Publications
Fleming Muntz publishes regular updates on recent cases and developing legal topics for referring accountants, financial planners and property agents. Please contact us if you would like to receive these updates by email
The pitfalls of a home – made will
Do-it-yourself wills are likely to be a false economy – usually far more is paid in costs to the legal profession to address problems with home-made wills, than would have been charged for professionally drafted documents.
The pitfalls of a home – made will
Do-it-yourself wills are likely to be a false economy – usually far more is paid in costs to the legal profession to address problems with home-made wills, than would have been charged for professionally drafted documents.
Share & unitholder agreements – why?
Clients invariably ask two very fair questions when we suggest a share or unitholder agreement: What does it do? Why not just vary the constitution or trust deed?
Share & unitholder agreements – why?
Clients invariably ask two very fair questions when we suggest a share or unitholder agreement: What does it do? Why not just vary the constitution or trust deed?
Passing control of the family farm – (2)
Increasingly, farming families are becoming involved in litigation after the death of a loved one. Careful succession planning can minimise conflict and ensure a smooth transition of farming assets to the next generation.
Passing control of the family farm – (2)
Increasingly, farming families are becoming involved in litigation after the death of a loved one. Careful succession planning can minimise conflict and ensure a smooth transition of farming assets to the next generation.
Passing control of the family farm (1)
Succession planning needs careful thought by farming families. An orderly transition brings many benefits but the process has risks and needs specialised professional advice.
Passing control of the family farm (1)
Succession planning needs careful thought by farming families. An orderly transition brings many benefits but the process has risks and needs specialised professional advice.
Loss of capacity – key stakeholder
Any well-run business will almost certainly have done a "SWOT" analysis, identifying potential future problems and planning in advance how to deal with them.
Loss of capacity – key stakeholder
Any well-run business will almost certainly have done a "SWOT" analysis, identifying potential future problems and planning in advance how to deal with them.
“Living Wills” – Lessons from the Schiavo case
Any individual can sign an “Advance Care Directive” or “Living Will” to record their personal wishes for medical treatment at the end of life. Although not a binding legal document, it may give guidance and comfort to others.
“Living Wills” – Lessons from the Schiavo case
Any individual can sign an “Advance Care Directive” or “Living Will” to record their personal wishes for medical treatment at the end of life. Although not a binding legal document, it may give guidance and comfort to others.
Life and death planning for the disabled
Parents of disabled children worry themselves needlessly about what will happen to their child when they die. There are legal strategies that can protect a disabled person, and ensure their financial future and other needs.
Life and death planning for the disabled
Parents of disabled children worry themselves needlessly about what will happen to their child when they die. There are legal strategies that can protect a disabled person, and ensure their financial future and other needs.
Lease guarantees – the cost of uncertainty
Personal guarantees from directors are almost universal when land is leased to a private company. However, a NSW Supreme Court decision shows the danger to both parties when they are not written carefully.
Lease guarantees – the cost of uncertainty
Personal guarantees from directors are almost universal when land is leased to a private company. However, a NSW Supreme Court decision shows the danger to both parties when they are not written carefully.
Lack of capacity and undue influence – the “Sleeping Giants”?
Medical advances and healthier lifestyles mean “baby boomers” will live longer than previous generations. Inevitably, this will mean many more of your senior clients may suffer from impaired mental faculties as a consequence of the ageing process. That lack of full mental acuity creates a “time bomb” for professionals who should be alert to the problem, and the potential for litigation by family members.
Lack of capacity and undue influence – the “Sleeping Giants”?
Medical advances and healthier lifestyles mean “baby boomers” will live longer than previous generations. Inevitably, this will mean many more of your senior clients may suffer from impaired mental faculties as a consequence of the ageing process. That lack of full mental acuity creates a “time bomb” for professionals who should be alert to the problem, and the potential for litigation by family members.
High Court looks at a family trust deed
The High Court has given a useful judgement on the interpretation of discretionary trust deeds.
High Court looks at a family trust deed
The High Court has given a useful judgement on the interpretation of discretionary trust deeds.
Giving notice under a trust deed
The NSW Supreme Court gave a useful judgement some years ago about how wrong a notice given under a trust deed can be, yet still have effect.
Giving notice under a trust deed
The NSW Supreme Court gave a useful judgement some years ago about how wrong a notice given under a trust deed can be, yet still have effect.
Family Provision – a new threat to farming succession?
Historically, there has been an acceptance by farming families that a farming child or children should inherit the “lion’s share” of a rural estate, even if only modest assets went to non-farming children. There is a sense of unease amongst many farming families that non-farming children are prepared to challenge the rights of their farming siblings to fully inherit.
Family Provision – a new threat to farming succession?
Historically, there has been an acceptance by farming families that a farming child or children should inherit the “lion’s share” of a rural estate, even if only modest assets went to non-farming children. There is a sense of unease amongst many farming families that non-farming children are prepared to challenge the rights of their farming siblings to fully inherit.
Estate planning for blended families
Blended families create special problems. Children of past marriages need to be considered and their interests protected, without it impacting on the needs of a current spouse or partner. The changing demographic of families in this modern age means the problems surrounding blended families are now more acute than ever.
Estate planning for blended families
Blended families create special problems. Children of past marriages need to be considered and their interests protected, without it impacting on the needs of a current spouse or partner. The changing demographic of families in this modern age means the problems surrounding blended families are now more acute than ever.
Business succession planning
Most clients look very closely at their personal estate planning, but often overlook considering what we term “business succession planning”. What’s changed? It is important to plan for the time when they are no longer involved.
Business succession planning
Most clients look very closely at their personal estate planning, but often overlook considering what we term “business succession planning”. What’s changed? It is important to plan for the time when they are no longer involved.
Choice of Executor – A matter of trust
One of the most important decisions for a will maker is who is to act as an executor of their will. The executor must be someone who can be trusted to carry out the wishes and represent the best interests of the will maker.
Choice of Executor – A matter of trust
One of the most important decisions for a will maker is who is to act as an executor of their will. The executor must be someone who can be trusted to carry out the wishes and represent the best interests of the will maker.
Claiming upon an estate: what are the time limits?
There are certain persons eligible to make a claim upon the estate of a deceased person for provision (or additional provision) from the estate. The application is called a “family provision claim”.
Claiming upon an estate: what are the time limits?
There are certain persons eligible to make a claim upon the estate of a deceased person for provision (or additional provision) from the estate. The application is called a “family provision claim”.
Dangers for members of self managed super funds
Those who hold their super in a self-managed fund need to take particular care in making arrangements for the distribution of benefits on their death.
Dangers for members of self managed super funds
Those who hold their super in a self-managed fund need to take particular care in making arrangements for the distribution of benefits on their death.
Dealing with digital assets upon death
Advances in information technology over the past decade have meant that most of us have an online presence and, on our death, will leave behind "digital assets". Like other personal assets, digital assets should be considered as part of our estate planning.
Dealing with digital assets upon death
Advances in information technology over the past decade have meant that most of us have an online presence and, on our death, will leave behind "digital assets". Like other personal assets, digital assets should be considered as part of our estate planning.
Dealing with incapacity in business
Unfortunately, many of us or our clients will suffer from a loss of capacity at some stage in our lives. Whilst a loss of capacity can have a significant impact on our personal lives, it can also have a detrimental impact for those of us that act in the role of company director or secretary.
Dealing with incapacity in business
Unfortunately, many of us or our clients will suffer from a loss of capacity at some stage in our lives. Whilst a loss of capacity can have a significant impact on our personal lives, it can also have a detrimental impact for those of us that act in the role of company director or secretary.
Diamonds may be, but… Trusts are not forever
Any well run business will almost certainly have done a "SWOT" analysis, identifying potential future problems and planning in advance how to deal with them.
Diamonds may be, but… Trusts are not forever
Any well run business will almost certainly have done a "SWOT" analysis, identifying potential future problems and planning in advance how to deal with them.
