Legal Underwear Caption Competition

GRAND OPENING

The Legal Briefs Boutique

- the ultimate accessory for success in the law

Insert this link in your browser http://www.cafepress.com/legalbriefsboutique if it does not automatically connect.

Impress your clients and colleagues with your commitment to the law, right down to your smalls, with captions such as:

“Cautious lawyer" - “Please rely on your own judgement and advice”,

“Property lawyer” - “quiet enjoyment”

“Sexy property lawyer (limited edition) ” - “quiet enjoyment please”

“Legal Receptionist” – “Please hold”

COMPETITION

To celebrate the Opening of the New Legal Briefs Boutique   and to help us to cover every area of law we want you to suggest suitable captions for the area of law which most interests you. Captions are to be of no more than 10 words.

THE BEST CAPTION WILL WIN one pair of legal briefs bearing the winning caption together with an autographed copy of 101 Reasons to Kill all the Lawyers –That Part which Laws or Lawyers can Cause or Cure to be launched in Sydney on 4th July 2013 (see below).

To enter post your caption in a Comment below or send it to the Editor at info@lawanddisorder.com.au on or before 25 July 2013.  The winner shall be announced in the August 2013 issue of the Law & Disorder eZine.

Click here to read the rules of the competition which shall be binding on all entrants. 

Only subscribers to the Law & Disorder eZine can enter however subscription is free and immediate at http://www.lawanddisorder.com.au/ezine.html.

Sponsored by Brennans solicitors

 

Advice to Mothers in law making a Will

Dear John

I have appointed my son as my Executor as he is devoted to me. However, I am concerned that he has fallen under the influence of my daughter in law who has asked me if I had any objection to a “Cardboard Coffin”.  

Is there any legal obligation on the executor not to be too cheap with the funeral arrangements?

Worried mother

Dear Worried Mother

You are right to be concerned, Edith Piaf’s mother was put out with the trash.

You could express a wish in your Will for either cremation or burial but usually that does not bind the Executor. 

Whereas, your Will makes specific directions for the disposal of your money and other assets, your body is not really property as such, and therefore it is up to your executor as to how it should be disposed of, within reason. Health departments and courts can, in certain circumstances, deter some of the more enthusiastic means of disposal favoured by daughters in law, such as “sky burial”.

However, careful wording of the Will can alleviate some of your concerns. A clause such as “I leave $5000 to a donkey sanctuary unless I am buried in a solid oak coffin” should suffice. It does not need to be oak and can be any other material, although I would caution against any precious metals e.g. gold or silver as even a clause specifying “and remains there” can be ignored.

I find that once this method is explained to clients even the most conservative life can be celebrated with professional mourners, a horse drawn hearse, or apologies read out by certain relatives at the graveside.

Finally, a court would find that as Executor this is your son’s decision alone and your daughter in law should make that quite clear to him.

J.F.

(c) Paul Brennan 2013. All rights reserved. Extract from John Fytit’s International Legal Problem Page. For more go to http://www.lawanddisorder.com.au/legaladvicepage.html

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# 85 They put inheritances at risk

Gifts. The importance of giving correctly.

Dear John
My elderly, rich, uncle is dying but has such a dislike of lawyers he refuses to make a will.  As his closest and dearest relative I am naturally concerned about this crazy notion.

RL

Dear RL

When you say dying, my experience is that once people reach 55 they seem to spend a lot of time dying or at least mentioning signs of decline.  Rich people can be the worst offenders often outliving caring neighbours only to make a Will decades later in favour of the 50 something blond across the road.  It is important to make sure that they are definitely on their way out and not just tyre kickers.

His verbal assurance is of no use, you need it in writing.  It is often difficult to find the right time to bring this up but, would it be too much trouble for him to give it to you by way of gift, before he goes?    Of course, this would probably cause tax issues for you, but it may help him to know that you are ready to make sacrifices too.  

There are three requirements for a gift:

• An intention to donate.  His hatred of lawyers does sound odd.  But by exposing him you risk the gift being set aside due to a lack of intention caused by his mental state.  Most uncles are crazy but as they are often the source of unexpected windfalls it is seldom mentioned.
• A sufficient act of delivery.  As in preparing Wills, a DIY approach to documents evidencing gifts especially large ones can end in tears, as polite words such as “I wish” or “I would like” may be interpreted as future intent rather than immediate intent e.g. “I HEREBY transfer”, so involve your lawyer before hospital visits. 
• Acceptance of the gift by you.  I assume that you have this covered.

Without all three other beneficiaries could fight you for the money and worst of all your uncle in a lucid moment could ask for it back.

JF

(c) Paul Brennan 2010.  Extract from John Fytit’s International Legal Problem Page. Now written on this blog. 

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