The Wills and Estates Transmission

Continuing the series, in this episode, Tony speaks again with John de Groot, Partner at de Groots, about one of the most important—and often misunderstood—topics in estate planning: capacity. Capacity issues are increasingly common as our population ages, and they play a critical role in determining whether wills, enduring powers of attorney, and other estate planning documents are valid. John explains the legal definition of capacity, the “red flags”solicitors need to look out for, and the fine balance between respecting a client’s autonomy and protecting against undue influence or incapacity. 

In this episode, we are joined by John de Groot, Partner and Co-Founder at de Groots Wills & Estate Lawyers, to explore the growing impact of artificial intelligence on thelegal profession and estate planning. Key TopicsCovered: AI in LegalPractice – Why relying on AI for court submissions has already caused serious issues, including hallucinated cases and quotes. Court Responses How the NSW Chief Justice now requires affidavits and witness statements to confirm AI was not used. Practical Uses ofAI – Positive examples of AI in law, from drafting managing director role descriptions to generating detailed executor checklists and even funeral arrangements. The Human FactorWhy empathy, sympathy, and the trusted adviser role remain irreplaceable despite AI advancements. Fraud & Identity Theft The rising risks in estate administration, including email scams and beneficiary impersonation, plus practical steps lawyers use to safeguard client funds. Digital Assets & Cryptocurrency Real-world examples of lost digital wealth and why planning for crypto access is now essential in wills. Technology & the Courts How COVID-era changes, such as remote witnessing and electronic filing, continue to shape the legal process.

Tony Skinner and Kate Varcoe discuss the complexities of making bequests, particularly to institutions like the Gallery of Modern Art (GOMA). Kate, a lawyer and future collective member of QAGOMA,explains the different types of bequests, including pecuniary legacies, specific assets, and residue. She emphasises the importance of clear communication with bequest officers to ensure funds are used effectively and correctly. Kate also highlights common issues, such as incorrect beneficiaries or unsuitable assets, and advises on the need for careful consideration and specialist legal advice to avoid administrative and tax complications.

In this podcast episode, Tony and Maree Harris discuss theintricacies of contesting a will in New South Wales. They explore the differences between contesting andchallenging a will, the role of the Supreme Court, the steps involved in contesting a will, the evidence required for a claim, and the importance of seeking legal advice early in the process. The conversation emphasises the high likelihood of settlingdisputes through mediation and the significance of understanding one's rights and entitlements in estate matters.

Danielle continues the discussion on the importance of andthe legally binding effect of Advanced Health Directives (AHDs), their role in guiding healthcare decisions, family disputes and the conditions under which they take effect. An AHD must be witnessed by a justice of the peace orsimilar to be valid. It can include refusals of life-sustaining treatments underspecific conditions, such as terminal illness or persistent vegetative state. The AHD should be stored securely and shared with trustedindividuals and healthcare providers. Legal advice is recommended for those unsure about theirdirectives. Disputes among family members can arise, but the AHD'sdecisions must be followed unless contrary to good medical practice.

Danielle from de Groots Wills and Estates Lawyers explains the importance of Advance Health Directives (AHDs) in Australia, which allow individuals to specify their future healthcare wishes and appoint attorneys. There are two types: common law and statutory directives,with legal recognition varying by state. In Queensland for example, only statutory directives arelegally binding. AHDs differ from Enduring Powers of Attorney, which coverfinancial matters. They also specify consent or refusal of treatments,including DNR orders and organ donation. If no AHD is in place, healthcare decisions are made by astatutory health attorney, prioritising the spouse, carer, or close friend.Danielle defines an AHD as a document that allowsindividuals to express their future healthcare wishes and appoint attorneys to make decisions on their behalf.Join us on part 2 where we continue this important discussion.

Danni and Jessica emphasises the critical importance of properly documenting financial arrangements, such as gifts and loans, especially within family dynamics. They discuss the potential legal implications of failing to document these arrangements, including the risk of disputes and costly litigation. Jessica and Danni advocate for engaging specialist estate planners to ensure that these arrangements align with overall estate plans and to mitigate risks associated with undue influence and capacity issues. Highlighting the need for independent legal advice and the importance of clear communication among family members regarding financial intentions.Chapters00:00Understanding the Importance of Documentation06:13Engaging a Specialist Estate Planner11:43Consequences of Poorly Documented Arrangements

In this episode of the Wills and Estates Transmission Podcast, Tony Skinner and Max Williams discuss the intricacies of estate administration following the grant of probate or letters of administration. They cover essential topics such as the responsibilities of executors, the process of advertising for claims, the payment of executors, property ownership issues, navigating financial institutions, the superannuation claims process, the continuation of legal actions after death, and considerations for leaving assets to not-for-profit organisations. The conversation emphasises the importance of seeking legal advice to avoid personal liability and ensure proper administration of the estate. Understanding the Grant of Probate 03:59Executor Responsibilities and Payment 08:05Property Ownership and Inheritance 11:54Navigating Financial Institutions 12:52Superannuation Claims Process 16:44Legal Actions Post-Death 18:55Considerations for Not-for-Profit Bequests 20:44The Importance of Legal Advice for Executors

Tony Skinner welcomes listeners and introduces John de Groot and Rachel Ryan. John de Groot explains the importance of enduring powers of attorney in estate planning. John highlights that enduring powers of attorney continue to be effective even if the principal loses capacity. Rachel Ryan emphasizes the importance of appointing trustworthy attorneys who can make decisions in the principal's best interests. Rachel discusses the need for attorneys to have the necessary skills to handle the principal's affairs. Rachel mentions the importance of providing specific guidance and direction to attorneys. Rachel highlights the need for detailed instructions on the care of pets, especially if they are part of the family. John de Groot discusses the importance of providing detailed instructions on pet care, including dietary preferences and playmates. John mentions that these instructions help ensure the pet receives the same level of care as provided by the principal. Rachel Ryan adds that specific authority to use funds for pet care is crucial. John and Rachel agree that these instructions are essential for maintaining the quality of life for pets. John de Groot discusses the importance of authorizing attorneys to spend money on home care and modifications. Rachel Ryan adds that some clients prefer to live at home as long as possible but want to avoid burdening their family. John mentions that clients may want their attorneys to identify quality nursing home environments if living at home becomes impractical. Rachel highlights the need for customized arrangements to balance home care and family dynamics. John de Groot discusses the importance of authorizing attorneys to continue financial support for grandchildren and other family members. Rachel Ryan shares an example of a client who wanted her attorney to spend up to $2 million on purchasing a residence for a family member. John emphasizes the need for specific instructions to ensure that the client's plans are not thwarted by a loss of capacity. Rachel and John discuss the importance of authorizing attorneys to continue making gifts and loans as per the principal's wishes. John de Groot discusses the importance of authorizing attorneys to continue living arrangements with family members. Rachel Ryan highlights the increasing trend of adult children living with their parents and the need for clear instructions on their continued residence. John mentions that specific instructions can help avoid conflicts among siblings regarding living arrangements. Rachel and John agree that clear instructions are essential to maintain family harmony and ensure the principal's wishes are fulfilled. John de Groot discusses the importance of authorizing attorneys to fulfill the principal's lifestyle preferences, such as drinking wine or visiting the beach. Rachel Ryan adds that lifestyle costs should be considered when drafting enduring powers of attorney. John mentions that lifestyle preferences should be integrated into the document to ensure the principal's quality of life is maintained. Rachel and John agree that lifestyle instructions are crucial for maintaining the principal's well-being. Rachel Ryan discusses the importance of authorizing attorneys to handle loans and family trusts as per the principal's wishes. Rachel mentions that loans between family members can cause issues if not handled correctly. Rachel explains that attorneys need flexibility to decide whether to call in loans or allow them to remain unpaid. John de Groot agrees that each case is different, and specific instructions are necessary to avoid disruptions. Rachel Ryan discusses the importance of strategic gifting to minimize disputes post-death. Rachel mentions that some clients authorize attorneys to withdraw superannuation entitlements and gift them to family trusts. Rachel explains that this strategy helps minimize the size of the personal estate and reduce the risk of challenges. John de Groot agrees that strategic gifting is an important part of the overall estate plan. John de Groot summarizes the key points discussed, including pets, home care, gifting, and lifestyle preferences. John emphasizes the importance of customizing enduring powers of attorney to reflect the principal's life and family dynamics. Rachel Ryan adds that specific instructions help ensure that the principal's wishes are fulfilled even if they lose capacity. John and Rachel encourage listeners to consider these issues when creating their enduring powers of attorney. Chapters 00:00 The Importance of Enduring Powers of Attorney 03:21 Care of Pets and Home Care 06:33 Financial Support for Family Members 08:01 Lifestyle Preferences and Customisation

The conversation discusses the importance of having a will and the consequences of not having one. It emphasises that a will is not a set and forget document and needs to be updated to reflect life changes. The conversation also highlights the importance of appointing guardians for minor children and the need to consider their changing needs and circumstances. It mentions cases where wills were not properly updated or were disputed, leading to legal complications. The conversation concludes by stressing the value of consulting an estate planning lawyer for comprehensive and legally binding estate planning.Chapters00:00 Introduction and Importance of Updating Your Will01:37Appointing Guardians for Minor Children07:58The Value of Consulting an Estate Planning Lawyer

The conversation covers two main themes: leaving specific gifts in an estate and leaving charitable requests in a will. When leaving specific gifts, it is recommended to leave a percentage of the residue rather than a fixed sum of money, as the value of the estate may fluctuate. Leaving a residuary gift in percentages ensures that the value of the gift adjusts accordingly. The conversation also highlights the importance of correctly identifying charities in the will, as different arms of a charity may have different taxation statuses. It is crucial to reach out to the charity to ensure the correct identification and to discuss any specific gifts that may require special arrangements. 00:00 Leaving Specific Gifts in an Estate 04:02 Identifying Charities in a Will 08:38 Crafting an Estate Plan

Tony Skinner welcomes Emma Gisbert and introduces the topic of pecuniary legacies and residuary gifts. Emma explains that pecuniary legacies involve specific gifts of money, such as leaving a sum to a friend or family member. Residuary gifts are the remaining estate after all specific gifts and pecuniary legacies have been distributed. Tony Skinner inquires if allowances for pecuniary legacies are always necessary. Emma clarifies that it depends on the will maker's intentions; not all wills require such allowances. Emma elaborates on specific gifts, which can include items like artwork, property, or jewelry, specified in the will. Emma provides an example of a couple wanting their entire estate to pass to each other, without leaving gifts to others. Tony Skinner asks if distributions to charities can be done via percentage. Emma confirms that estate distribution methods are flexible, including fixed amounts or percentages to charities. Tony Skinner inquires about tax implications in estate planning. Emma explains that tax implications vary based on assets and beneficiaries, emphasizing the need to consider them in the estate plan. Tony Skinner raises the topic of cryptocurrencies and their fluctuating values. Emma acknowledges the complexity of cryptocurrencies and digital assets in estate planning. Emma explains the challenges of managing cryptocurrencies, including jurisdictional issues and the need for access keys. Emma emphasizes the importance of including digital assets in the estate plan and considering their management. Tony Skinner and Emma discuss the need for experts in estate planning to handle complex issues like cryptocurrencies. Emma highlights the evolving nature of cryptocurrencies and their multi-jurisdictional aspects. Emma reiterates the importance of clearly identifying specific gifts in a will to avoid complications. Emma concludes by emphasizing the need for a holistic approach, involving accountants and other professionals as needed. Tony Skinner thanks Emma for her insights and contributions to the podcast. Emma summarizes key takeaways, including the importance of clear estate planning intentions and considering all implications. Max reminds listeners to subscribe to the podcast and visit the website for more information. Max advises listeners to seek legal advice for their specific circumstances and not rely solely on the podcast content. TranscriptAction ItemsOutlineUnderstanding Pecuniary Legacies and Residuary GiftsFlexibility in Estate PlanningDistributing Estates to Charities and Tax ImplicationsConsiderations for Cryptocurrencies and Digital AssetsHolistic Approach to Estate PlanningFinal Thoughts and Call to Action 00:18 Difference between Pecuniary Legacies and Residuary Gift 01:27 Making Allowance for Pecuniary Legacies and Specific Gifts 03:24 Distributing Estate via Percentage 04:28 Tax Implications in Estate Planning 06:35 Considerations for Cryptocurrencies 08:33 Complexities of Digital Assets 09:40 Conclusion

Max discusses the potential consequences of not appointing one's own power of attorney, highlighting the difficulty of removing someone once they are in the role. Tony Skinner inquires about the possibility of appointing multiple attorneys, prompting a discussion on the pros and cons of joint and successive appointments. Appointing Multiple Attorneys and Their Operational Considerations Max explains the considerations when appointing multiple attorneys, including whether they should act together or successively. He emphasizes the importance of appointing a successor in case both primary attorneys lose capacity simultaneously. Max discusses the need for clear communication among multiple attorneys, especially if they are family members who may not get along. Tony Skinner asks if appointing a solicitor as power of attorney is advisable, to which Max responds negatively due to the cost and the preference for family or friends. Conflicts Between Attorneys and Resolution Mechanisms Max addresses the common issue of disputes between siblings when one is appointed as the attorney and the other is not, leading to concerns about the attorney's actions. He outlines the process of resolving disputes by applying to the State Tribunal, which can intervene and potentially appoint a public trustee. Max explains that the Tribunal can review the attorney's actions, including financial accounts, and may decide to remove the attorney if necessary. Tony Skinner contrasts this with a high-profile case involving different lawyers and financial disputes, noting the public interest in such cases. Final Thoughts and Wrap-Up Max reiterates the importance of choosing trustworthy attorneys to avoid disputes and emphasizes the attorney's duty to act in the principal's best interests. He advises seeking legal advice if concerned about an attorney's actions and applying to the Tribunal for intervention if necessary. Tony Skinner thanks Max for the discussion and asks for a quick wrap-up. Max concludes by reiterating the importance of the power of attorney document and the need for careful consideration in its appointment to avoid future disputes.

Max Williams and Tony discuss the concept of a power of attorney, highlighting its importance in appointing someone to manage financial and personal decisions in case of incapacity. They explain that powers of attorney vary by state, with New South Wales having separate documents for financial and personal matters, while Queensland and Victoria combine them. They differentiate between general and enduring powers of attorney, emphasizing the need for the attorney to have good character, competency, and capacity. Pointed out is the importance of consulting a solicitor to ensure the document is properly drafted and witnessed, and they touch on the potential complications and benefits of having a power of attorney in place. Summary   Power of attorney and its benefits. 0:00   Power of attorney appoints someone to make decisions on your behalf, varying by state.   Types of power of attorney for decision-making. 1:49   Power of attorney types: general (for specific time) and enduring (for incapacity)   Power of attorney types and requirements in NSW. 3:34   Max explains the differences in power of attorney laws across states in Australia.   Selecting a trustworthy and capable power of attorney. 5:23   Tony Skinner asks Max about the qualities to consider when appointing an attorney, including character, competency, and capacity.   Max highlights the importance of finding someone you trust, who has the necessary skills and knowledge, and who is physically able to fulfill the role.   Powers of attorney and their importance. 8:03   Max emphasizes the importance of having a power of attorney in place to avoid headaches for next of kin if someone loses capacity.   Max will cover Power of Attorney disputes in the next episode, as they are inevitable in law.

Max introduces the podcast and welcomes Tony Skinner back to the channel. Tony mentions a TV show, "Mother and Son," that humorously explores capacity issues. Max discusses the character Maggie from the show, who might have dementia, highlighting the uncertainty in real-life cases. The conversation shifts to the legal and medical aspects of determining capacity for making a will. Legal and Medical Determination of Capacity Max explains that the court, not the lawyer or doctor, determines capacity for making a will. He outlines the legal test for testamentary capacity, including understanding the nature of a will, assets, and claims on one's bounty. Max emphasizes the importance of lawyers making wills even if they suspect the person lacks capacity, to avoid depriving them of their right to make a will. The presumption of law is that a person has capacity until proven otherwise, and lawyers must avoid biases. Practical Considerations in Will-Making Tony raises the issue of relatives guiding the person making the will, complicating the capacity question. Max advises that instructions for making a will should be taken with the person alone, unless they are elderly and need a support person. He stresses the importance of hearing the person's unaffected wishes directly. Tony and Max discuss the impact of language barriers and the need for interpreters, especially when the proposed interpreter is a beneficiary. Handling Capacity Concerns and Legal Advice Max insists on removing relatives from the room during the detailed instructions for making a will to avoid contamination of the person's wishes. He explains the potential risks of not following proper procedures, including the will being contested and the lawyer being sued. Max suggests that if there are concerns about capacity, the person should be referred to a doctor for a report. He advises framing the doctor's visit as insurance to protect the will from future contests. Final Thoughts and Wrap-Up Max reiterates that capacity is ultimately determined by the court, not by family members or lawyers. He emphasizes the importance of getting a doctor's report and taking detailed notes as good insurance for potential contests. Max clarifies that having dementia does not necessarily mean a person cannot make a will. He concludes by encouraging listeners to subscribe to the podcast and consult with a lawyer for specific legal advice.

Validity Requirements for a Will Max explains that a valid will must meet two main requirements: formal validity and essential validity. Formal validity requires the will to be in writing, signed by the person making the will, and witnessed by two people who saw the person sign the will. Essential validity involves the person making the will having the capacity to do so and knowing and approving the contents of the will. Tony Skinner asks about the validity of a will made on a napkin, and Max explains that while it can be valid, it must comply with formal validity requirements. Informal Wills and Their Criteria Max discusses the concept of informal wills, which can include documents like video recordings or notes on a phone. Informal wills must meet certain criteria: they must be a document, contain testamentary intentions, and show the person's intention to use the document as their will. Proving the person's intention can be challenging, especially when the person making the will is deceased. Tony asks about electronic signatures, and Max explains that electronic signatures are not currently allowed for formal validity. Special Circumstances and Electronic Signatures Max mentions a case in Victoria where a will signed with DocuSign was invalid due to the lack of a wet ink signature. Some jurisdictions allow for witnessing via Zoom or other audio-visual methods, but they still require a wet ink signature. Tony asks about the possibility of making a will online, and Max explains the process involves preparing the document separately and then witnessing it online. Max emphasizes that special audio-visual witnessing provisions should only be used in special circumstances, not for convenience. Wrap-Up and Next Episode Preview Max reiterates that making a formally valid will is cheaper and easier, but if formal requirements are not met, it's still possible to get the document probated. Tony thanks Max and asks for a wrap-up, and Max summarizes the importance of formal validity and the potential for informal wills. Tony mentions that the next episode will cover the topic of capacity in relation to wills.

Tony Skinner and Marie discuss the Supreme Court of New South Wales, where all claims are lodged. Marie explains the process of commencing proceedings by filing a summons, affidavit, cost affidavit, and a notice of eligible persons. Tony inquires about the court proceedings, and Marie outlines the typical timeline, including a directions hearing within 28 days. Mediation is compulsory in this area of law, and 90-95% of matters settle at mediation, with only a small percentage going to a court hearing. Mediation and Court Hearings Marie emphasizes the benefits of mediation over court hearings, including faster resolution and lower stress for parties. Tony notes that barristers are involved in this area of law, not just in criminal cases, and Marie explains their role in contesting a will. Marie mentions a large case in Western Australia involving mining royalties and many lawyers, highlighting the involvement of barristers in significant cases. The discussion touches on the factors that influence the chances of winning a will contest, including the relationship with the deceased, financial circumstances, and contributions to the estate. Factors Considered by the Court Marie lists various factors the court considers when deciding a will contest, including the relationship with the deceased, financial resources, health circumstances, and contributions to the estate. Tony and Marie discuss how these factors are argued in court, with Marie explaining the importance of a well-drafted will. Marie highlights the benefits of proper estate planning to avoid litigation and its associated costs. Tony asks about the costs of contesting a will, and Marie explains the various fees involved, including court filing fees, hearing allocation fees, and barristers' fees. Costs and Fees Involved in Contesting a Will Marie details the different costs associated with contesting a will, including court fees, solicitors' fees, and barristers' fees. The cost varies based on the complexity of the case, the length of the hearing, and the experience of the lawyers involved. Tony mentions the Hancocks case as an example of a long-running and costly will contest. Marie explains that defendants' fees are usually paid from the estate, while applicants may need to arrange funding or pay their own fees upfront. Defendants and Costs in Will Contests Marie clarifies that defendants in will contests are often the executors named in the will and that their fees are typically paid from the estate. Tony and Marie discuss the implications of a defendant's costs exceeding the value of the estate, with Marie suggesting that the plaintiff could be asked to pay an amount into court to cover the fees. Tony shares a personal anecdote about a friend in a similar situation, highlighting the ongoing nature of such disputes. Marie advises that in cases where there is nothing left in the estate, the defendants should try to reach an understanding with the plaintiff to avoid unnecessary costs.

Tony Skinner asks Marie about time limits for contesting a will. Marie explains that time limits vary by state, with New South Wales having a 12-month period from the date of death. If a will is not contested within this time, an out-of-time application can be made with court leave or the other party's consent. Factors Affecting Court Decisions on Time Limits Tony inquires about the likelihood of courts favoring late applications due to overseas residents being unaware of the deceased's passing. Marie states that court decisions depend on the case, and late applications require sufficient cause. She emphasizes the importance of timely legal advice to avoid issues with late applications. Marie notes that if the estate has been distributed, making a late application is very difficult. Circumstances Justifying Late Applications Tony asks about the feasibility of late applications if family members find out about the deceased's passing much later. Marie explains that being a minor at the time of death could be sufficient cause for a late application. She advises seeking legal advice immediately after the deceased's passing to ensure timely contesting of the will. Marie reiterates the importance of adhering to state-specific time limits for contesting a will. Evaluating the Worth of Contesting a Will Tony asks if contesting a will is worth it. Marie explains that the worth of contesting a will depends on the circumstances and is assessed on a case-by-case basis. She mentions that considerations include the size of the estate, the applicant's financial circumstances, and any competing claims. Marie uses the analogy of an estate being a pie, with the question being whether the applicant can get a piece of it. Emotional and Financial Considerations Tony discusses the emotional and financial challenges of contesting a will. Marie acknowledges the costs involved, including court fees and lawyer fees. She explains that some solicitors offer contingency cost agreements, which can be beneficial but come with additional fees. Marie notes that defendant's fees are usually paid from the estate, while applicants are responsible for their own fees. Funding Arrangements and Legal Advice Marie discusses funding arrangements that can assist plaintiffs in contesting a will. She emphasizes the importance of determining the type of agreement with the lawyer based on the specific circumstances. Marie reiterates that contesting a will involves making an application for provision or further provision from the estate. She reiterates the time limits for contesting a will in New South Wales and the need for sufficient cause for late applications.

Max introduces the podcast and welcomes Marie Harris, the guest expert. Tony Skinner explains the focus of the episode: contesting a will in New South Wales. Marie defines contesting a will as an application for further provision from an estate for maintenance, education, or advancement in life. Marie clarifies that contesting a will is different from challenging a will, which involves other types of claims. Tony asks about the eligible people to contest a will. Marie explains that eligibility varies by state, with New South Wales' criteria set out in the Succession Act. Eligible people in New South Wales include spouses, children, close personal relationships, household members, and former spouses. Tony and Marie discuss the complexity of laws across different states and the lack of uniformity. Tony inquires about the definition of a close personal relationship. Marie describes it as personal care provided to the deceased, such as living together or performing personal tasks. Paid carers are excluded from this category. Marie emphasizes that the term "spouse" includes de facto partners and that grandchildren can also contest a will if they were dependent at a particular point in time. Tony asks if babysitting grandchildren makes them eligible to contest a will. Marie explains that grandchildren must prove financial or other dependence to be eligible. She provides examples, such as living with the grandparent or receiving care, to meet the eligibility criteria. Tony and Marie discuss the need for common sense and additional factors in determining eligibility. Tony asks about the eligibility of de facto partners and flatmates. Marie explains that de facto relationships are assessed based on common life together, joint bank accounts, and public perception. She shares a case where a client was not eligible because they were receiving payment for services provided. Marie highlights the case-by-case assessment required to determine eligibility.

Resolving Disputes Over Personal Effects • Tony Skinner asks about resolving disputes over personal effects like family photos. • Kate explains that courts generally don't decide who gets physical or digital photos; mediation is preferable. • Mediation allows parties to agree on such matters, avoiding court and associated costs. Importance of Mediation and Avoiding Litigation • Tony emphasizes the importance of avoiding litigation and seeking agreements. • Kate reiterates that mediation is compulsory before going to court. • Disputes over personal effects can be resolved through mediation, which courts won't decide. • Agreements in mediation can help grieving families focus on other matters. Including Personal Effects in the Will • Tony asks how personal effects are covered in a will and how to limit disputes. • Kate highlights the emotional impact of disputes over personal effects. • Consulting a specialist estate planning lawyer is crucial to document wishes properly. • Listing every item in a will is not always the best approach; trusting someone to distribute items fairly can raise issues. Defining Personal Effects in the Will • Kate discusses the definition of personal effects in New South Wales law. • The definition varies based on whether a will is left or not. • Personal effects can include intangible property unless used for business or specific items like gold bullion. • The definition should fit the individual's circumstances and wishes. Handling Unlisted Personal Effects • Tony asks about handling items not listed in the will, like a boat. • Kate explains that it depends on how the will is drafted. • A well-drafted will should cover various items to avoid frequent updates. • Specific updates may be needed if the will doesn't address certain items, like a boat. Considerations for Blended Families • Kate emphasizes considering blended family scenarios in estate planning. • Distributing personal effects to children might leave the widow with nothing. • Scenarios should be considered where assets might change between writing and executing the will. • An experienced estate planning lawyer can ask the right questions and document wishes properly.