Most people are now aware of the importance of having an enduring power of attorney (EPA). If you are unable to make decisions for yourself at any stage (either temporarily or longer term) it is important there is someone in place to act on your behalf. What happens to you, and your family situation, if you have no EPA?
In the last edition of Off the Record, we began exploring what can be a highly contentious issue: challenging a Will. As I outlined in Challenging a Will: Part 1, there are two main legal grounds on which someone can question a Will. The first, which we explored in Part 1, is that the Will’s legal validity is disputed.
After 25-odd years, I’ve lost count of the cases I’ve seen where people would wager a vital organ they haven’t put a single legal foot wrong. In reality, they’re marinating in wrongdoing, risk and liability.
When a marriage, civil union or de facto relationship breaks down, the couple will usually divide their property according to the Property (Relationships) Act 1976 (the PRA). However, these two people often hold property in a trust rather than personally.
If you’re in business and employ staff, there is a raft of newly-implemented and incoming employment changes – and, you need to be not only across them, but actively prepared.
A 2018 Court of Appeal decision[1] has made a director liable for almost $500,000 of company debt due to the company’s failure to keep adequate accounting records.