Can I leave my Superannuation to my disabled Beneficiary as a Pension? If the superannuation is held in a self-managed superannuation fund (“SMSF”), the answer is YES, but within carefully considered parameters. Generally, when a person dies their superannuation death benefits must be cashed out as a lump sum or a series of lump sums…
SPECIAL DISABILITY TRUST A Special Disability Trust (“SDT”) can be set up for a person with a severe disability at two times: either during your lifetime or after your death through the terms of your Will. Many people choose for an SDT to be established after their death by Will because there is no real…
GETTING TITLE DETAILS RIGHT When you are making estate planning arrangements affecting the gifting of real estate, it is very important to ensure that your understanding of the way it is owned is reflected in the wording on the actual Title. At Duncan.Legal it is part of our due diligence to always do a title…
SUPPORTED DECISION MAKING DOCUMENTS Changes in mental health law – reduction in role of Nominated Support Person As a consequence of findings from the Royal Commission into Victoria’s mental health system, Victorian mental health law has been completely overhauled. The 700+ page Mental Health and Wellbeing Act 2022(Vic) was passed in September 2022, and becomes…
GUARDIANSHIP / ADMINISTRATION ORDERS Should I obtain Guardianship/Administration Orders when my child with a disability turns 18 years? When a person attains 18 years, the law presumes they have capacity to make decisions for themselves. Parents and carers are often worried how they can continue to legally manage the affairs of a child with limited…
MEDICAL SUPPORT PERSON Many of our young clients with a mild intellectual disability have a Supportive Attorney document in place for assistance with supported decision making. Recent changes in laws under the Medical Treatment Planning and Decisions Act 2016 (Vic), now means that should a medical supported decision be required, an ‘Appointment of Medical Support Person’…
DEFINITIONS OF DISABILITY The Social Security Act 1991 (Cth) provides the legislative foundation for many of the benefits and services provided by Centrelink and the Department of Human Services. The Social Security Act 1991 (Cth), defines “disability” generally as: A person aged 16 or more who: a) Has a physical, intellectual or psychiatric disability; and…
FAMILY LOANS When family members help each other out financially, little thought is usually given at the time as to whether the help is a gift or a loan. Even less consideration is given to documenting the arrangement. From the perspective of asset protection or ensuring that beneficiaries are all treated equally when you pass…
