Insolvent Deceased Estates It is well known in Australia that you can’t inherit a debt from a relative (unless it attaches to an asset you are inheriting- see previous blog “what happens to a mortgage after death” ).  But what happens if your loved one passes...

What happens when the Executor of a Will dies? There is often a lot of confusion out there as to who acts in the executor’s place to administer a deceased estate if the executor dies. When one of Multiple Executors Dies If there are multiple executors, and one...

What happens to a mortgage after death? With soaring house prices over the last few years it is becoming more common for people to pass away when they still have a mortgage over their property. The word “mortgage” is derived from the French word “mort” being death...

Delays in granting probate Delays can arise for many different reasons. Some of them are out of control of the Executors or Administrators. An example of this is caused by waiting on further information from asset or liability holders. There are also delays caused when joint executors...

What happens when executors disagree? It is very common to see a person appoint more than one person as the executor of a will.  Especially when there are adult children involved who the testator wants to all have a say in the running of the estate. This...

Why you need a Power of Attorney When you are looking into your estate planning you will often come across Powers of Attorney. A Will protects your interests after you pass away, but a Power of Attorney protects you while you are still alive. There are...

9 common problems with Wills & Estates distributions One of the main reasons people plan their estates is to avoid problems and disputes between family members and other intended beneficiaries after they pass away. Unfortunately, it is sometimes the estate planning documents that cause problems and...

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...