Why Should You Establish a Trust for Estate Planning? 4 Reasons

One of the most common questions that lawyers get asked is whether a trust is necessary or not. Just in case you didn't know, a living trust gives more control over your assets in the event of incapacitation or death. This means you will have more control or power over how your assets are distributed amongst children or your preferred beneficiaries. There are also other important reasons as to why creating a trust makes sense. Reputable estate planning lawyers in Perth list out the following benefits:

Avoid probate:

Probate is a court-led process, which is complex and time consuming. During the probate process, the court will be examining all the provisions and assets included in the will. There will also be a waiting period, during which the beneficiaries will have no access to any of the funds or properties in the estate. When you have a living trust, you can avoid probate. Your family members don't have to go through the hurdles of this process, thus letting them save their time and money.

Incapacitation:

Another benefit of having a trust is that it can be imposed when you are incapacitated. During such circumstances, a trustee will control your assets and manage them just the way you wanted. 

According to the estate planning lawyers in Perth, your trust should specify in detail how your assets must be taken care of when you are incapacitated, and what needs to be done after your death. However, this is not the same as a power of attorney. Married couples can also establish a trust in order to set aside assets for the surviving spouse.

Protect Your Assets:

Having a trust will secure your property from creditors or lawsuits. If a beneficiary of your assets has a lawsuit filed against them, your trust will help protect your assets and keep them inaccessible to creditors.

Flexibility to Manage Assets:

Having a trust lets you decide how your assets must be distributed under different circumstances. There are different types of trusts available for you to consider. The most common types include revocable and irrevocable living trusts. 

A revocable living trust, as the name suggests, is a trust that can be changed or revoked by the grantor any time they want. An irrevocable trust remains fixed. Another popular type of trust is the income-only living trust. Get in touch with the certified trust lawyers in Perth, in order to know how your assets must be managed. Simply put, having a trust gives you the flexibility to manage and distribute assets as per your requirements.

Save money and protect your property by establishing a trust for estate planning. To get useful guidance and assistance in this process, hire a good law firm of a recognised migration lawyer in Perth today.

NSW Law Reform Commission Introduces Changes in Affirmative Consent Laws

 

The New South Wales Law Reform Commission (LRC) has stirred the public once again with the reforms in the state’s sexual consent laws. Among the reforms that NSW residents expect is the introduction of affirmative consent in the sexual assault laws. Changes to the law were triggered by the sexual assault case filed by Saxon Mullins against Luke Lazarus years ago.

The case has gained mixed reactions from NSW residents and criminal lawyers NSW. It has also attracted the attention of several criminal law firms and has been featured in different Sydney criminal lawyers blog since 2017. As expected, some criminal lawyers NSW and criminal law firms shared different thoughts about the acquittal of Lazarus at a retrial in May 2017. While many cried foul for the decision, others call for reforms of the NSW sexual assault laws.

The case once again became the headlines in different newspapers, defense lawyer blogs and online writeups in November 2017 when the NSW Court of Criminal Appeal supported the previous rape acquittal. The acquittal was made as Judge Robyn Tupman believed that the sexual intercourse was consented by Mullins. Judge Tupman’s decision, as mentioned, triggered the NSW LRC to once again have a look at the Australian state’s rape and sexual assault legislation.

Mullins: Catalyst of Change

“Affirmative consent is just an ongoing conversation between yourself and whoever you’re engaging in sexual activity with, and making sure that the other person wants to continue on wants to keep going with what’s happening,” Mullins said in a media interview in relation to her case.

To make the sexual assault law clearer and more detailed, the commission agreed to the reform stating that affirmative consent should be sought appropriately and communicated between the two parties. To be free from any assault complaint, there must be a clear expression and verbal consent that both parties agree to be involved in sexual intercourse or even sexual touching.

Varying Opinions from Criminal Lawyers NSW About the Reforms

Criticisms were raised by various criminal lawyers NSW and criminal law firms in relation to the affirmative consent reform. In some defense lawyer blogs and articles, it was published how a number of lawyers argued that the change will reverse the importance of the onus of proof in such cases. Some groups also criticised the reform as it could result in increased sexual assault case convictions instead of assessing if the charged is guilty or not in a trial.

While some people criticise the change, others, including Mullins, believe it to be a win for the state. “I think we have seen such ongoing support for this movement, with all the marches we’ve seen recently, all the stories that are coming forward. So I hope this support continues and this momentum continues. And I do have hope that we will see some further change,” she said in an interview.

Although the reform has been looked at, Speakman believes that the implementation will happen in around six months as it will still be introduced to the parliament.

If you or someone you know has been accused of a sexual assault, know that compassionate, expert legal advice is available. For a consultation with Powerhouse Law, call 1800 100 529 or submit your details via our online form.