Executor: What is one?

Two weeks ago, we discussed the duties of an Executor and in particular the responsibilities to the Australian Taxation Office when administering an estate. Today I will discuss what an Executor is. An Executor is a personal representative who oversees the administration, management and distribution of the deceased’s estate. There are two types of personal…

Trial: Judge alone. Bailey trial

A defendant does have a right to trial by jury, but sometimes, a defendant seeks to have the matter decided by a Judge alone. A defendant may elect to have a trial by judge alone for a variety of reasons. This may include the belief that his trial may be prejudiced by previous media publicity.…

Death: Disposal of the Body

At times there is a dispute between relatives as to how to dispose of the deceased’s body. The Courts do have jurisdiction to determine proper disposal. As there is no property in the dead body, any instructions regarding its disposal included in the Will are unenforceable however the wishes of the testator could be described…

Companies: How a Company Works

Proprietary Limited Companies (Pty Limited or Pty Ltd) are the most common type of company structure used in Australia by small businesses. The Australian Securities and Investments Commission (ASIC) administers the operations of companies using the Corporations Act. A new company comes into existence when the promotors apply to ASIC for registration. On that date…

Crime: I did it but plead Not Guilty

Despite what Hollywood would have you believe, this rarely happens. When it does occur, there are strict rules which govern how a solicitor can act for such clients. The overriding rule is that we must not mislead the Court. Our duty to the Court is above the duty to a client. Firstly, you advise the…

Guilty or Not (Part 1)

In other articles we have described the process of being arrested, charged, getting bail, attending court, pleading guilty, submitting a plea in mitigation, and being sentenced. Now we will rewind that to where we entered a plea of guilty, but instead we will enter a plea of not guilty. After meeting with your lawyer, the…

Bail: The Purpose of Bail (Part 2)

This is an interesting case which was heard at Grafton recently, and how easily you could commit an offence which carries 18 months of prison. The scenario is this. You are at a party, you have driven your car there and proceed to have more drinks than you were planning to, and you make the…

Wills: Passing away without a will

In the previous article “What is a Will” we outlined how easy it is to have a legal will drafted. Now we will look at the implications of passing away without a will. There is a popular urban myth that the government gets everything if you die intestate (without a will). This is only the…

Wills: What is a will?

A will is a legal document, which names the people to whom you intend to distribute your property and possessions you own at your death and nominates the person or people you want to appoint to attend to the tasks of collecting and distributing you assets after your death. Whilst you may want simply to…

Executor Tax Obligations

When you are named as an Executor in a Will this is an indication that the deceased wanted you to conduct the affairs of the estate. The Executor is responsible for administration of the estate from locating the Will, making funeral arrangements, ascertaining the property of the estate and distribution for beneficiaries. A person agreeing…