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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Appearances
You've got to think that through.
Are they going to be joint or are they going to be joint in several in terms of decision-making and the like?
But yes, it's not uncommon to have joint executives
But mainly what I'm thinking about is an executor and a substitute executor if the first person can't do it.
So if the first person is pre-deceased or not ready, willing or able to take on the role, then I appoint such and such in the alternative.
Yeah, I think so.
Look, we don't have complete testamentary freedom in Victoria.
There is a legislative right for people to claim against estates.
Now, in 2015, there were very significant changes to who can claim.
It's probably half the amount of claims that we previously had.
So if people are thinking historically, there are a lot less claims now than previously.
In order to bring a claim, the person needs to be an eligible claimant.
I'll say something about that in a moment.
They need to establish that a moral obligation was owed to them, insufficient provision was made for them, and in a number of cases they may have to prove a degree of dependency.
So that's what they would have to establish to succeed.
Eligible claimants is the big change.
Previously, anybody could claim against your estate.
When they brought in the changes, now you've got to be an eligible claimant, which will include obvious things like partners, children, stepchildren, but it excludes people like
Parents, siblings, nieces and nephews and the next door neighbour.
So a lot of claims that we previously had seen, they're not eligible to bring claims now.
Showing 421–440 of 514 · page 22 of 26
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