Podcast

The Wills and Estates Transmission

Welcome to The Wills & Estates Transmission – Delve into the intricacies of Wills and Estate Law as our seasoned lawyers navigate the complexities of Estate Administration, Wills and Estate Planning, Estate Disputes and Litigation as well as such interesting matters as superannuation and burial disputes.

This podcast series is your invitation to an authoritative exploration of the leading issues in our field. Welcome to an engaging journey through the legal nuances, presented by experts who define excellence in Wills and Estate Law.

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EPISODES:

Episode 17: Power of Attorney Special Conditions
In this episode, John De Groot and Rachael Ryan discuss the importance of enduring powers of attorney in estate planning. They highlight the need to appoint trusted individuals who can make decisions on behalf of the person who has lost capacity.

Specific areas that require careful consideration include the care of pets, home care, financial support for family members, and lifestyle preferences. The attorneys should be given clear instructions and authority to ensure that the person’s wishes are carried out. The podcast emphasises the importance of customising enduring powers of attorney to align with the individual’s unique circumstances and preferences.

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Episode 16: Updating Your Will
The conversation discusses the importance of having a will and the consequences of not having one. It emphasises that a will is not a set and forget document and needs to be updated to reflect life changes. The conversation also highlights the importance of appointing guardians for minor children and the need to consider their changing needs and circumstances.

It mentions cases where wills were not properly updated or were disputed, leading to legal complications. The conversation concludes by stressing the value of consulting an estate planning lawyer for comprehensive and legally binding estate planning.
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Episode 15: Charities
The conversation covers two main themes: leaving specific gifts in an estate and leaving charitable requests in a will. When leaving specific gifts, it is recommended to leave a percentage of the residue rather than a fixed sum of money, as the value of the estate may fluctuate.

Leaving a residuary gift in percentages ensures that the value of the gift adjusts accordingly. The conversation also highlights the importance of correctly identifying charities in the will, as different arms of a charity may have different taxation statuses. It is crucial to reach out to the charity to ensure the correct identification and to discuss any specific gifts that may require special arrangements.
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Episode 14: Pecuniary Legacies
Emma Nisbet discusses the different types of bequests in estate planning, specifically pecuniary legacies and residuary gifts. She highlights the importance of considering tax implications in estate planning and the complexities of dealing with digital assets, such as cryptocurrencies.
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Episode 13: Power Of Attorney Disputes
Max Williams highlights the importance of trust when selecting a power of attorney, citing Britney Spears’ conservatorship as an example.
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Episode 12: Power Of Attorney
Power of attorney appoints someone to make decisions on your behalf. We explain the types and differences in power of attorney laws across all states in Australia.
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Episode 11: Mental Capacity and Wills
We touched on an aspect in the last episode about capacity. So, let’s look at that and see what qualifies as capacity. And some illnesses that we think do or don’t affect a people’s capacity.
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Episode 10: What is a valid Will?
Topics include:
• The proverbial will written on a napkin, is there any way of making that valid?
• What about electronic signatures?
• How does that work?
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Episode 9: Family Provision Costs
Topics include:
• How do the matters work within the court?
• What are the chances of winning?
• How much does it cost to contest a will?
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Episode 8 Family Provision Time Limits
Topics include:
• Are there time limits for contesting a will?
• Would it be worth taking the time pursuing to your Auntie Jones cookbook in an estate because of the costs involved?
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Episode 7: Family Provision 101
Topics include:
• What actually is contesting a will?
• A further deep dive into who are eligible people to contest.
• What would be a definition of a close personal relationship?
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Episode 6 Personal effects
Topics include:
• Somebody has passed away and there are disputes and fights, What are the options for a resolution?
• Thanks to Hollywood we hear about fights over personal effects. How is that covered in the will? And how can you possibly limit that in a will?
• If you bought a boat, for example, and you haven’t put it in the will, can that make things even more complicated?
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Episode 5 Executors and Grants
Topics include:
• What is a grant of representation?
• What is the role of the executor?
• Understanding Letters of Administration?
• Are executors paid?
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Episode 4 Burial and cremation disputes
Topics include:
• How to avoid disputes with a well-written will.
• When you tell people you want to be buried or cremated or whichever your wishes may be, that’s not enough.
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Episode 3: Trusts & Super
Topics include:
• Can you appoint a beneficiary as the executor of a will?
• How does a trust work?
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Episode 2: Estate Planning 101
Topics covered include:
• What does an estate planning lawyer actually do?
• What’s the difference between a will and estate planning?
• When do I need a will?
• Can you really do your own will?
• How often should you update a will?
• Can I leave my estate to my cat?
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Episode 1: About de Groots. An introduction with Margot and John De Groot
John and Margot explain the company’s history and how they have progressed since 1986.
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