A Will is a legal document in which you set out your intentions and instructions in relation to how you want your Estate Assets to be distributed after your death. Having an up-to-date Will is, therefore, an essential part of every person’s basic Estate Planning. Wills may be basic and leave your assets to named beneficiaries absolutely … Read more
Can I contest my Step-Parents Will? With a continuing rise in “non-traditional” families in Australia, there are an increasing number of step-children seeking to contest the Will of their step-parent, if they have been left out or not adequately provided for. It is often the case that the child’s natural parent died leaving their entire … Read more
What factors influence the success of a Family Provision Claim? In New South Wales, a Family Provision claim must be filed within twelve (12) months from the date of death of the deceased person. We recommend notifying the executor or administrator of the estate of your claim within six (6) months from the date of … Read more
What factors influence the success of a Family Provision Claim? Once the Court has established that the applicant is an “eligible person”, the Court then considers whether the deceased person’s Will has made adequate provision for the applicant’s proper maintenance, education and advancement in life. If the Court determines adequate provision has not been made, … Read more
I’ve been left out of a Will, am I eligible to make a claim on the Estate? Despite people having the freedom to direct who they leave their assets to when they die in their Will, there are laws in New South Wales allowing “eligible persons” to contest a Will if they have been either … Read more
Around 70% of Australia’s 2.1 million businesses are family owned. This means that family businesses are commonly involved in a property division dispute when a couple separates. Very often, both parties have worked hard and endured sacrifice to help the family business along. When a marriage or de facto relationship breaks down, the family business … Read more
“I have separated from my partner. I want to keep our jointly owned home and pay out my ex partner. … Read more
Child Support is one of the most complicated and contentious issues for separated parents. Child Support can be very confusing to understand and can cause ongoing tension between separated parents, especially as Child Support is payable until a child turns 18 or finishes high school (whichever happens later). What is Child Support? Child Support is … Read more
Many couples choose to invest in their superannuation via a Self-Managed Superannuation Fund, rather than in the usual types of superannuation funds such as industry funds. Often that is done on the advice of their accountant or financial advisor, either for asset protection purposes, or because it is considered that the type of investments they … Read more
As we try and navigate our way through the impact of COVID-19, it is becoming more common for young Australians to receive a “hand-out” or a “hand-up” from their family. For those lucky enough to receive such help, it is important to think about how this money may be treated in the event of a … Read more