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Choosing a Business Structure
There are 4 main types of business structures for doing business in Australia, each with their own advantages and disadvantages. In simple terms, a business can be operated by a sole trader, through partnership, by a trust or a company. The business structure is an...
Will Contests and Estate Disputes – an Overview
In Australia, there are legal avenues available to individuals who wish to contest a will or challenge the distribution of an estate. Although regrettable, such disputes are often unavoidable and sometimes essential to ensure fair outcomes. Understanding these legal...
Top 7 Questions about Family Provision Claims in WA
After someone dies, it is natural to wonder what will happen to that person’s property. It is also common for family members to feel that they have unfairly missed out on an inheritance or will receive less than they anticipated. If you believe you have not been left...
Common misconceptions about estate planning
An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article we look...
The risks of being an executor in Western Australia
An Executor is a person named in a Will to carry out the final wishes of a deceased person. Executors organise to collect the assets of the deceased, pay their debts and distribute the property as set out in their Will. If you are named as an Executor of a Will, you...
What a Will Kit doesn’t do
There are various ‘Will Kits’ available online. Many are cheap or ‘free’. It is claimed all you need to do is ‘fill in the blanks’. Many websites boast you can prepare your own Will yourself ‘without spending hundreds of dollars on legal fees’. Simple, right? Not...
Farm succession planning
The diversity of a family farming enterprise amidst the dynamics of the family unit can raise challenging and complex issues. The topic of succession planning is often highly emotive. The respective contributions from individuals to the farming enterprise are likely...
Business Partners need a Partnership Agreement!
Legal definition of a partnership A partnership is a relationship between people or entities carrying on a business, with a common view of making a profit. There are three different types of partnerships; Normal partnership; Limited partnership; Incorporated limited...
Accessing digital assets – estate planning essentials
The untimely death of Gerald Cotton, former Chief Executive Officer of Canadian cryptocurrency exchange company, Quadriga CX, emphasises the importance of planning your electronic after-life. Mr Cotton’s death in India, not only raised suspicion as to its authenticity...
Charities and Estate Planning
The Australian Charities and Not-for-Profits Commission (ACNC) Charity Register reports there are over 60,000 charities registered with the ACNC in Australia. It also reports that the growth of the register increases at a rate faster than population growth and faster...