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Providing for Your Second Spouse After Your Death - Simple Legal Solutions

With the aging population and the number of blended families and second spouses on the rise it is increasingly important that your Estate Plan effectively addresses the competing interests of your children and a second spouse. Life Interests or Rights of Residence created in a Will are common parts of many Estate Plans when there is a sec...

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CGT & Insurance Proceeds

Introduction to Business Succession Planning What is a Buy Sell/Option Agreement? Why do I need a Buy/Sell Option Agreement? What is a Shareholders' Agreement? Why do I need a Shareholders' Agreement (Partnership Agreement)? Funding the Purchase Price und...

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Pre-Empting Contested Wills Claims

What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an "eligible person" against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person's Will where the "eligible person" has...

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Testamentary Capacity. When does a person lack the ability to make a valid Will?

What is "testamentary capacity"? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. That the wil...

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