Category Archive: Wills, Estates & Elder Law

Aug
23

Why should I have a Binding Death Benefit Nomination for my superannuation?

You should have a Binding Death Benefit Nomination to ensure that your superannuation death benefits are paid in accordance with your wishes. If you do not have a Binding Death Benefit Nomination, then the Trustee of your superannuation fund will determine who will receive payment of your superannuation benefits. Disputes often arise regarding payment of …

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Aug
14

Reverse Mortgages

If you need to withdraw equity from your home as an elderly person, then a reverse mortgage enables you to do this.  Perhaps you have the problem of being asset/equity rich and cash poor and you need funds to assist with lifestyle needs… To read more about reverse mortgages please click here or contact McColm Matsinger …

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Aug
07

What happens to my superannuation benefit when I die?

On a Member’s death, the Trustee of a Superannuation Fund has to make a decision as to where your superannuation benefits are paid. This decision may be to pay the benefits to one or more of your dependants or to your Estate.  This is a decision which the Trustee alone will control. If a dispute …

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Jul
12

Funeral Costs

One way of ensuring your funeral costs are able to be paid, is by arranging a funeral bond with one of the many life insurance company providers. Essentially you are pre-paying your funeral costs – the amount you pay meets the cost of your funeral when you pass away. There are no restrictions on age …

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Jun
27

I have a Will but when should I change it?

When you have a Will, you should review the content of it to ensure that it meets with your wishes from time to time, but in any event: (a) Whenever a significant event occurs in your family or your life (marriage, divorce, death, purchase or sale of a significant asset etc); (b) Not less than once every …

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Jun
26

Residential Care Agreements & Accommodation Bonds

The maze of requirements for entering into an Aged Care Facility can be daunting. If you or your loved ones need assistance with entering into an Aged Care Facility please click here to find out more or contact McColm Matsinger Lawyers for advice. Christine Matsinger McColm Matsinger Lawyers

Jun
17

What is a Codicil?

A Codicil is a document that amends your Will. If you wish to change the provisions of your Will and those changes still leave the fundamental provisions in your existing Will intact, then it may be appropriate for you to make a Codicil. Codicils are usually only used when minor changes are being made to …

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Jun
01

Impact of the Civil Partnerships Act on Estate & Succession Law in Queensland

 The Civil Partnerships Act 2011 (“the Act”) came into force earlier this year.  Significantly, the Act creates a new legally recognised relationship in Queensland, that of a “Civil Partner”. The Act allows a couple who are in a relationship, regardless of their sex, to legally formalise their relationship by way of registration of a …

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Jun
01

Who can make a Will?

The general rule is that you must be 18 years of age and of sound mind in order to make a Will. However, there are exceptions for younger persons who are in the military, married etc. What do Lawyers mean by the term “of sound mind”? The legal terminology is “testamentary capacity” and in order …

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May
15

Why should you have a Will?

A Will protects your loved ones and ensures: • That someone you trust will manage and administer your Estate; • Who will act as guardian for your young children; • That only persons you choose will receive benefit from your Estate; • You can decide how your property will be divided amongst your family. If you die without a …

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