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...

Social media and family law: The impact on parenting proceedings   One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence...

Pet Custody Laws in Australia Pet custody cases are rare in the family law courts following a break-up – most of the time lawyers warn their clients not to push the point on the issue of with whom the pet will live. Judges, with backlogs of...

What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased.  But executors and administrators also have duties and rights concerning the deceased's causes of death and body disposal.   The deceased Cause of death- suing for damages and/or defending will...

What is probate of a will in Victoria?   These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I'm the executor and I can’t afford the funeral expenses? Am I capable of...

Losing a family member or a loved one is an emotionally distressing time for many people; comprehending the thought of never being able to see them again is enough to deal with. When there is a will involved, families can be torn apart in the midst...