Money Expert

Brian Herd

The Elder Law Legal Eagle
Common estate planning mistakes: The seven deadly sins to avoid
Brian Herd avatarBrian Herd
Experts
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Brian Herd

Brian Herd

No matter how complicated the legal pickle, it won’t stump Brian Herd, who’s been a lawyer since 1983 and is recognised as one of Australia’s foremost experts on elder law, retirement, aged care and inheritance planning.

He’s a Partner at HopgoodGanim Lawyers and is regularly named as one of the country’s best lawyers when it comes to retirement villages and senior living issues. Most, recently, he won Solicitor of the Year (Large Firm) at the Queensland Law Society Excellence in Law Awards
2022.

Brian is a regular commentator in the media and in public forums on legal issues regarding older Aussies. He has featured on ABC’s Law Report, Life Matters and Background Briefing. He is also the author of Avoiding the Ageing Parent Trap, released in March 2021 to critical acclaim.
For his effort, he was awarded the 2021 Australasian Journal on Ageing (AJA) Book Award.

When not working, Brian devotes his time to giving informative and
entertaining presentations on ageing, aged care and retirement and planning for the future. Brian loves getting older or, as he says,
more mature.

Reach out to Brian with any legal enquiries he may be able to help you with, including life planning
such as making Wills and handling estates, and matters relating to elder law, retirement, disability, and
aged care.

This expert discusses the importance of choosing the right child for your end of life planning. Source: Getty
Experts

Choosing the right child for your Enduring Power of Attorney

Choosing the right child for your Enduring Power of Attorney

When it comes to preparing your Enduring Power of Attorney document, choosing the right child can have seriously damaging results.
Source: Getty
Estate planning

Caring for your disabled adult child: What can go wrong?

Caring for your disabled adult child: What can go wrong?

This expert breaks down the importance of ensuring your estate planning is air-tight to guarantee any disabled adult children that may be left behind in the unfortunate event of your death are well looked after when you're gone.
Source: Getty
Experts

Good will hunting : The essential scenarios to consider when planning your Will

Good will hunting : The essential scenarios to consider when planning your Will

This estate planning expert speaks about the best practice steps to consider when putting together your Will to ensure your assets are properly protected after you die in the circumstance that someone chooses to challenge your will.
Passwords don't pass with your passing – they stay alive. If you have kept them in a secret place or, even more securely, in that impregnable cyber space called your head, it could create a problem for others if you lose your life or your mind. Source: Getty
Experts

Our virtual lives and digital deaths

Our virtual lives and digital deaths

Passwords don't pass with your passing – they stay alive. If you have kept them in a secret place or, even more securely, in that impregnable cyberspace called your head, it could create a problem for others if you lose your life or your mind.
The needs of ageing parents is a ticking time bomb topic that needs to be addressed sooner rather than later. Source: Getty
Aged care

Don’t let the ageing parent trap derail your retirement

Don’t let the ageing parent trap derail your retirement

Brian Herd shares 10 tips to help you prepare for your ageing parent's future to avoid stressful disputes – and pave the way for a peaceful retirement.
Even though the ship has now sailed, one reader wants to know if she should have contested her partner's will when he passed away. Source: Getty.
Estate planning

‘Should I have contested my partner’s will after his kids got everything?’

‘Should I have contested my partner’s will after his kids got everything?’

"There is probably not a lot to gain from a 'shoulda' or 'coulda' analysis."
Handing your house over to your kids when you're still alive can come with more complications than just naming them in your will. Source: Getty.
Estate planning

‘Should I give my home to my daughter now or will it to her?’

‘Should I give my home to my daughter now or will it to her?’

"I have seen many of these types of arrangements fall down because no one applied the 'what if' analysis."
How far will this reader go to keep a lock on her estate? Source: Getty.
Estate planning

‘I’ll receive my husband’s estate, but how can I stop his son challenging MY will?’

‘I’ll receive my husband’s estate, but how can I stop his son challenging MY will?’

If you haven't heard of a statement of wishes before, now's the time to learn!
There are some hurdles to jump over before a de facto can successfully contest a will. Source: Getty.
Estate planning

‘Can my ex-wife’s new partner rob our kids of her home if she dies?’

‘Can my ex-wife’s new partner rob our kids of her home if she dies?’

There are several hurdles a de facto partner must jump to successfully challenge a will. But it's not impossible.
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