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Proving Testamentary Capacity

Capacity is a key concept when it comes to forming testamentary intent and creating a will. It means that you have a sound mind and memory, with an understanding of what you are doing. If you lack testamentary capacity, your will is almost always considered invalid...

Failed Tax Claim for Car Expenses

In the case of Reid and Commissioner of Taxation (2019), the Administrative Appeals Tribunal of Australia held that a taxpayer could not substantiate tax claims for car expenses using the ‘log-book’ method. The individual taxpayer worked for two employers as a...

What to Do If You Have Lost the Original Will

As discussed in last week’s article on the risks of informal wills, having a formal document outlining your testamentary intentions is a very serious matter. Without a formal will, you can risk having your estate distributed in a way that does not align with your...

Informal Wills: Worth the Risk?

A will, in essence, is a document detailing how you would like your estate (assets and liabilities) handled after you pass away. It is often considered quite important to have one; particularly if you have specific intentions of who and where you wish to transfer your...

Payroll Data in a Single Touch

On 1 July last year, the Single Touch Payroll (STP) system was introduced for employers with less than 20 staff. This was to allow employers to report payroll data to the Australian Taxation Office (ATO). While a three-month transition period allowed these small...

Liquidation: Employee Entitlements Clarified

A recent case of the High Court has clarified a key principle of the Corporations Act. Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20, otherwise referenced as the Amerind case, raises implications that Australian employees’...

Be Aware: Contract Terms in the Sale of your Business

A business can be sold for the purposes of enterprise or equity. Typically, a greater risk equates itself with equity sales as opposed to enterprise sales. The reason is that acquiring the shares enhances the likelihood of contingent claims. These claims, notably...