Enduring Powers of Attorney must now be witnessed by a lawyer or a doctor (or certain other persons)
From 1 September 2015, the witnessing requirements for an enduring power of attorney have been significantly tightened.
The signing of an enduring power of attorney by the principal (the person giving the power) must be witnessed by two people. One of these witnesses must be either a person who is authorised to witness affidavits (such as lawyers, judges, members of the police force ranked sergeant or above, parliamentarians or justices of the peace) or a medical practitioner. Previously, it was only a requirement that one of the witnesses needed to be authorised to witness statutory declarations.
Supportive Attorney – a newly introduced Power of Attorney
Victorian Powers of Attorneys to change from 1 September 2015
Facebook gives users more control with 'Legacy Contacts'
Digitally stored information, including records, communications, photographs and other details which are held with various internet-based organisations can be difficult to deal with when the account holder dies. Many organisations are grappling with methods of dealing with the problem or simply ignoring it.
Facebook is giving users more control over their social networking afterlives with a “Legacy Contact” setting. This allows account holders to have their account deleted after they die or alternatively appoint a Legacy Contact to manage the account.
Sladen Snippet - Changing the way wills can be contested
The Victorian government passed the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 on 16 October, prior to going into caretaker mode leading up to the election.
The Act includes significant amendments to the laws governing the contesting of wills.
Since the removal of any relationship requirement between a claimant and a deceased person in 1996, the courts have dealt with a wide range of claims. These claims are not only by spouses and children of the deceased person, but also grandchildren, nephews and nieces, carers and even neighbours.
Balancing Super and Family Trust Issues in Blended Families
This paper was presented by Amanda Morton and Rob Jeremiah at the Eighth Annual Estate Planning Conference Television Education Network, held on 20 March, 2014.
The purpose of this paper is to discuss a number of tools which may be used to implement an estate plan and to achieve the client’s objectives.
Given (unfortunately) that disputes are more likely to arise between family members upon the death of a client in a blended family situation, it is most important that proper consideration be given to the client’s estate plan and how to achieve their objectives.