I am due to receive a property under a will. Do I have to pay stamp duty?

Normally when you inherit a property you won't need to pay stamp duty but there are some situations where you may.

Estates, Will & Powers of AttorneyMadeleine Debono27 February 2024O'Farrell Robertson McMahonstamp duty, property, inheritance

10 Will must-dos before life gets too busy: A 2024 checklist

Taking a moment to ensure your Will reflects your current life and wishes can bring peace of mind and clarity for your loved ones.

Estates, Will & Powers of AttorneyOFRM Wills & Estate Team18 January 2024wills, estate planning

My loved one has died – locating the Will or informal Will

Despite what Hollywood would have you believe, it is not critical that you find a loved one’s will immediately though it is an early important step in getting the Estate process underway.

Will & Powers of Attorney, EstatesMadeleine Debono16 August 2021O'Farrell Robertson McMahonwill

What is a medical treatment decision maker and why should I appoint one?

A Medical Treatment Decision maker is able to make medical decisions on your behalf when you are unable to do so. Combined with up-front conversations, they will help ensure your medical wishes are met.

Will & Powers of AttorneySophie Hogan9 August 2021O'Farrell Robertson McMahon

Is an informal will ok?

There are strict guidelines on how a will must be signed for it to be valid. In cases where the guidelines have not been followed it is up to the Court and a time-consuming, and costly process, to obtain acceptance.

Will & Powers of Attorney, EstatesMadeleine Debono2 August 2021O'Farrell Robertson McMahonwills, will kit, contested wills

Understanding "Testamentary Capacity"

The movies refer to “sound mind and body” when making a will. The legal term is “testamentary capacity”.

Estates, Will & Powers of AttorneyEmily Chamberlain19 July 2021O'Farrell Robertson McMahoncontested wills, testamentary capacity

Does your estate plan include your Bitcoin fortune?

In listing assets for your will, have you taken the time to list any digital assets such as Bitcoin and made sure they can be accessed.

Will & Powers of AttorneyMadeleine Debono3 February 2021O'Farrell Robertson McMahonassets, digital assets

Are there consequences to leaving my child out of my will?

Even if you have perfectly valid reasons for leaving a child out of your will, there are some points you should discuss with a lawyer first to protect against your will being challenged later on.

Will & Powers of AttorneySophie Hogan10 December 2020O'Farrell Robertson McMahonchildren, child, wills, will, will kit, contested wills, tfm claim

My relative has died without a will. Can I inherit?

The lack of a will does not necessarily stop you from inheriting money but there are rules in place.

Will & Powers of Attorney, EstatesRussell Robertson1 December 2020O'Farrell Robertson McMahonwills, contested wills, statutory wills

I have no assets, do I need a will?

You most likely have more assets than you realise and that’s why it’s important to have a will.

Will & Powers of AttorneySophie Hogan26 November 2020O'Farrell Robertson McMahonwill, will kit

Three problems with homemade wills

We’ve written about it before, and we’ll write about it again. There are many reasons why you need a lawyer to prepare your will. Here are three of them.

Will & Powers of AttorneyMadeleine Debono16 October 2020O'Farrell Robertson McMahonwills, will, will kits, contested wills

Estate Planning for children with special needs

Protect and Special Disability trusts provide parents who have children with special needs additional ways to provide for them in a will. It is important you speak with a lawyer to understand what would work best for you and your child.

Will & Powers of AttorneyEmily Chamberlain2 June 2020O'Farrell Robertson McMahonprotective trust, asset protection in wills, will, estate planning, estate, special disability trust, disability

Should I have a will?

The answer to the question of “Should I have a will?” is a simple “yes”.

Will & Powers of AttorneyMadeleine Debono27 May 2020O'Farrell Robertson McMahonwills, will kits

Signing your will under Covid-19 restrictions

The Victorian Government has passed new regulations that allow wills to be witnessed through an audiovisual link but it must be done properly for your will to be valid.

Will & Powers of AttorneyRussell Robertson21 May 2020O'Farrell Robertson McMahoncovid-19, wills, contested wills, statutory wills

Why you should REALLY make a will

Even if you think you don’t have any assets to distribute via a will, having a will in place will provide greater comfort to your family in the event of your death.

Will & Powers of AttorneyRussell Robertson20 May 2020O'Farrell Robertson McMahonwills, estate, discretionary testamentary trust, superannuation

The problems of a home-made will

If you’re stuck at home because of Covid-19 regulations and worried about the health implications of this pandemic, you may be tempted to grab a pen and piece of paper and quickly write out your own Will. Without the proper legal advice, you may not get it right.

Will & Powers of AttorneyMadeleine Debono21 April 2020O'Farrell Robertson McMahonwills, will kit, covid, estate

Importance of Enduring Powers of Attorney surrounding Covid-19

The current times of extreme uncertainty surrounding Covid-19 are a reminder for us all to consider how we can prepare ourselves for what could eventuate. Self-isolation highlights the importance of creating a Financial and Personal Enduring Power of Attorney.

Will & Powers of AttorneyMadeleine Debono20 April 2020O'Farrell Robertson McMahoncovid-19, powers of attorney, financial power of attorney, medical power of attorney