Estate Planning Blog
[All the estate planning info you never knew you wanted!]
Common Myths About Powers of Attorney
An Enduring Power of Attorney is a critical document in your estate plan, yet there are many misconceptions about how it works and what it can achieve. From confusion about when an Enduring Power of Attorney (EPA) kicks in, to misunderstandings about Advance Health…
Securing a young family’s future: Amanda & Rob's estate plan for long-term success
For many young families, estate planning may not seem like a top priority. But as parents, one of the most loving things we can do is ensure our children are looked after, no matter what the future…
Caring for aging parents: estate planning conversations to have now
As our parents age, it's natural to start thinking about their future care, wellbeing, and financial security. These concerns often extend to estate planning, where necessary conversations about Wills, healthcare, and financial management must be had. While these discussions can…
Estate planning for blended families: navigating complexity to protect everyone
While blended families can create a rich and fulfilling family life, it also brings unique challenges when it comes to estate planning. Ensuring that everyone’s interests are protected—your spouse, children from your current relationship, and children from previous relationships—can be…
Planning for end-of-life care: the importance of Advance Health Directives
We all hope for good health and a long life, but it’s crucial to plan for situations where you might be unable to make medical decisions for yourself. This is where an Advance Health Directive (AHD) comes in. An AHD…
Is it worth spending money on a lawyer to write my Will?
It’s a question that comes up often: “Is it really worth spending money on a lawyer to write my Will?”I recently saw this exact question pop up in an online mum's group. The poster, who was partnered with…
Godparent vs Guardian: Understanding the Difference
There's a common belief that if you pass away, your child's godparent will naturally step in to take over their care. While this idea might make sense emotionally, legally, it doesn’t work that way. The truth is, godparents don’t have any legal rights when…
Who's entitled to see your Will after death?
When it comes to your Will, you might assume that only a select few will get to see its contents. Unfortunately, that’s not quite how it works. There’s a surprisingly long list of people who are entitled to view your Will after…
Letters of love - a lasting gift of love
Imagine for a moment that you’re grieving after the death of a loved one, perhaps your spouse or a parent. You find a letter written for you. It's your loved one's voice, assuring you of their enduring love, sharing an inside…
Navigating pet death
Losing a pet can feel akin to losing a member of your family. It's a deeply personal and emotional journey. Whilst grief and loss of any kind deserves empathy and understanding, unfortunately some people may offer unhelpful comments like "just a cat" or "just a dog" etc.…
Reimagining death and funerals
We love to celebrate milestones. Births, christenings, 18ths and 21sts, weddings…what about death? Death is a major marker in our lifespan yet we typically rush through funerals and try our best to get to the “other side” of grief as quickly as possible. Examining our thoughts and…
Executor vs Attorney
In your estate plan you will nominate people you know + trust to important roles. Two of those roles are your “executor” and “attorney” These roles perform different duties and at different times...for one, your executor only steps in post-death whereas your attorney acts during your lifetime. This…
How often should I update my Will?
Hey legend! You’ve sorted your Will! Well done. Your estate plan journey isn’t quite over yet though…there’s one important step to go. The next phase is keeping your Will current to your wishes and circumstances. This doesn’t require much time + effort, but it…
Polyamory and your estate plan
This post is for our poly pals with more than one spouse...this may look like one married spouse + one or more de facto spouses, or more than one de facto spouse. Complex family arrangements make it important for you to get legal advice. Keep in mind this post…
“Do it yourself then get a JP to witness it”
Getting your legal advice on Facebook? Please don’t.A comment that regularly comes up in community groups is “just DIY your Will and get a JP to witness it”. *So* much wrong with this comment.It’s a common myth that having a JP (Justice…
Want to be a digital avatar after death?
[Grief tech is here!] Opinion piece written by Jacqui Thomas, Director and LawyerGrief Tech is on the rise – does this mean the end of traditional mourning? There are a bunch of start ups out of California [eg. Here After, Seance AI, Storyfile, Replika] offering…
What happens without an Enduring Power of Attorney?
It’s easy to take for granted that you’ll always be in control of your own life. Losing capacity means you don’t have the ability to make your own decisions. In estate planning we look at capacity to make personal (including health) decisions and financial…
What happens if I die without a Will?
Losing someone you love is tough, and dealing with the legal stuff afterward can be confusing. If someone passes away without a Will, it can create additional challenges for their family. When someone dies without a Will, it's called "intestacy." This means that the…
Capturing Lasting Memories
In a world where memories and emotions are eternally intertwined, capturing the essence of a farewell through photography can be a powerful tool for both healing and remembrance. Funerals and celebration of life services, while poignant and essential, often pass in a blur of…
Empowering Children
Our house is filled with books. We shuffle them aside to sit on the couch, trip over book towers in bedrooms, and we love the library bus that visits our suburb each week. The benefits of reading to children are numerous; from language…