It is an uncomfortable thing to contemplate one’s death, and many of us assume it’s a long way off. For this reason many neglect estate planning and put it on the back burner for later in life. However, if your time is cut short you may be left with no say in what happens to your assets, personal items, young children or even your pets. It is therefore important to consider what will happen when you die, and how you will provide for those that you love.  But is it necessary to have a formal valid will in place to do this?

 

5 Reasons you should have a valid legal will

 

Make your own decisions as to who gets what

If you die intestate (without a legal valid will) your estate will likely be distributed under the intestacy laws, which apportion your property in a specific order of living relatives. First the estate will go to a spouse or partner, then children, parents, siblings, grandparents, and aunts or uncles. If there are no surviving relatives your estate will pass to the state.

A valid will on the other hand gives you complete control over distribution, allowing you to gift specific items to specific people, allocate proportions of your estate to persons or charities of your choice or disinherit estranged family members who would otherwise be entitled to a share.  A will ensures your estate is secured for those you want to provide for.

 

Appoint your own executors and guardians

It’s important to choose the right person to take on responsibilities like administering your estate or caring for your young children when you die. Without a will, you are leaving this decision in the hands of someone else, and it may even cost your estate if a professional trustee is engaged.

 

Alleviate family stress and conflict

Do your family a favour by having a valid will that clearly expresses your wishes and save them the stress of having to make difficult decisions on your behalf. Eliminate any doubt about your funeral arrangements, specific gifts and who should care for minor children or pets so that cause for conflict can be minimised in what is an already distressing time.

 

Choose tax effective options

Preparing a will in advance enables you to utilise a range of testamentary tools and structuring techniques to limit tax and transfer fees your beneficiaries will have to pay on their gifts.  Such tools also be used to ensure that minor beneficiaries take their inheritance at a specified age and that the assets are appropriately managed on their behalf in the meantime.

 

Avoid delay

Having a valid legal will can significantly simplify the probate process and ensure that there is no doubt about what your final wishes are. Don’t put getting a valid will in the “too hard” casket er..basket because unexpected events could happen at any time. Contact us today to see how easy it is to put secure plans in place for your family’s future. Our Wills and Probate Lawyers in Sydney are always ready to help you.

With the increasing incidence of motor vehicle break ins, road rage, violent assaults and insurance disputes, dash cams have become common place in Australian vehicles. In fact a survey back in 2014 indicated that 57 percent of road users supported the use of dash cams.

But can they really be used as evidence of another party’s fault in an accident? And what legal restrictions apply to their use?

Dash cams are mobile video camera devices which can be installed on the dashboard of a vehicle to continuously record what is happening in front of the vehicle through the windscreen, whether its driving or parked.

 

What Legal Restrictions are There on Using Dash Cams in NSW?

Provided your dash cam is appropriately installed and doesn’t cause a dangerous distraction or vision obstruction in your vehicle, they are generally legal to use in Australia. It is also legal to film people in public places including drivers and any incidents that occur on the road.

However, there are two limitations that users should be aware of regarding what you can legally record.

 

 ‘Private acts’

Private acts include those that are generally carried out indoors in circumstances where it is reasonable for the parties to expect they are not in view of other people. Therefore if you have your vehicle parked inside a garage or facing into a building, you may need to consider what your dash cam might be recording.

 ‘Private conversations’ 

It is generally illegal under NSW law to record or intercept a private conversation without the consent of the parties to the conversation, or to possess a recording of a conversation obtained illegally.

If your dash cam was to record audio while you had a passenger travelling with you in your vehicle and they were unaware that the conversation was being recorded, the recording may be illegal. The situation may be different if if your dash cam managed to record audio of a conversation you had with someone following an accident in the presence of other people, and where the conversation is not considered by the parties to be private. 

 

Can Dash Cams Be Used as Evidence?

In general, yes they can.

In fact they can be very useful for determining fault in most cases. Insurance companies will take into account any video or photographic evidence you can provide of an accident or its aftermath which proves which party was at fault. Similarly, dash cam footage is admissible evidence in court to prove or disprove fault in a motor vehicle accident.

However, since a dash cam only provides view from a limited perspective, it will not be the only evidence that will be taken into account. A party will not succeed in proving fault simply because they have dash cam footage. The visual quality of the picture may also affect how it is viewed or interpreted by an insurer or judge.

Schofield King Lawyers have experienced car accident lawyers in Sydney who are always ready to provide you legal support.