Dealing with the Funeral Director There are often funeral arrangement disputes between family members as to who can arrange the funeral of a deceased loved one.  The poor funeral directors have to then work out who can they legally take as their client. The law,  at least...

How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting.  However, if you are an immediate family member...

What is a testamentary trust will and do I need one? You’ve worked hard to build your wealth, and don’t want the assets to go to the tax man, or be collected by your beneficiaries’ creditors. Why have a testamentary trust in a will? You can spend a...

After 25 years of legal practice, I have come across a lot of myths about wills and common misconceptions that people have about Wills. Here are some of the common myths about wills I hear frequently. Myths about wills #1 - My wife and I can just make one...

Some of my clients who have separated a very short time after their wedding,  ask about getting an annulment instead of divorce.  It's not as easy as some think. Difference between annulment and divorce A "decree of dissolution of marriage" is what is commonly known as divorce. A...

The following update has been released from the Australian Institute of Conveyancers Victoria (some notable deadlines have been underlined). It details information on the move to digital conveyancing or electronic conveyancing in Victoria. Transitioning to 100% Digital Conveyancing As we have been saying for a couple of years,...

If you own your property but it is subject to a registered mortgage, that title will automatically become an electronic title (or paperless title) controlled by the mortgagee (the bank). What happens to my title now it may go paperless? Even if you had paid off your mortgage...

What is an unqualified legal practice? Many people are not aware of this concept:  that the preparation of most legal documents is not permitted  to be done by another type of professional, only a qualified lawyer. And this is for good reason, as great damage  can be done by...

After a major event in your life it may be time to review your will. Events such as buying a home, divorcing, remarrying, having a new child, adopting a child, change of business structure, becoming self employed, selling major assets, or starting a self managed fund may not...

In Victoria, it's not just anyone can challenge a will if they were left out or didn't get what they felt was a fair share in inheritance.   You have to be an eligible person before you can challenge with such a claim. Only some classes of...

I am seeing a lot more  adult children excluded  from benefiting from a parent's will these days. According to the parents it is often for good reason. New legislation requires the Court deciding disputes over wills, to have regard to the deceased's reasons for making the...