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Wills, Estates & Probate / Health & Aged Care

Advanced Care Planning

You’ve got your toilet paper, sanitiser and household essentials organized, BUT!! Beyond toilet paper, hand sanitiser and household essentials, what else can you do to prepare for life’s unexpected twists? More specifically, if you were isolated, detained, very ill or quarantined for weeks, how would you fare?  Do you have anyone legally authorised to deal with your finances, medical or other needs if you aren’t able to? If you are self-employed, is there someone who...
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Wills, Estates & Probate

To be or not to be an… Executor…

You may not know that you have been appointed as an Executor until many years after the Will has been made and possibly not until the death of the will maker. This is because there is no legal obligation for a will maker to notify an Executor of their appointment. Many Executors only find out when provided with a copy of the will naming them as Executor. What do Executors do? When a person makes...
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Wills, Estates & Probate

You Can’t Gift What You Don’t Own: Wills and Estate Planning for the business-minded

Its contents may not necessarily be beneficial to its maker (the testator), but it is of great importance to those who are named in it. Conversely, a poorly drafted Will – or having no Will at all – can cause uncertainty and even breakdowns of once-close families. In particular, patriarchs and matriarchs who leave uncomplicated Wills to deal with complicated estates are susceptible to challenges by bitter spouses, children or extra-marital companions who feel short-changed....
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Owners Corporation / Owners Corporations & Strata

Unlawful Removal of Owners Corporation Funds by Manager: Wyndham Harbour A2 Pty Ltd v Your Body Corporate Pty Ltd

The full decision can be found here. The Victorian Civil and Administrative Tribunal considered the following issues: 1. Whether the owners corporation lawfully terminated the management contract of Your Body Corporate Pty Ltd (YBC). 2. Whether YBC’s payment of $192,465 from the owners corporation’s funds to itself was: a. unlawful; b. in breach of its statutory duties and contractual duties to act honestly and in good faith with due care and diligence; c. unconscionable conduct...
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