Who should be the Settlor of a Family Trust?

In the event that a trust is created by way of settlement, it is recommended that a settlor should be a person who is not related to any of the beneficiaries, due to the application of s 102 of the ITAA 1936. Section 102 specifies the circumstances in which the...

What is an Informal Will?

For a Will to be valid in New South Wales it must satisfy a number of formal requirements set out in legislation. However, a document may still be considered a person’s final Will even if it fails to comply with formal requirements (“informal will”). Section 8 of the...

Who is Responsible – the Builder or the Owner?

From 15 January 2015 the definition of defects under the NSW Home Building Act has changed. The term “structural defect” has been replaced by the new term “major defect in residential building work.” This means that you are now accountable for any issues with any...