- Death duties were abolished in 1981 for any person dying after that date.
- Capital Gains Tax is considered by some to be a form of death duties. I have given a short resume of this below.
While you are capable of making your own decisions, you can revoke the appointment of an enduring guardian. To do this you need to complete a Revocation of Appointment of Enduring Guardian form. This form will also need to be witnessed by an eligible witness. You have to advise the enduring guardian in writing that their appointment has been revoked.
You can appoint a new person as your enduring guardian, or change the functions or directions given to your enduring guardian. You will need to complete a new form of appointment to achieve any of these things.
Yes, you can have any number, although more than 2 can become unmanageable. They can be authorised either:
A home made will might say "I leave my house at Hurstville and my Commonwealth Bank account to my wife Mabel, any other money to my sister and my car to my son". This might be fine at the time but what if you have sold the house at Hurstville (perhaps it was sold by your Power of Attorney because you are in a nursing home), the Commonwealth Bank is now called the Murdoch Bank and there is no car ? - the effect of the will, will be completely different. The money from the house will go to your sister and your wife and son will get nothing.
It is up to the organization that you have to deal with as to what authority they require. The Land and Property Information Office which controls the ownership of real estate and therefore buying and selling of houses insist on a Registered Power of Attorney. Centrelink seems to have its own form of authority and banks usually insist on a Power of Attorney but not usually a registered one. A bank will usually have a procedure to authorize someone else to sign on an account and this may solve the problem of paying bills.
It lasts until you either:
You can appoint one or more persons as enduring guardian. If you appoint more than one enduring guardian, you can direct them to act jointly or separately (severally).
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