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Donal Griffin

How a carer inherited an estate

Carers may have a legitimate claim to an estate even if the deceased suffered from dementia when making a subsequent will. The Court seeks to establish whether testamentary capacity was disabled.

Record award in estate of John Hemmes

The success of this claim on John Hemmes' estate and the unexpected amount involved provides a reminder to ensure you have a robust estate plan in place.

10 things to check on your estate planning

Rule changes are causing modifications in expert advice on super beneficiaries and estate planning, and this checklist can guide your decisions or discussions with your chosen adviser.

Careless estate planning: how artists can lose their legal voice

Using the example of an artist's body of work being highly sought-after once the artist dies highlights the importance of appointing the right executors - ones that will handle your affairs the way you intended.

Caveat lender, and consistency in law

When combining family and financial matters, what starts out well can turn ugly. Not only should such dealings be properly documented, but also conducted in strict accordance with those documents.

Don’t leave your estate to clean up a super mess

Superannuation is increasingly attracting the attention of people who expected to be beneficiaries of an estate. Many are dismayed that superannuation is not treated the same as other assets under the will.

Latest Updates

Testamentary trusts: Treasury has picked the wrong reading

A decades-old estate planning tool has survived one tax crackdown only to be caught by another. The surprise isn't who the reform is targeting, but who could end up paying the price for drafting choices made years ago.

Latest from Morningstar

Does an American retirement rule work for Australians?

The 4% rule has survived decades of scrutiny, but Australia's retirement system changes the equation in ways most overlook. Before accepting or rejecting this rule of thumb, it pays to understand what really drives retirement outcomes.

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Glencore lands on the ASX. Should BHP and Rio shareholders switch?

A coal-heavy miner with governance concerns isn't the obvious choice for investors. Yet, Glencore's ASX listing may offer something BHP and Rio can't. The challenge is working out whether the opportunity outweighs the risks.

Why does the system treat capital gains and losses differently?

Investors are often told not to let tax policy drive their investment decisions. Yet, under the new CGT rules, portfolio construction, volatility and even how assets are owned may have an outsized impact on their final outcome.

Economy

Three common sense reforms that Australia needs

What do frozen bank accounts, mortgage traps and pension penalties have in common? They're all symptoms of a system that makes life much harder. Yet the obvious solutions seem to have escaped the attention of Canberra.

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The hidden cost of government debt for investors

Some of the important effects of rising public debt never make the headlines. Research shows the immediate effects may already be unfolding, influencing corporate behaviour in ways that many investors would never suspect.

Investment strategies

When do fundamentals matter?

Is fundamental investing losing its grip on markets? Investors continue to search for valuation-based explanations for every price move, but the dominant force behind short-term returns may be something else altogether.

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