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What is an Advance Care Directive and what can they do that your family members can’t?

An Advanced Care Directive (ACD) is a legal document that specifies your healthcare and treatment wishes should you be in a position where you are unable to make this decision for...

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Who should have a statutory Will?

What is a Statutory Will and who should have one?

Recently we acted on a matter involving a young man with a permanent mental incapacity whose financial and family circumstances warranted the making of a Will.

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Death certificates: interim v final

Death certificates: interim v final

In South Australia, when a death has occurred and the cause or date of death is unknown, it is common for an interim death certificate to be issued by the Registry of Births,...

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When someone dies, what is probate?

When someone dies, what is probate?

The death of a family member or friend is often a difficult time. Hopefully, a valid Will is left that specifies what is to happen to any assets upon that death and who the...

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Can my partner and I have the one Will?

Can my partner and I have the one Will?

Whilst in theory you and your partner can have the one Will for both of you, in practice it is not advisable.

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What happens when the beneficiary in my Will is a child under the age of 18?

What happens when the beneficiary in my Will is a child under the age of 18?

It is quite common that people leave a gift (or perhaps the majority of their estate) to a child and that child may well be under the age of 18 years. What happens to that gift if...

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The new South Australian “Relationships Register” and potential serious ramifications to your Will

The new South Australian “Relationships Register” and potential serious ramifications to your Will

If a Will is not made within three years of living together as a couple, then if one of the couple dies, the survivor will not automatically be able to obtain entitlement to their...

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How do I challenge a Will in South Australia?

How do I challenge a Will in South Australia?

Inheritance laws in South Australia clearly allow a spouse, ex-spouse, domestic partner and child to contest the Will. Under certain circumstances it also allows a step child,...

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Simultaneous deaths - what happens when two Will makers with common beneficiaries die at the same time?

Simultaneous deaths - what happens when two Will makers with common beneficiaries die at the same time?

The word "commorientes" means simultaneous deaths and although it is almost unheard of, the term is also used in circumstances where the order of 2 deaths is unclear or where...

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