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Battle of wills is costly and rarely delivers

<p>There's nothing quite so grubby and unseemly as adult children battling over the last will and testament of a parent but such bitter skirmishes are constantly being fought through the courts.</p> <p>A will, properly done, is no guarantee against a legal challenge from a family member who feels they have not been left a fair slice of the family wealth.</p> <p>But courts tend to respect the wishes of testators to leave their wealth to whomever or whatever they wish, as long as they have not breached their “moral duty” to family members (for example entirely excluding one of three children without good reason or promising to leave something to a carer and then not doing so) or have failed to provide adequately for young children.</p> <p>It does appear a fair number of wills are made in people's dying days, often varying earlier wills as they ponder how they want to dispose of their worldly wealth.</p> <p>While it's always tempting to draw conclusions from a limited number of cases, it is hard not to theorise that wills drawn up in dying days are more likely to be challenged under the notion the writer lacked mental capacity, or that they were more susceptible to undue influences.</p> <p>But while these challenges may be costly to the estate - and enriching to lawyers - case law shows that mere unfairness will not be overturned by the courts, and that courts will only do the minimum needed to remedy any “breach of moral duty”.</p> <p>And, to quote one judgment, just because a judge “sitting in the testator's armchair” might see the matter differently, does not mean they should rewrite a will.</p> <p><strong>A good will can be challenged</strong></p> <p>Testators cannot be sure their will won't be challenged even if they make small bequests to recognise their moral duties to all their issue and justify their decisions in writing - something Public Trust asks testators to do. This tends to include citing the help given to family members in life. In one case a woman left most of her wealth to her granddaughter, who she had raised and who had looked after her later in life.</p> <p>The woman's two sons chose to challenge the will, which left one nothing (he had been helped financially in his parents' lives and had later squabbled over money with his mother) and the other a token amount. The brothers lost the legal tussle.</p> <p><strong>Mother cut out of daughter's will</strong></p> <p>One case involved the unusual situation of a mother seeking to have the will of her daughter altered. The daughter, dying of cancer, changed her will as she neared death, leaving all her money to friends, the Cancer Society and the hospice that was caring for her. The mother, included in a previous will, alleged her daughter lacked the mental capacity to make a will and also that “undue influence” had been brought to bear on her by a friend who inherited from the will. The allegations were backed by no evidence. Besides, the daughter had shown she had thought about her mother in notes stating that her mother was now financially independent.</p> <p><strong>Getting the sums right</strong></p> <p>In life a testator helped his son buy the family farm. When he died, his son's debts were forgiven, thereby passing the farm entirely to his son.</p> <p>The residual estate was then to be split among his other two children, both daughters.</p> <p>That meant the daughters got much less than the son, whose farm they believed was now worth about $10 million in part due to significant capital gains.</p> <p>The daughters challenged the will but the court said they could not maintain there had been a moral breach as both were left sums of about $300,000, even though there was written evidence the testator and his wife understood they put in place "arrangements which would give our three children an approximate equal share of our estates”.</p> <p>Unfortunately, their desires were not achieved in the legal documents. It appears the testator's professional advisers may not have done a good job.</p> <p><strong>Abusive son</strong></p> <p>A man who challenged his parents' will, in which he was left $70,000 of their $400,000 estate, got nothing more despite claims he deserved a half share.</p> <p>The man had Asperger's Syndrome but the judge decided the abusive way he treated his parents was only partly a result of the syndrome. The judge found the parents had treated the man well but that he had been abusive - documents were quoted in the judgment including one telling his parents to "f... off out of my life" - and that the relationship had been a “one-way street”. They had also given him $50,000 to pay off debts before they died and while they had considered cutting the son out of the will entirely, they had not. They had not, therefore, failed in their moral duty to him.</p> <p><em>Written by Rob Stock. First appeared on <a href="http://www.stuff.co.nz/" target="_blank"><strong><span style="text-decoration: underline;">Stuff.co.nz</span></strong></a>.</em></p> <p><em>Any advice contained in this communication is general advice only. None of the information provided is, or should be considered to be, personal financial advice.</em></p>

Legal

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Kate and Wills break royal protocol

<p dir="ltr">In a rare yet adorable break from royal protocol, Prince William and Kate Middleton have been snapped hugging and kissing each other at a charity polo match in Windsor, England - proving they’re just as in love nearly 20 years after they first met.</p> <p dir="ltr">With royal protocol discouraging such behaviour, the couple rarely engage in these kinds of public displays of affection.</p> <p><span id="docs-internal-guid-ffcd3545-7fff-7f0a-77c7-6cd82eb780d3"></span></p> <p dir="ltr">The 40-year-old future king had been competing in the Out-Sourcing Inc. Royal Charity Polo Cup 2022 match at the Guards Polo Club to raise funds and awareness for several charities the pair support, receiving a participation trophy for his efforts.</p> <p dir="ltr"><img src="https://oversixtydev.blob.core.windows.net/media/2022/07/kate-wills-hug1.jpg" alt="" /><img src="https://oversixtydev.blob.core.windows.net/media/2022/07/kate-wills-hug2.jpg" alt="" width="1280" height="720" /><img src="https://oversixtydev.blob.core.windows.net/media/2022/07/kate-wills-hug1.jpg" alt="" /><img src="https://oversixtydev.blob.core.windows.net/media/2022/07/kate-wills-hug1.jpg" alt="" /></p> <p dir="ltr"><em>Image: Getty Images</em></p> <p dir="ltr">After the prizes were given out, William embraced his wife, planting a sweet kiss on her cheek.</p> <p dir="ltr">The pair were also snapped walking hand-in-hand after the match.</p> <p dir="ltr"><span id="docs-internal-guid-ce241c43-7fff-ac13-a5cb-60e4c0eb8896"></span></p> <p dir="ltr">It comes just a day of the Cambridges making an appearance at Wimbledon, watching Novak Djokovic take on Jannik Sinner on Centre Court, before sneaking away from the royal box and over to Court No.1 to catch Britain’s Cameron Norrie make his way into the semi-final.</p> <blockquote class="instagram-media" style="background: #FFF; border: 0; border-radius: 3px; box-shadow: 0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width: 540px; min-width: 326px; padding: 0; width: calc(100% - 2px);" data-instgrm-captioned="" data-instgrm-permalink="https://www.instagram.com/p/CfpFc24NhId/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14"> <div style="padding: 16px;"> <div style="display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 100px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 60px;"> </div> </div> </div> <div style="padding: 19% 0;"> </div> <div style="display: block; height: 50px; margin: 0 auto 12px; width: 50px;"> </div> <div style="padding-top: 8px;"> <div style="color: #3897f0; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: 550; line-height: 18px;">View this post on Instagram</div> </div> <div style="padding: 12.5% 0;"> </div> <div style="display: flex; flex-direction: row; margin-bottom: 14px; align-items: center;"> <div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(0px) translateY(7px);"> </div> <div style="background-color: #f4f4f4; height: 12.5px; transform: rotate(-45deg) translateX(3px) translateY(1px); width: 12.5px; flex-grow: 0; margin-right: 14px; margin-left: 2px;"> </div> <div style="background-color: #f4f4f4; border-radius: 50%; height: 12.5px; width: 12.5px; transform: translateX(9px) translateY(-18px);"> </div> </div> <div style="margin-left: 8px;"> <div style="background-color: #f4f4f4; border-radius: 50%; flex-grow: 0; height: 20px; width: 20px;"> </div> <div style="width: 0; height: 0; border-top: 2px solid transparent; border-left: 6px solid #f4f4f4; border-bottom: 2px solid transparent; transform: translateX(16px) translateY(-4px) rotate(30deg);"> </div> </div> <div style="margin-left: auto;"> <div style="width: 0px; border-top: 8px solid #F4F4F4; border-right: 8px solid transparent; transform: translateY(16px);"> </div> <div style="background-color: #f4f4f4; flex-grow: 0; height: 12px; width: 16px; transform: translateY(-4px);"> </div> <div style="width: 0; height: 0; border-top: 8px solid #F4F4F4; border-left: 8px solid transparent; transform: translateY(-4px) translateX(8px);"> </div> </div> </div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center; margin-bottom: 24px;"> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; margin-bottom: 6px; width: 224px;"> </div> <div style="background-color: #f4f4f4; border-radius: 4px; flex-grow: 0; height: 14px; width: 144px;"> </div> </div> <p style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; line-height: 17px; margin-bottom: 0; margin-top: 8px; overflow: hidden; padding: 8px 0 7px; text-align: center; text-overflow: ellipsis; white-space: nowrap;"><a style="color: #c9c8cd; font-family: Arial,sans-serif; font-size: 14px; font-style: normal; font-weight: normal; line-height: 17px; text-decoration: none;" href="https://www.instagram.com/p/CfpFc24NhId/?utm_source=ig_embed&amp;utm_campaign=loading" target="_blank" rel="noopener">A post shared by Duke and Duchess of Cambridge (@dukeandduchessofcambridge)</a></p> </div> </blockquote> <p dir="ltr">Kate arrived on Court No. 1 during Norrie’s third set, with her husband joining her in the fourth, where they were photographed enthusiastically cheering on the Brit.</p> <p dir="ltr"><span id="docs-internal-guid-ad3a7e56-7fff-dbaf-6f25-13bec08fe7f8"></span></p> <p dir="ltr"><em>Image: Getty Images</em></p>

Relationships

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"Price I'm willing to pay": Novak breaks silence

<p>Novak Djokovic has broken his silence on being kicked out of Australia last month over his anti-vaccination status.</p><p>The famous men's tennis player had refused to publicly reveal his COVID-19 vaccination status until recently.</p><p>He confirmed in a tell-all interview with BBC he is not vaccinated against the virus which has brought the world to its knees over the past two years. However, he doesn’t consider himself to be an anti-vaxxer.</p><p>"I was never against vaccination," he told the BBC.</p><p>"But I've always supported the freedom to choose what you put in your body.”</p><p>"The principles of decision making on my body are more important than any title or anything else. I'm trying to be in tune with my body as much as I possibly can."</p><p>Djokovic was originally granted an exemption to enter Australia despite not being vaccinated, which the Victorian government and Tennis Australia had said was mandatory to play the Open in January.</p><p>But the federal government stepped in and sensationally cancelled his visa, before locking him up in hotel quarantine in Melbourne and then deporting him after a failed appeals hearing.</p><p>Djokovic was kicked out of the country and Rafael Nadal won the Open, pushing ahead of Djokovic and Roger Federer to set a new record for grand slams won.</p><p>Djokovic hasn't spoken publicly about the saga until now, saying he was “really sad and disappointed with the way it all ended for me in Australia," he said.</p><p>"It wasn't easy."</p><p>His vaccination status has already cost him one major tournament, and now the French Open has said it will also blacklist Djokovic unless he gets vaccinated.</p><p>But the world No.1 is prepared to miss grand slams to hold fast in his beliefs.</p><p>"Yes, that is the price that I'm willing to pay," Djokovic said.</p><p><em>Image: Getty </em></p>

Caring

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Kate and Wills attend COP26 reception, winning praise from Her Majesty

<p><em>Image: Getty </em></p> <p><span>Prince William and Kate Middleton led a royal reception as they met with world leaders at COP26 in Scotland on Monday night.</span></p> <p>The Duke and Duchess of Cambridge stunned the crowd wearing co-ordinating blue outfits as they stepped out to host a reception for the Earthshot Prize Awards in Glasgow.</p> <p>The royals spoke with guests as key members of the Sustainable Markets Initiative, and the winners and finalists of the first Earthshot Prize Awards, at the Clydeside Distillery.</p> <p>The couple were all smiles at the event. At one stage, Kate, 39, was seen attempting to give dead larvae – which is used as livestock feed – to her husband William, 39.</p> <p>Prince Charles, Camilla, and Britain’s Prime Minister Boris Johnson also attended the event, which was part of the broader COP26 talks.</p> <p>At the event, the guests all paused to watch and listen to the Queen’s speech as she addressed the world leaders from Windsor Castle, as she was not able to attend the event on Doctors' orders.</p> <p>She said she “couldn’t be more proud” of her son Prince Charles and grandson Prince William in their climate crisis fight – but Prince Harry was notably missed from her praise.</p> <p>The Queen also paid a touching tribute to her late husband Prince Phillip’s decades long climate fight. A spirit which she said now lives on in Charles and William.</p> <p>“It is a source of great pride to me that the leading role my husband played in encouraging people to protect our fragile planet lives on through the work of our eldest son Charles and his eldest son William,” said the Queen.</p> <p>“I could not be more proud of them.”</p> <p>The monarch said it was fitting for the COP26 talks to be taking place in Glasgow, as it was once the heartland of Britain’s industrial revolution. She paid homage to those who have enthusiastically taken on the climate crisis in their own lives, including the younger generation.</p> <p>It comes after Buckingham Palace announced this week that the Queen will only be undertaking “light, desk-based duties” as she recovers from illness. Wearing a green dress and butterfly broach, she instead spoke to the summit via video link.</p> <p>Addressing the world leaders via video, Her Majesty added: “In the coming days, the world has the chance to join in the shared objective of creating a safer, stabler future for our people and for the planet on which we depend.</p> <p>“None of us underestimates the challenges ahead."</p> <p>“But history has shown that when nations come together in common cause, there is always room for hope.”</p> <p>The Queen also urged the leaders to “rise above the politics of the moment” and ”achieve true statesmanship” when addressing the climate crisis.</p> <p>She ended her speech telling the world leaders that “the time for words has now moved to the time for action”.</p> <p>“Of course, the benefits of such actions will not be there to enjoy for all of us here today.”</p> <p>“But we are doing this not for ourselves but for our children and our children’s children, and those who will follow in their footsteps.”</p>

Family & Pets

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Why some people are willing to challenge bullying, corruption and bad behavior even at personal risk

<p>Utah Senator Mitt Romney voted in February to convict President Donald Trump on the charge of abuse of power, becoming the first senator ever to <a href="https://www.vox.com/2020/2/5/21125118/mitt-romney-impeachment-vote-history">vote against his own party’s president in an impeachment trial</a>.</p> <p>Two Theranos employees – Erika Cheung and Tyler Shultz – <a href="https://www.penguinrandomhouse.com/books/549478/bad-blood-by-john-carreyrou/">spoke out about their concerns</a> regarding the company’s practices, even though they knew they could face lasting personal and professional repercussions.</p> <p><a href="https://www.nytimes.com/2017/10/05/us/harvey-weinstein-harassment-allegations.html">Actors Ashley Judd</a> <a href="https://deadline.com/2019/12/harvey-weinstein-moment-of-reckoning-silence-breakers-ashley-judd-rose-mcgowen-1202803517/">and Rose McGowan</a> came forward to report <a href="https://www.cnn.com/2020/02/24/us/harvey-weinstein-trial-verdict/index.html">Harvey Weinstein’s sexual harassment and assault</a>, despite his threats to ruin their careers if they did so.</p> <p>All of these people spoke up to call out bad behavior, even in the face of immense pressure to stay silent. Although the specifics of each of these cases are quite different, what each of these people share is a willingness to take action. <a href="https://scholar.google.com/citations?user=-dCo5lYAAAAJ&amp;hl=en&amp;oi=ao">Psychologists like me</a> describe those who are willing to defend their principles in the face of potentially negative social consequences such as disapproval, ostracism and career setbacks as “moral rebels.”</p> <p><a href="https://www.hup.harvard.edu/catalog.php?isbn=9780674241831">Moral rebels</a> speak up in all types of situations – to tell a bully to cut it out, to confront a friend who uses a racist slur, to report a colleague who engages in corporate fraud. What enables someone to call out bad behavior, even if doing so may have costs?</p> <p><strong>The traits of a moral rebel</strong></p> <p>First, moral rebels generally <a href="https://doi.org/10.1080/10508422.2015.1012765">feel good about themselves</a>. They tend to have high self-esteem and to feel confident about their own judgment, values and ability. They also <a href="https://doi.org/10.1177/0146167209346170">believe their own views are superior</a> to those of others, and thus that they have a social responsibility to share those beliefs.</p> <p>Moral rebels are also <a href="https://doi.org/10.1016/j.jsp.2015.10.002">less socially inhibited than others</a>. They aren’t worried about feeling embarrassed or having an awkward interaction. Perhaps most importantly, they are far less concerned about conforming to the crowd. So, when they have to choose between fitting in and doing the right thing, they will probably choose to do what they see as right.</p> <p>Research in neuroscience reveals that people’s ability to stand up to social influence is reflected in anatomical differences in the brain. People who are more concerned about fitting in show <a href="https://doi.org/10.1016/j.cub.2012.01.012">more gray matter volume in one particular part of the brain</a>, the lateral orbitofrontal cortex. This area right behind your eyebrows creates memories of events that led to negative outcomes. It helps guide you away from things you want to avoid the next time around – such as being rejected by your group.</p> <p>People who are more concerned about conforming to their group also show <a href="https://doi.org/10.1016/j.jadohealth.2013.12.035">more activity in two other brain circuits</a>; one that responds to social pain – like when you experience rejection – and another that tries to understand others’ thoughts and feelings. In other words, those who feel worst when excluded by their group try the hardest to fit in.</p> <p>What does this suggest about moral rebels? For some people, feeling like you’re different than everyone else feels really bad, even at a neurological level. For other people, it may not matter as much, which makes it easier for them to stand up to social pressure.</p> <p>These characteristics are totally agnostic as to what the moral rebel is standing up for. You could be the lone anti-abortion voice in your very liberal family or the lone abortion rights advocate in your very conservative family. In either scenario it’s about standing up to social pressure to stay silent – and that pressure of course could be applied about anything.</p> <p><strong>The path of a moral rebel</strong></p> <p>What does it take to create a moral rebel?</p> <p>It helps to have <a href="https://psycnet.apa.org/record/2005-08753-003">seen moral courage in action</a>. Many of the civil rights activists who participated in marches and sit-ins in the southern United States in the 1960s had parents who displayed moral courage and civic engagement, as did many of the Germans who rescued Jews during the Holocaust. Watching people you look up to show moral courage can inspire you to do the same.</p> <p>A budding moral rebel also needs to feel empathy, imagining the world from someone else’s perspective. Spending time with and really getting to know people from different backgrounds helps. White high school students who had more contact with people from different ethnic groups – in their neighborhood, at school and on sports teams – have higher levels of empathy and see people from different minority groups in <a href="https://doi.org/10.1111/josi.12053">more positive ways</a>.</p> <p>These same students are more likely to report taking some action if a classmate uses an ethnic slur, such as by directly challenging that person, supporting the victim or telling a teacher. People who are <a href="https://doi.org/10.1007/s11292-010-9109-1">more empathetic</a> are also more likely to defend someone who is being bullied.</p> <p>Finally, moral rebels need particular skills and practice using them. One study found that teenagers who <a href="https://doi.org/10.1111/j.1467-8624.2011.01682.x">held their own in an argument with their mother</a>, using reasoned arguments instead of whining, pressure or insults, were the most resistant to peer pressure to use drugs or drink alcohol later on. Why? People who have practiced making effective arguments and sticking with them under pressure are better able to use these same techniques with their peers.</p> <p>Moral rebels clearly have particular characteristics that enable them to stand up for what’s right. But what about the rest of us? Are we doomed to be the silent bystanders who meekly stand by and don’t dare call out bad behavior?</p> <p>Fortunately, no. It is possible to develop the ability to stand up to social pressure. In other words, anyone can learn to be a moral rebel.<!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><span><a href="https://theconversation.com/profiles/catherine-a-sanderson-1126074"><em>Catherine A. Sanderson</em></a><em>, Poler Family Professor and Chair of Psychology, <a href="https://theconversation.com/institutions/amherst-college-2155">Amherst College</a></em></span></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/heres-why-some-people-are-willing-to-challenge-bullying-corruption-and-bad-behavior-even-at-personal-risk-140829">original article</a>.</em></p>

Mind

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The rise of DIY wills and why you shouldn’t go there

<p><span style="font-weight: 400;">If you don’t have a legal background, navigating through a will can be an incredibly daunting experience. </span></p> <p><span style="font-weight: 400;">And although they can be an expensive process when going through the official hoops to sort one out for yourself or a loved one, it is an important and necessary cost. </span></p> <p><span style="font-weight: 400;">Without proper legal guidance, navigating through the correct procedure can often mean your creation and estate planning process can be an experience that can result in complications, drawn out time periods and costly court proceedings. </span></p> <p><span style="font-weight: 400;">Bennett &amp; Philip lawyer, Geoff Armstrong says “Do it yourself” wills is not the best process to choose even if they may be cost-effective. </span></p> <p><span style="font-weight: 400;">“It is common for us to see homemade wills that don’t meet legal requirements,” he explained.</span></p> <p><span style="font-weight: 400;">“The difference is if you have a professionally drawn will and you have to apply for a probate in the court, there’s rarely a problem. If you have a homemade will that isn’t correct, you may have to go to a judge to get it accepted as a valid will and it would cost a lot of money, in many cases between $30,000 and $50,000.”</span></p> <p><span style="font-weight: 400;">Mr Armstrong urges those with a professional or DIY will to review them every two or three years. </span></p> <p><span style="font-weight: 400;">“…If there has been a big life change for example a marriage, divorce, having children or grandchildren, something you’ve gifted no longer exists or a beneficiary dying or losing capacity – these changes can significantly affect a will and an appropriate amendment is required,” he said.</span></p> <p><span style="font-weight: 400;">Mr Armstrong advises those managing wills of their own or loved ones to implement these questions if you want to go down the correct path. </span></p> <p>Who will your executors and beneficiaries be?</p> <p><span style="font-weight: 400;">Choosing the key people who will play a huge part in dividing all your interests and assets in your will can be a difficult decision to make. While executors have the responsibility of looking after your will and dictate your funeral wishes or gifts, beneficiaries are the people who inherit what is yours. </span></p> <p><span style="font-weight: 400;">Typically, children, spouse, or other family members are chosen as beneficiaries, but you are not required to do this. </span></p> <p><span style="font-weight: 400;">Charities, organisations or trusts can obtain your belongings, after all it is a decision that is completely yours alone. </span></p> <p><span style="font-weight: 400;">“But whoever you do decide, it’s important to ask them first and include their full names with as much detail as you can,” Mr Armstrong said. </span></p> <p><span style="font-weight: 400;">“Some people choose a professional executor such as a lawyer or accountant because they are independent from the family and managing at arms-length.”</span></p> <p>What are your funeral wishes or special gifts to give?</p> <p><span style="font-weight: 400;">You may wish to have your body cremated and ashes scattered in a special place. If so, it is important to include this in your will. While it is not a legally binding agreement, it is still important you make clear what you want to happen for yourself when you go. </span></p> <p><span style="font-weight: 400;">Mr Armstrong said: “I previously had a case in England where a woman wished for her Jack Russel to be euthanised immediately after she passed away, so they could meet up on the ‘other side’. </span></p> <p><span style="font-weight: 400;">“When she did pass her dog was with the neighbour, who sent the dog away because it was perfectly healthy and did not need to be put down. </span></p> <p><span style="font-weight: 400;">“Upon further discussion, it was decided not to focus our efforts in locating the canine as it would cost thousands of pounds in the process at the expense of the ultimate beneficiary.”</span></p> <p>Who will look after your pets if you have any?</p> <p><span style="font-weight: 400;">While you cannot physically leave items or money to your pets, you can decide to leave them to someone else with a gift of money to cover the cost it would take to look after them.</span></p> <p><span style="font-weight: 400;">“Whatever future you want for your pet, be sure to include it in your will.” Mr Armstrong advises.</span></p> <p><span style="font-weight: 400;">“Because it is not legally binding, people do forget about their pets but in an emergency, the executor can take care of them.”</span></p> <p><span style="font-weight: 400;">While it may be difficult to decide what to put in your will, you can always start by asking yourself these simple questions. </span></p> <p><span style="font-weight: 400;">Should you require expert legal advice on wills and estates or any other legal matter, Bennett &amp; Philp’s Geoffrey Armstrong can be contacted at </span><a href="mailto:garmstrong@bennettphilp.com.au"><span style="font-weight: 400;">garmstrong@bennettphilp.com.au</span></a><span style="font-weight: 400;"> or on (07) 3001 2960.</span></p>

Legal

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Why “ethical wills” are becoming so popular

<p><em><strong>Rose Osborne, 67, was a registered nurse for 45 years before retiring to become a personal historian, owner and creator of </strong></em><strong><span style="text-decoration: underline;"><a href="http://www.writemyjourney.com/" target="_blank">Write My Journey</a></span></strong><em><strong>, a life story writing service that turns memories into a beautiful hardcover book.</strong></em></p> <p>Ethical wills are becoming quite popular in Australia as they have been in America for some time. They are a celebration of you, the person, and I like to call them that: A Letter of Life Celebration.</p> <p><strong>What is an ethical will?</strong></p> <p>An ethical will reflects your values, life messages and dreams and may even include some ‘tough love’ or ‘building a bridge’ thoughts to your family and friends. It is a direct communication with your loved ones and will say all those things you wished you had said, could say, and need to say. It is the most important gift you can give and carries more emotion and personal significance than all your wealth and material goods.</p> <p>An ethical will or a legacy letter is not a legal document, but is often kept in your private papers folder, by your solicitor or estate planner. They are not new and many references can be found in the Bible, medieval times and throughout the centuries. Modern day uses have no boundaries and cross all ages, ethnicities and circumstances and the practice has been mentioned as an aid to estate planning, health care directives and spiritual healing according to articles in business magazines and Bar Association newsletters. Even Barack Obama has got in on the act with an ethical will to his daughters.</p> <p><strong>Why your family will love them</strong></p> <p>Your family will love them because their content will come from your heart. The messages will rise from your soul and articulate what was important to you, and what you would say if your family was standing in front of you.</p> <p><strong>When do you give it to them?</strong></p> <p>The decision when to give it to the family is yours alone. Some will leave it to be distributed with their final Will and Testament or to be read as their eulogy, but there is a growing trend to share it at other times.</p> <p>Some are having their letter of life celebration read at a significant birthday or family get together and having it printed as a memento. Others are writing a book for family distribution, creating a box of memories containing written documents, artifacts and USBs or CDs or whatever seems a suitable rite of passage for this important communication.</p> <p><strong>How are they different to life stories and biographies?</strong></p> <p>Life stories and biographies are about events in your life journey. They will talk about your joys and accomplishments, your everyday experiences and how you achieved your many challenges.</p> <p>Ethical wills are more emotional and personal, reflecting values and integrity. Often families say, ‘I wish I had taken time to know the real person’. This is what an ethical will represents.</p> <p>An ethical legacy is about giving your family the opportunity to know you and be guided by your wisdom and deeper values. It will give you time to explain perhaps a decision you made, clarify a direction you took or even to say you are sorry. It is an opportunity to say well-done and ‘I am so proud of you’. But most of all, it is an honest communication between you and your family or community and won’t be hindered by the rush and fast pace of life.</p> <p><strong>When should you write your ethical will?</strong></p> <p>Anytime of course is the answer, but people do tend to write them when they are facing a transition in their life or a turning point, that maybe due to illness, age or circumstance.</p> <p>For you writing your ethical legacy will be a reflective journey on lessons you have learnt, the wisdom you have accumulated and the struggles and missed opportunities that saddened you. They will clarify and focus your life purpose and gather your clan together as a family unit that has value.</p> <p><strong>Why should you write your ethical will?</strong></p> <p>Reflecting on your life journey will give you a sense of accomplishment and completion knowing you have completed something that will support and nurture your family. You will learn much about your inner self, what you stood for and what has personal meaning.</p> <p><strong>How do you write your ethical will?</strong></p> <p>Ethical wills have no formal structure or length, so can be assembled in any way you choose. They can be formal or informal, a diary of notes and comments, a poem or a song, a video or audio.</p> <p><strong>An audio or video is a great tool</strong></p> <p>A smart phone is a great tool to create a video or audio. Making small videos as you sit reflecting on your life would make a wonderful gift or combining a video with a book or letter even better.</p> <p>Writing your legacy document and then reading it in front of your video recorder is a wonderful way to ensure your family will catch every word.</p> <p><strong>How to start?</strong></p> <p>You could start by reflecting on your family and what life messages you took from them or you learnt from other sources, what were the most important lessons you learnt and what family traditions mean the most to you and why.</p> <p>You can repeat that process with your professional life, your life experiences, your guiding principles and hopes for your future. Make notes as you go and take your time teasing all the points you wish to make. Unpack all your thoughts and examine them as to their significance, what influenced you in your decisions, what you would do again or maybe not repeat.</p> <p>Now is <strong>not</strong> the time to be afraid to face your truths and ask yourself the ‘hard questions’.</p> <p>Getting everything on paper is a great way to start the construction of your ethical will.</p> <p>Some may prefer just getting it all out there, but others may prefer pre-writing and editing a planned document more efficient.</p> <p><strong>If you need help</strong></p> <p>If you need help, <em>Write My Journey</em> is always there to help you along in your journey to make a difference to your loved ones.</p> <p><a href="http://writemyjourney.com/letter-of-life-celebration/" target="_blank"><strong><span style="text-decoration: underline;">Here are some examples on my website to get you going</span></strong></a>.</p> <p><em>OFFER: If you would like Write My Journey to write your life story, contact us for a FREE 15-minute review on your life story. Rose Osborne also does guest speaking to small groups on Writing your Life. If you want more information, read your way through my website, </em><span style="text-decoration: underline;"><strong><a href="http://www.writemyjourney.com/" target="_blank">www.writemyjourney.com</a></strong></span><em>. </em></p>

Family & Pets

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The most common mistakes people make in their wills

<p>Wills are in the blood for Chris Kelly. His father worked for the Public Trust and now that Kelly is a lawyer, he sees a lot of them.</p> <p>Naturally, he has seen some horror stories. Parents cutting children out of their wills, children from a first marriage contesting a second family's inheritance.</p> <p>But for the most part, wills go smoothly and uncontested.</p> <p>"When they work well, they work well."</p> <p>As people age, the number without wills drops, to the point where only 5 per cent of us die "intestate".</p> <p>But that figure doesn't capture the large number of people who have so few possessions that the matter does not need to go to court.</p> <p>"If you go to the bank and say, 'my dad's died, all he's got is $10,000 in the bank and here's the funeral bill I've got to pay', the bank will give you some forms . . . they can pay out the money," says Kelly.</p> <p>For many of us, however, life is a lot messier. People marry, live in de facto or civil unions, divorce, remarry and sometimes have children to several partners.</p> <p>And while it would be nice to think that all families deal with death harmoniously, the fact is that they don't.</p> <p>"The thing I see most is elderly people coming in and they've had a bit of a falling out with someone in the family and they cut them out of their will," says Kelly. "And it's really not a good idea."</p> <p>So his rule number one for will-making is: try to be fair.</p> <p>"Don't play favourites," says Kelly. "In the end you don't do anyone any great favours by giving them a big chunk of your estate if they then have to go to court and battle over it."</p> <p>Second marriages or partnerships can be particularly tricky. Sometimes the deceased cuts their children out altogether, which almost begs for a challenge.</p> <p>Alternatively, the dead person leaves the second partner with a "life interest" in the house and the interest on any investments, with the remainder going to the children of the first relationship when they die. Usually no one is chuffed with this arrangement either, says Kelly.</p> <p>"What you've then got is a second spouse who are usually a bit younger, who live longer than anyone anticipated, so as far as the children are concerned, they're never going to see their inheritance.</p> <p>"The second spouse feels like she can't change house, she can't do anything with the money because it's all tied up... nobody's happy."</p> <p>So rule number two is: don't create a "trust-like" situation in your will.</p> <p>Having said that, there is a place for family trusts. Assets placed in a trust while you are still alive are much more difficult to contest than a will because they are no longer part of your estate.</p> <p>Otago University law professor Nicola Peart says it is equally common for beneficiaries to come to an arrangement, even if it goes against the original will.</p> <p>"You could have a situation where, for example, dad is going to leave all his property to his daughter because he feels that his daughter is the one who needs the money and his son does not at all.</p> <p>"And when dad dies, son gets really upset and the daughter may say, 'I agree, I don't think that's fair', and they split it between them. And the problem goes away."</p> <p><strong>Splitting up</strong></p> <p>One of the best ways to future proof your will is to keep it up to date with changing circumstances, especially relationships.</p> <p>In the case of marriage, for instance, only divorce stops your spouse from having a claim to your estate. So people who are separated but not divorced are often surprised to find their ex could inherit unless they change their will, says Peart.</p> <p>Current de facto partners have rights, but former partners have no claim. However, if an ex de facto partner is named in the will, they still stand to inherit. That is because, unlike marriage, there was no divorce to trigger their exclusion and the claim is treated like a gift, says Peart.</p> <p>"You may well find that the person from whom you've been separated for 20 years suddenly inherits your estate."</p> <p>And just in case you think this never happens, Peart does tell one cautionary tale where the husband was jailed for abusing his wife.</p> <p>"They didn't get together again after he came out of prison, he left, she never made a will and when she died 15-20 years later, out of the woodwork he came. She had no children, she had nobody else, he took the lot."</p> <p><strong>No will</strong></p> <p>The only thing messier sometimes than carrying out a will is the absence of one. When that happens, the courts step in and ask a family member or a lawyer to be the "executor", the person who administers the will.</p> <p>Where there is no will, the court follows a strict formula, distributing to partners, children and/or parents. If no relatives exist, the Crown gets it all..</p> <p>Even when the deceased has a partner, the formula decrees that parents receive a share of the estate. That is often a shock to the partners, says Peart, and a good incentive to state your own wishes.</p> <p>Costs People who fear the cost of making a will sometimes do not realise that it can be virtually free.</p> <p>Some lawyers will do it for you if you already have business with them or if they get to administer the will. Corporate trustees such as the Public Trust will also do it for a low fee.</p> <p>If your affairs are complicated, getting legal advice is strongly advised. But make sure that you ask what the lawyer's fees are likely to be. Questions you should ask are whether the fees will be a set fee or a percentage of the estate and whether the firm expects to be appointed the executor.</p> <p>For a long time, the Public Trust was considered a low-cost option for will-making. Matt Sale, its retail general manager, says there are some unhelpful myths out there including that the trust demands to be made the executor and charges commission.</p> <p>The truth is that it uses set fees, charging for extra time by the hour, and allows people to appoint their own executor.</p> <p>"Having said that, we often encounter beneficiaries who decide they are not well enough equipped to deal with the legalities and in a lot of instances, request us to undertake the administration of the estate, acting alongside the executor."</p> <p>Each will needs an executor and one or two trustees, who keep an eye on the estate.</p> <p>Choosing a good executor is important to a smooth process, and many people try to reduce costs by asking a family member.</p> <p>But it's a big job and executors can quit if it all gets too much, so having an independent trustee involved can be a good idea.</p> <p>Another option for the thrifty is a do-it-yourself will, but lawyers invariably warn against them.</p> <p>Kelly, who spends much time untangling DIY wills, says basic mistakes include not having the will signed and witnessed properly. Even a simple mistake like removing staples from a will to photocopy it can be a trap.</p> <p>"The court writes back and says, 'confirm that no other document concerning this will is attached because we can see the holes there.</p> <p>How do we know that there wasn't another document that changed the will?'</p> <p>"So you've got to go round and find whoever had the will and get affidavits and file it, and by the time you've fiddled around with doing all that, the fees are mounting up."</p> <p><strong>My precious</strong></p> <p>It is amazing what becomes valuable to family members when a person is gone.</p> <p>Family photos are just as liable to start a feud as jewellery and art.</p> <p>So to avoid those battles, it's a good idea to document who gets some of your most loved treasures in your will.</p> <p>And then there is the most precious of assets - young children. Although wills are about assets, it is worth thinking about guardianship.</p> <p>Nominating a guardian is particularly useful in the case of parents who have split.</p> <p>Surviving partners always have some form of custody but you can still have a presence in your children's lives by appointing a friend or family member as their fellow guardian.</p> <p>You will probably also want to think about money for their care. Unless you specify otherwise, the children will not be able to access any inheritance until they are 20. If your partner or ex ends up looking after them, they may need access to the funds to help with the children's care, something the courts may do anyway.</p> <p><em>Written by Catherine Harris. First appeared on <a href="http://www.stuff.co.nz/" target="_blank"><strong><span style="text-decoration: underline;">Stuff.co.nz</span></strong></a>. </em></p>

Legal

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The dangers of a DIY will

<p><em><strong>Richard Neave is a partner specialising in commercial, property and trust law, at Duncan Cotterill.</strong></em></p> <p>DIY wills are becoming increasingly popular as a quick, cheap option to put a will in place, but care is required. The legal and financial risks to your executors and your loved ones could be major.</p> <p>A homemade will, or an online will (both examples of DIY wills), may look like the faster, cheaper, option when compared with finding the time to go and meet with your lawyer, but there are numerous risks.</p> <p>For example, your will may not comply with the <a href="http://www.oversixty.com.au/finance/legal/2014/11/why-you-need-to-appoint-a-power-of-attorney-now/" target="_blank"><strong><span style="text-decoration: underline;">legal formalities required for a will</span></strong></a>, or it may contain drafting errors or omissions which result in unintended consequences. All of these could end up costing your executors thousands of dollars to rectify.</p> <p>If your estate is modest, this will further diminish the value of your estate, which means less for the beneficiaries under your will.</p> <p>The courts are seeing an increased number of wills that have been generated from online websites. Many of these are deficient in a number of respects and cost significantly more to fix than to get right in the first place.</p> <p>For example, in completing the will, the DIYer may omit to input the names of their intended beneficiaries into the correct part of the will.</p> <p>Some DIY wills follow a 'fill in the gaps' format, but they are not so easy to follow. Sometimes the person completing the will omits this information by accident or innocently believes that if they have already referred to the person in another part of their will, for example named them as the executor in their will, then that also covers reference to them as the beneficiary of their will.</p> <p>Sadly, it does not, and in this scenario, a partial intestacy will result. <a href="http://www.oversixty.com.au/finance/legal/2016/12/why-you-need-to-update-your-will/" target="_blank"><strong><span style="text-decoration: underline;">If you have not named a beneficiary</span></strong></a> in relation to a gift in your will, the beneficiary you intended to leave that gift to will miss out in favour of those entitled under the Administration Act 1969 which deals with those who receive under intestate estates.</p> <p>It is possible that if you have left written instructions as to how you intended to dispose of your estate or you have told a family member or close friend who you have benefited under your DIY will, then the written instructions may be used as evidence or the person you told may be able to give evidence after your death.</p> <p>Your executors could also look at applying to the High Court to correct the will. They would of course need to have sufficient evidence to establish what you intended.</p> <p>Again, this will be an expensive and time-consuming process, especially if other affected parties choose to challenge your application and obtain their own legal advice, resulting in a full court hearing.</p> <p>It will also delay the <a href="http://www.oversixty.com.au/finance/legal/2017/03/why-housing-affordability-could-be-the-biggest-issue-facing-seniors/" target="_blank"><strong><span style="text-decoration: underline;">administration of your estate</span> </strong></a>and may cause unnecessary stress to your family and loved ones who may end up financially worse off, or with nothing at all. It is very easy for this to happen.</p> <p>Before you sign your DIY will, you must read each clause carefully. If you are in any doubt, ask for assistance.</p> <p>It's certainly important to have a will and we encourage people to make wills. However, there is peace of mind in knowing that your will is legally valid, that the original is held in safe custody, and that the people you intend to benefit will actually benefit</p> <p>A will should also be reviewed every five years, or earlier, on the happening of major life events such as getting married, buying a home, having children or the death of a loved one. There are numerous benefits in consulting with a lawyer.</p> <p>A good lawyer will take the time to talk to you about your family and your relationships, to understand your estate planning goals, your assets and liabilities and also talk to you about any risks such as claims that could be made against your estate and how you can best minimise or deal with these in your lifetime.</p> <p>Have you ever considered a DIY Will?</p> <p><em>Written by Richard Neave. First appeared on <a href="http://www.stuff.co.nz/" target="_blank"><strong><span style="text-decoration: underline;">Stuff.co.nz</span></strong></a>.</em></p> <p><em>Any advice contained in this communication is general advice only. None of the information provided is, or should be considered to be, personal financial advice.</em></p>

Legal

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Ridiculous amount someone willing to pay for photo of potato

<p>Someone out there in the art world obviously has more money than sense or an unhealthy fascination with potatoes, or both!</p> <p>Photographer Kevin Abosch has recently sold a photograph of a potato for £750,000 ($1.5 million).</p> <p>Mr Abosch is better known for taking portraits of celebrities like Johnny Depp, Bob Geldof and Steven Spielberg and even he acknowledged the price tag for the vegetable was a little absurd.</p> <p><img width="300" height="308" src="https://oversixtydev.blob.core.windows.net/media/14479/kevin-in-text.jpg" alt="Kevin In Text" style="display: block; margin-left: auto; margin-right: auto;"/></p> <p><em>Kevin Abosch self portrait</em></p> <p>Mr Abosch reportedly sold the photo over dinner with a wealthy businessman.</p> <p>"We had two glasses of wine and he [the businessman] said, 'I really like that.' Two more glasses of wine and he said: 'I really want that,' “Abosch said, "We set the price two weeks later. It is the most I have been paid for a piece of work that has been bought [rather than commissioned]."</p> <p>So wine had a little bit to do with the transaction. Well, that probably makes sense.</p> <p><em>Image credit: Twitter / Kevin Abosch</em></p> <p><strong>Related links:</strong></p> <p><span style="text-decoration: underline;"><em><a href="/news/news/2016/01/grandma-finds-out-granddaughter-having-triplets/"><strong>Watch this Grandma find out her granddaughter is having triplets</strong></a></em></span></p> <p><span style="text-decoration: underline;"><em><a href="/news/news/2016/01/man-old-blanket-worth-a-fortune/"><strong>Man finds out old blanket is worth a fortune</strong></a></em></span></p> <p><span style="text-decoration: underline;"><em><strong><a href="/news/news/2016/01/baby-elephant-best-friend-dog/">Baby elephant rejected from its herd finds unlikely new best friend in a dog</a></strong></em></span></p>

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