The Pitfalls of Altering your Will without Legal Advice
There are many reasons not to make your own Will or indeed alter an existing Will without the benefit of legal advice. As demonstrated in Boettcher v. Driscoll [2014] SASC 86, even small changes made to a Will can have an undesired effect, resulting in your final wishes not being carried out as you had planned. […]
Family Provision Orders on Interstate or Overseas Property
The recent case of Chen v Lu [2014] NSWSC1053 serves to highlight the jurisdiction of the court in respect to making family provision orders in relation to property held outside the State. […]
Changes to the Estate Challenge Laws in Victoria
On 19 August 2014 the Justice Legislation Amendment (Succession and Surrogacy) Bill 2014, was introduced into Victorian Parliament proposing to significantly change the laws relating to the challenge of an estate in Victoria. […]
Binding Financial Agreements
The Family Law Act provides for parties to a marriage or de facto relationship to enter into a binding legal agreement (sometimes referred to as a ‘pre-nuptial agreement’) about the financial arrangements should their marriage or de facto relationship break down. […]
Digital Technology and Wills
Albeit slower than other sectors of the community, it would appear that the Courts are beginning to embrace recent technology. A case in point is Mellino v Wnuk & Ors, sadly in this instance immediately prior to his suicide Mr Wnuk produced a DVD as his last will and testament. […]
Ownership of the Family Home
The case of Parianos v Melluish highlights issues of asset ownership, in particular the family home, between a husband and wife. […]
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