News & Articles
How to Avoid Unnecessary Death Duties
Your Testamentary Trust Will and Surcharge Duty and Tax The State Revenue Legislation Further Amendment Act 2020 (NSW) (“the Act”) was assented to on 24 June 2020. The Act has implications for the trustees of Testamentary Trust Wills. The Act provides that if a Trustee of a Discretionary Trust (including testamentary trusts) is taken to be a
Do I need a Lawyer to assist with my Family Law matter?
The short answer is yes. You are not legally required to have a lawyer for a Family Law matter, and the Court tries to make it as easy as possible for people to manage their own Family Law matters. However, this does not necessarily mean that going it alone is a good idea. Family Law
What is Family Law?
Family Law includes many complex and intersecting legal issues which arise due to the existence of family relationships. Legal rights and entitlements can depend on the nature of the relationship, its history and duration, the birth of children and factors in relation to the interdependency and a person’s ongoing need for financial support. At Delaney
Recovery Orders and Issues with medicating children
The client has an autistic child who was medicated by his prescribing paediatrician. The father of the child was refusing to allow the mother to give the child the prescribed mediation and then refused to return the child to the mother telling her she was unsafe and was “drugging” the child. He wanted to use
A child in danger!
A very distressed father came to me needing assistance and advice. He strongly suspected that the mother of the child was using drugs and in a violent relationship with her current partner. The client had decided that it was too dangerous to return the child to the mother’s residence. We commenced proceedings and were able
Estranged adult son’s claim for provision from father’s $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.
The client was the Executor of her father’s Estate (“the Client“). Under the terms of her father’s Will, she was appointed as the Trustee of a testamentary trust that conferred upon her a discretionary power to control and distribute an Estate valued at approximately $3.5 – $4 million. Of particular value was a number of
Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.
The client was the Executor of his mother’s Estate (“the Client“). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will“). At the time that the Will was made, the Client’s mother (“the Deceased“) intended that her Estate would go to the Client and his
Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.
The client was the de facto partner of the Deceased (“the Client“). She sought a Family Provision Order on the basis that she had not been provided for in any way in the will of the Deceased. The Deceased died unexpectedly as a result of an accident, and left a Will in which he appointed
Estate Planning & COVID-19: Have your parents got you covered?
COVID-19 is already affecting Small Businesses and Employees in many industries and is also a major risk for the elderly. What will happen if you lose your parents to the Coronavirus at a time when you are facing bankruptcy or financial hardship? Your parents’ Will could protect your inheritance from creditors, banks and even Bankruptcy.
COVID-19 and your Family Law Matter
At Roberts Legal we understand that the current health crisis may have increased your anxiety in relation to your separation and family law matter. However just because we are encouraged to socially isolate, doesn’t mean that you have to put your life on hold. Certainly, the way we are interacting is changing, however we are
Help my ex kept our kids!
Unfortunately, it is not uncommon for parenting arrangements to fall apart and this sometimes results in one parent or caregiver choosing to retain the children. We understand that this is an extremely stressful time and we are here to help. If your children have been retained, you should contact us straight away. In many cases
Our Top 7 must-do’s for co-parenting with an ex over Christmas
Christmas is stressful enough without having to second-guess what your ex-partner’s plan is. Take a look at our Top 7 must-do’s below to make sure you’re on the front foot with parenting arrangements. 1. Stay child-focused Christmas should be about the children. Consider whether it’s really best for the children to make long trips on
Can I make my husband/wife leave the family home now that we’re separated?
This is a very common question asked by parties following a separation. It can be incredibly unpleasant to have to continue to live with an ex-partner until financial settlement is achieved. Unfortunately, it is also incredibly difficult to force an ex-partner to leave the family home. The court is of the opinion that it is
Are Secret Recordings Admissible as Evidence?
A Case Looking at Secret Recordings Made in Parenting Matters Coulter & Coulter (No. 2) [2019] FCCA There are numerous circumstances in which parents may be tempted to record meetings or my find they are in possession of recordings. Whether or not these recordings will be able to be used as evidence in court proceedings
Gender Dysphoria – Is Court Approval Required for Medical Treatment of Minors?
A Recent Case Looking at Secret Recordings Made in Parenting Matters Coulter & Coulter (No. 2) [2019] FCCA What is Gender Dysphoria? The Gender Dysphoria symptoms are as follows: Noticeable incongruence between the gender the child experiences and their classified gender assignment; An intense need to do away with their primary or secondary sex features
Separating? The best way to protect yourself, your children and your money.
Whether you have been planning a separation for some time, or you have been taken completely by surprise, separation can involve harsh realities and unwelcome changes for all involved. In the early stages you may feel isolated, grief-stricken and unable to make plans, however, it is essential to get organised and take control to protect