Properly drafted Wills are usually, within the exceptions of the law, taken to be the definitive intention as to the estate of an individual. An improperly drafted will was traditionally seen as a valuable opportunity to contest the document and claim a portion of the deceased’s estate. The pitfalls of ‘budget wills’, and those not executed […]
Prenuptial agreements have been widely held to be the perfect instrument for protecting one’s assets in a marriage, particularly where there is a vast inequality in the wealth brought to the relationship. However, the recent High Court ruling found in Thorne v Kennedy [2017] HCA 49 could have a substantial impact in the effectiveness of prenuptial agreements […]
The 2017 Federal Budget Announcement has piqued the interest of many young families and investors alike as the possibility of owning property comes within reach. In the recent years, the Australian property crisis has hit a record high, with many families resigning to the fact that owning the homes they live in are simply dreams […]
Almost half of all Australian’s don’t have a will. Many of these wills are improperly executed, and can lead to months and even years of distress under dire circumstances. When most people think about wills, they usually assume that it’s a document created after retirement, and reserved for the elderly. However, when compared with the […]
Trees on or affecting boundary fences are some of the most common disputes among neighbors in property law. It is important to know your rights and responsibilities so that such issues can be resolved without breaking any rules. Overhanging Branches and Leaves Affecting Property In general, if a branch or limb crosses the fence boundary […]
These quick tips when signing a contract or other legal document may seem self-explanatory, but collectively are some of the most crucial points to remember. When it comes to buying property or starting a business they are often quick, emotion-based decisions. Taking note of these 7 quick tips may prevent years of heartache and thousands […]
What is a “Simple” Will? There is a greater degree of certainty with a “simple” Will as to what will happen with the estate than with a testamentary trust. That is because with a simple Will, all or part of the assets in the estate are held on trust, but the beneficiaries are limited in […]
How to Change a Will Many people want to change your will because there has been a change of circumstances. Changes should not be made by amending the original will after it has been signed and witnessed as any obvious alterations on the face of the will are assumed to have been made at a […]
Large sums are often payable from a super fund when someone dies, particularly with recent super reforms and with many funds containing life insurance policies. However, death benefits are not automatically distributed according to a Will, nor even necessarily in accordance with any nomination a person has made to the trustee of a fund. A […]
When a person dies leaving a valid will, their estate is distributed according to the terms of their will. A probate order states that the will has been proven to be the last valid will of the deceased. It allows the executor to collect, distribute the estate and execute the wishes of the deceased in […]
