Common questions about deceased estates and what executors need to do: Many people do not know where to start after the death of a loved one.  Family members or close relatives will often not know where the last will is.  Common questions about how to organise...

The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren.    Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In...

There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Personal Safety is applicable to situations where stalking, harassment or...

What is an Occupancy Permit? An occupancy permit tells anyone interested in purchasing a newly built or renovated property that the property is suitable for occupation. Occupation of the home is not permitted until the certificate is issued: it is otherwise an offence.   The occupancy permit is different...

Part 2  of Debt Recovery Series Checking What Assets and Income the Debtor has before you enforce your judgement SUMMONS FOR ORAL EXAMINATION (SOE) The SOE is best utilized if you have no information about the debtor’s financial position. If you obtained a judgement debt, on your request and...

Changes to the law proposed- may disadvantage those left out of family member's wills. Currently in Victoria if a family member who was left out of a  Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide...

Part 1 of Debt Recovery Series   by Maria Rigoli and Damian Ballan CHASING MONEY: THE LETTER OF DEMAND (LOD)  A LOD is sent to a person or organisation who owes you money (the debtor) following your supply to them of goods and services.  The LOD advises the...

Mediation in Family Law Matters It is compulsory to attempt formal mediation in family law matters, before one can go to court to get orders relating to children.   There are some exceptions to this rule.   If the matter settles at mediation there also advantages and disadvantages...

Family Law Orders can counteract Fake Transactions  Under Section 106B of the Family Law Act, the Family Law Courts have power to set aside, cancel (or restrain) the making of a transaction by a party to proceedings, which is made or proposed to be made to  defeat the interest...

Fraud upon the elderly is becoming more and more widespread and sophisticated. Presently there does not appear to be any unified Australian legislation which protects older people from this type of abuse.   In a 2011 study conducted by the Crime Research Centre of the University of...

WILLS AND FAMILY AGREEMENTS: WHAT CAN GO WRONG There are a significant number of generous parents these days who purchase properties for their adult children based on family "understandings" that are never recorded, only verbal. The agreement varies from family to family and can include arrangements anywhere from...