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 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...

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...