Unlike a divorce, where you actually receive a piece of paper from the Court confirming a marriage has ended, there can be uncertainty as to when a defacto relationship ends. The Court had to recently consider whether a text message, sent on the morning of a deceased...Read More
Over the years, the law has adapted to generally give de facto relationships the same recognition and status as a marriage. Until recently, however, a de facto relationship was not able to be included on a person’s death certificate. The Births, Deaths and Marriages...Read More
It’s hard to believe that it’s almost 10 years since my father passed away. Memories and photographs help keep him close. Some people want more than memories and photographs to stay connected which has prompted a growing trend in the ‘digital after-life industry....Read More
Most Entry documents for retirement villages, manufactured home parks and lifestyle resorts (“villages”) will have clauses dealing with visitors and pets. Some people love pets, others tolerate them, others despise them (the same can be said about visitors). The usual...Read More
Generally, a Will is done reflecting the wishes of just one person. It is possible, however, that two people prepare “Mutual Wills” – that is, Wills which contain agreements. Mutual Wills are sometimes used where spouses have children to earlier relationships and they...Read More
Courts are often required to consider the construction of the terms of a Will. An interesting case arose out of the following: a. Lajos purchased a lotto ticket; b. Lajos was the first division winner of almost $2 million; c. sadly, Lajos died the day after the draw....Read More
Divorce can have a significant financial and emotional impact. It also revokes: your Enduring Power of Attorney (EPOA) to the extent it gives power to your ex-spouse; and your Will to the extent it gives a gift to your ex-spouse or appoints them as executor (unless...Read More
In a recent case the Supreme Court had to determine if a handwritten note constituted the Will of the Deceased. Broadly, the background was: The Deceased died, survived only by one child – her daughter; The Deceased and her daughter were very close for many years but...Read More
When Sally’s husband Mike died unexpectedly, Sally’s world was instantly turned upside down. Apart from the devastating personal loss, Sally was confronted with dealing with Mike’s estate – which included the family home and some bank accounts. Mike also had a...Read More
Discretionary family trusts aren’t just for the super wealthy. They are a common asset protection and tax minimisation tool for thousands of Australian families. They often include a long list of potential beneficiaries. It’s probably fair to say, over the years...Read More
