David Andrew

speaker
514 appearances 1 recordings 1 series first heard Aug 2022 last heard Aug 2022

David Andrew’s voice in public audio — every appearance, attributed to the second.

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You might be in a family where you've got stepchildren and you consider them to be part of your family unit.
They're part and parcel of your family, but they're not of blood.
They don't fit into the formula.
What about the circumstance, and it's not uncommon these days for people to have a second relationship, so you've got a current partner, but you've got children of a first relationship.
And there's a division by the formula in the legislation as to how we divide that.
We had a very, very significant change in 2017 that took it from children-orientated to now partner-orientated.
Okay.
And if someone died today with a current partner and children first relationship and no will, the partner would get the first almost half a million dollars, something like $498,000, plus interest, plus chattels, plus half the value of what's left.
Very, very significant.
And the children share the balance.
Right.
That may or may not be what you want.
And the other thing is, if you don't intestate, it's what you can't do.
Remember we talked about it, Will, when we said you can do gifts.
It could be a gift of money or a gift of items.
Or I want to leave it to an organisation that's been very important to me or a charity.
You can't do those things under the formula.
You can't establish trusts.
You can't determine who will look after your estate.
It will be a person with the equal greatest entitlement.
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