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Role of the Guardianship and Administration Tribunal as part of a Will

>The Tribunal’s main task is to determine whether or not a person with impaired decision-making capacity needs a guardian or administrator and, if necessary, to make an appointment order. The Tribunal’s other powers include giving directions and advice to guardians and administrators, monitoring, reviewing and amending orders, and ratifying and approving decisions by informal decision makers. Informal decision makers are people who have not been formally appointed by the Tribunal

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Dealing with Disputes as part of a Will

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Most people with impaired decision-making capacity do not need a guardian or administrator because their family, friends or support network help them make decisions. The Tribunal will only appoint a guardian or administrator if there is no other way to ensure that the interests of the person concerned are protected and that his/her needs are met.

An applicant must be able to demonstrate to the Tribunal that there is a

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Hearings as part of a Will

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Upon receipt of an application, the Tribunal will investigate the situation which has been referred to it and may make independent enquiries and collect information to enable the panel to make a proper decision.

The Tribunal examines documents and hears evidence in much the same way as a Court. The Tribunal must comply with the principles of natural justice. That is, to be fair (without bias) and to give people

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Superannuation and your Will – who gets it?

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Since superannuation became compulsory in the 90’s, it has become one of the major assets that you will hold in your lifetime. Because it is such an important asset (and often has life insurance attached to it, making it even more significant) it is important to know how it is dealt with if you should pass away.

Many people think that their superannuation will be automatically dealt with in their

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What should I do when preparing a Will?

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Make a Will – if you don’t have one, you haven’t even reached first base! Try and be fair in your Will to all dependants. This will avoid problems later. Your Super Trustee is less likely to cut across your Will, and it reduces the risk of expensive litigation against your estate (brought by disgruntled dependents who have been left out).

You can consider making a Binding Nomination with your

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Do I need an Estate Planner ?

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If your needs are more complex, an estate plan extends to asset protection and the ongoing minimisation of income tax for your beneficiaries.

A minor change or addition to your Will can be done simply by adding a ‘Codicil’ which is an additional document that becomes part of your Will. An estate planner can help if you need to make an addition to your Will. In some cases, it may

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