Family Law Case where a Father got custody and 70% of the assets   As a family lawyer, I hear quite often from husbands and fathers going through the family law courts that “women always win” and “women always get the kids and most of the property”. ...

When and how to update your Will At Rigoli Lawyers we generally recommend that you update your Will at least every 10 years and at least review every 5 years. We anticipate that within every 10 years, your life will have undergone a large number of...

The importance of having an up to date will As everyone’s lives get busier and busier (not to mention facing major events), one thing people often put off is making a will. A will is an important legal document that allows you to plan for your family’s...

Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes...

Applying for a passport for a child without both parent's consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially...

Rights of Beneficiaries of a Will in Victoria Who is a beneficiary of a deceased estate? A beneficiary is a person or organisation with an entitlement from a will. However, for the named person/organisation to benefit, both the will and the written bequest must be valid. It...

Caveat on Deceased estates Can you lodge a caveat on a deceased’s property after probate has been granted? The purpose of a property caveat is to prevent dealings with a property in dispute.  But it must be founded on legal grounds. A person contesting the Will and seeking...

Changing Parenting Orders - how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979)...

Inheriting debts with assets When someone inherits assets but there is debt attached to it we are often asked are beneficiaries responsible for debts left by the deceased? Do you inherit the debt attached to the asset you are getting from a will? Generally speaking, in Australia,  lenders...

Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t?   Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then...

We often hear of solicitors refusing to let family members see a Will after a loved one has passed away. What do you do when polite requests fail? The first step is to persuade them that you have a RIGHT to see the Will by alerting...

Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset eg for contents of a home you do not rely on the insurance replacement value, but rather second-hand...