admin

/admin

Call Our Hotline

08 9221 2339

About admin

This author has not yet filled in any details.
So far admin has created 98 blog entries.

The Need for Notional Estate Provisions

The testator’s family maintenance legislation (“TFM”) exists for the purposes of “making of provision for the maintenance of members of a family who are found in need of such maintenance when the family tie is broken by death.”[1] The current model of TFM in Western Australia is governed by the Family Provision Act 1972 (WA) [...]

By | November 29th, 2017|Estate Planning|0 Comments

Can you Contest a Will without Spending More than you Hope to Recover?

It has been said generally that increased costs have become an increasing problem in FPA actions. Mr. Greg Smith MLA told the NSW Parliament in 2008:   “Not only Justice Young has complained, but also the Chief Justice, Jim Spigelman, has complained. In an article in the Australian by Chris Meritt on 26 March 2007 [...]

By | October 30th, 2017|Estate Planning|0 Comments

Crafting a Great Parenting Arrangement After Divorce

In Australia, the law encourages both parents and other people interested in the care and welfare of a child to agree on parenting arrangements, including where and with whom the child will live, how the child will be financially supported and what that child’s  relationship with other family members will be. Indeed, children have a [...]

By | October 9th, 2017|Uncategorized|0 Comments

Puppet Structures and Alter Egos: Creation of a Trusts, and Powers of Appointment to Avoid the Court

People try to use third party asset structures to avoid their assets being attacked from a family law, bankruptcy and testator’s family maintenance perspective (“TFM”). There have been a variety of cases involving inter vivos trusts, which have been used by parties to argue their non-ownership of assets in the Family Court. The same principle [...]

By | September 29th, 2017|Family Law|0 Comments

What is Considered by the Courts When Deciding How to Divide Property After a Divorce

When a couple separates, whether they have been married or in a de facto relationship, they usually need to resolve how to divide their assets, including property, superannuation, debts and other liabilities. […]

By | September 7th, 2017|Family Law, Property|0 Comments

Superannuation Decisions after Death

Poorly Drafted Death Benefit Nominations Superannuation is a trust asset and not an estate asset. Provision for dependents and interdependents are governed by the Superannuation law. In the case of Munro v Munro [2015] QSC 61 the deceased executed a binding death benefit nomination (“BDBN”) in a self-managed superannuation fund (“SMSF”) in favour of the [...]

By | August 29th, 2017|Estate Planning|0 Comments

Pros and Cons of Getting a Binding Financial Agreement

What is a binding financial agreement? The Family Law Act 1975 (Cth) (Family Law Act) provides for parties to a marriage or de facto relationship to enter into a binding legal agreement about the financial arrangements should their marriage or de facto relationship breakdown. […]

By | August 18th, 2017|Estate Planning|0 Comments

The Effect of Joint Tenancies on Family Provision Claims

Many Australians are co-owners of interests in land but do not appreciate the nature or effect of the co-ownership and do not fully research family trust estate planning. As a result, they are not aware of the consequences their co-ownership has on their death. Below are examples of the effect joint tenancies can have in ousting the Testator’s family maintenance (“TFM”) legislation. […]

By | July 28th, 2017|Estate Planning, Family Law|0 Comments

Common Divorce Pitfalls to Avoid

Maybe you didn’t see it coming. Maybe you’ve known it was going to happen for some time. Maybe it’s a well-contained no-fault divorce. Maybe it’s not so amicable. Either way, you’ve got a few things to worry about right now… (Before you consider the Common Divorce Pitfalls) […]

By | July 3rd, 2017|Family Law, Property, Uncategorized|0 Comments

What To Do If Your Ex Breaches Your Parenting Order?

In Family Law, a parenting order is a legal agreement about how separated parents divide the responsibility to take care of their children. These agreements are sensitive. As such they are important to respect – but can be violated by either parent who isn’t careful about observing them. We’ll take you through first what a parenting order is, and what the requirements are. Then we’ll advise you on your options if one party has breached the parenting order. […]

By | June 15th, 2017|Family Law|0 Comments