A significant amount of real property is owned not by individuals or companies, but between two or more people in a wide variety of relationships. It may be that the property is owned by spouses, de factos, siblings or business partners. As with any relationship,…
Ordinarily, a person’s Will is considered a definitive statement of their final wishes and how they want their property divided. In some circumstances, however, it may be possible to challenge a person’s Will on the basis that it wasn’t properly made. One such circumstance is…
Generally, where a child attends school is a decision made after careful consideration and agreement by both parents. However, after separation, choosing or changing a child’s school can easily become a source of friction between parents. Whilst it is not uncommon for there to be…
In recent weeks we have been increasingly asked by our family law clients; what happens to my minor children if I die? It is a scary question, but a reasonable one at any time when you have minor children. In an intact relationship, generally most…
How this property is dealt with depends largely on how it was held by the deceased (ie solely or with another person/people). If the deceased owned property with other people, then the Estate’s interest in the property will depend on whether the deceased and the…
Most people have a general understanding of what is involved with being the executor or administrator of an Estate. Generally speaking, an executor has the duty to gather in the assets and determine the liabilities of an Estate, and distribute the remaining Estate property in…
For a lot of people, preparing for the worst-case scenario seems to slip down their list of priorities. This might happen for a number of reasons. Some people do not like to think about unfortunate circumstances happening to them and therefore do not plan accordingly,…
Losing a loved one can be an emotionally difficult and stressful time. In a perfect world, the division of a deceased person’s property would be smooth and free from controversy, leaving you time to deal with the other challenges that come with losing a family…
If you are hoping for a comfortable retirement, superannuation plays an important role in providing you with that security. So what happens if, on separation, you realise that your personal superannuation holdings are insufficient to provide for your needs? This could be because you were…
