Recent Articles

An ill worded Will may hold serious tax implications

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A recent decision of the Western Australian Supreme Court of Appeal in Caratti v Commissioner of State Revenue (WA) [2017] WASCA 128 held a property was to incur land tax because a Will by its terms did not expressly give a beneficiary right to use it as their primary place of residence.

Good Will & Estate planning can provide you and your loved ones with the comfort and security of knowing that your estate will be distributed in accordance with your preferences. An important but often overlooked consideration in Wills & Estate planning are the tax implications for beneficiaries.

WA Property news: "Settlement fees: Vendor and Purchaser"

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The Department of Commerce deregulated settlement agent fees for transactions signed after 3 February 2016. There is however a grace period of three months in place to allow the conveyancing industry to adjust to the new procedures.

Settlement agents and customers can now freely negotiate a fee taking into account complexity and other relevant factors.

What is Restraint of Trade and should I be wary?

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A restraint of trade is defined as a limiting covenant that influence future activities.

The Courts have a wide discretion to determine the extent of such provisions, and deal with the facts of each individual case. It is also important to seek timeous legal advice as the restraint is judged whether it was reasonable at the time of the agreement.

Keeping up to date with your Estate Planning

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Good estate planning will ensure your assets go to the people that you want to benefit when you die. A large part of good estate planning is having a valid and up-to-date Will.

It is also a good idea to have documents in place to direct what will happen to you and to your assets when you lose your legal capacity due to an unexpected injury, disability or illness.

Why do-it-yourself Wills are a "don't"

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A range of do-it-yourself Will booklets have sprung up in recent years, giving the public seemingly cost effective options to draft their own Wills.

It could be argued that something is better than nothing when it comes to indicating how you want your estate to be divided up. While these DIY options may appear straightforward and legal, think of your beneficiaries and intended executors, who will have to deal with the consequences if your DIY Will is defective. What seems like a good way to save money now can result in an expensive, emotional, and destructive experience for those you leave behind.

Take control of who gets your super when you die

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A range of do-it-yourself Will booklets have sprung up in recent years, giving the public seemingly cost effective options to draft their own Wills.

It could be argued that something is better than nothing when it comes to indicating how you want your estate to be divided up. While these DIY options may appear straightforward and legal, think of your beneficiaries and intended executors, who will have to deal with the consequences if your DIY Will is defective. What seems like a good way to save money now can result in an expensive, emotional, and destructive experience for those you leave behind.

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