Family Violence in Family Law cases When it comes to family violence, the Court takes these allegations seriously. When making parenting orders, the Court will consider the best interests of the child. The Family Law Act prioritises the safety of children in parenting matters by giving...

A family law case detailing the importance of quality legal advice in the early stages of proceedings, to ensure the highest chance of getting the best outcomes to your property/financial settlement   Time limits generally If you’re currently dealing with family law matters, in particular financial and property...

How does the divorce process work in Australia?   Going through a divorce or considering it can be one of the most stressful and emotional times of a person’s life. The legal process can at times be intimidating, adding to this stress. Its important to have a...

A family law case in which the mother was ordered to relocate with her child to be closer to the father in order to make it easier for both parents to agree on acceptable custody arrangements   Tandy & Eastman In Tandy & Eastman [2020] FCCA 541 (19...

Common claims against Deceased Estates One of the duties of an executor/administrator of a deceased estate is to pay out valid claims against the deceased. The most common types of claims against a deceased estate are based around:     Family provision claims (disputing...

Making a Will and Power of Attorney during COVID-19 During these uncertain times, we have seen an increase in enquires from people starting to think about the future, what is next after COVID-19 and what may happen to their personal and financial affairs moving forward. Our advice...

A Family Law Case where the nature of the parents relationship and conflict generally make it hard to get equal custody arrangements   Although there are many applications by fathers to get equal custody arrangements put in place with their children, even after mothers have already had...

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...