As a beneficiary named in the Will of the deceased, you have the following rights. The right to see a copy of the Will. If you are a beneficiary named …
Applying for probate
So, you have been named as a beneficiary in a loved one’s Will who has recently died, or you are entitled to receive a share of the estate pursuant to the rules of …
Restraint of trade in employment – giving of undertakings
The recent case of SAI Global Property Division Pty Ltd v Jones [2018] NSWSC 438 provides a useful reminder of the principles at play for employees and employers when a restraint of …
What happens to property when two or more persons die at the same time?
In a situation where two or more persons die simultaneously in an accident or under similar circumstances, the order of their deaths may be critical in determining who is to …
How ‘bucket companies’ work in family trusts
This article originally appeared on Cuffelinks ( https://cuffelinks.com.au/bucket-companies-family-trusts-work/ ) There is a common belief that family trusts have limited uses unless there are beneficiaries on lower rates of tax to …
Is Bitcoin a financial product?
Is Bitcoin a “financial product” according to the Australian Securities and Investments Commission (ASIC)? In terms of the actual currency itself? The short answer is ‘no’.
Legal costs in divorce proceedings
Participants in divorce proceedings often believe they will have their legal costs paid by the other side if they win. Whilst it is true in most Australian jurisdictions that ‘costs …
Trade mark holding companies – are they worth it?
Lodestar Anstalt v Campari America LLC – How are your IP assets structured? The Full Court of the Federal Court’s recent decision in Lodestar Anstalt v Campari America LLC [2015] …
What is a testamentary trust?
A testamentary trust is a trust created by your will after you die and involves leaving some or all of whatever assets remain in your name, as at the date …
Unit trusts as a way to structure employee incentive schemes
We have previously touched on the importance of shareholder agreements for small businesses. But should owners/founders always use shares and shareholder agreements to incentivize employees? While employee share schemes are …
