneficiaries of the estate.

That is a principle that we all take comfort in.

However, a conflict arises if the person you would like to receive your superannuation death benefits directly (for example, your spouse or child) is also administering your estate.

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Ensure the Will is up to date before a loved one loses capacity

The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make reasonable decisions comes into question. This may be due simply to age, deteriorating health or a combination of both.

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Understanding easements in your property contract

Identifying and understanding easements in a property transaction is an important part of the conveyancing process.

Vendors are required to disclose all easements affecting the land they propose to sell in a property contract, and buyers should ensure they are aware of the impact an easement will have on the land they are about the purchase.

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Got a dress code? What if your receptionist gets a neck tattoo?

It’s fair to say that ‘self-expression’ through body art such as tattooing and facial piercings is on the increase. But is it fair that employers can have policies regarding appearance, that ban visible tattoos or facial piercings or that allows discretion not to hire somebody on the basis of their ink and piercing choices?

Generally, yes. Your employees represent your business and it is reasonable to expect that certain standards of appearance should apply, particularly in line with your organisation’s reputation and standing within the community.

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If you need help, or have a question get in touch with us today.