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Commercial Debt Recovery

As one of Perth's leading Law Firm's Havilah Legal is often asked in matters of debt recovery against a company whether it is preferable to issue a General Procedure Claim in the Magistrates court or alternately send a statutory demand notice to the debtor company? It is important to tread carefully here when issuing or [...]

By | September 20th, 2018|Estate Planning|0 Comments

ATO releases new Practical Compliance Guidelines on Taxation of Estates

ATO releases new Practical Compliance Guidelines on Taxation of Estates To be entrusted to act as a Legal Personal Representative (LPR) of a deceased estate is both an honour and a privilege that carries various responsibilities. One such responsibility is an LPR’s obligation to ensure a deceased person’s tax affairs are properly dealt with. In the event [...]

By | September 15th, 2018|Estate Planning|0 Comments

Capricious Conditions That Will Potentially be Struck Out by the Court

There is a large number of examples of capricious and unreasonable distributions that have come before the courts over time. There are far too many to list within this blog. It would be reasonable to conclude that there are many cases that do not receive the benefit of a judicial publication. A small number of [...]

By | March 29th, 2018|Estate Planning|0 Comments

Will Drafting Problems for Elderly Clients: Wills and Guardianship Orders

  A person is not prohibited frommaking a Will even if they are subject to an order under the Guardianship and Administration Act 1990 (WA).[1] The guardianship division of the State Administrative Tribunal (“SAT”) is involved in a large number of family disputes over whether or not it is in the best interest for a [...]

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

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

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

What if they don’t sign the Will?

When a loved one dies, everyone goes through a period of incredible grief and sadness. The last thing you want to be concerned with is dealing with your loved one’s estate, especially if, lo and behold, you find out that they never signed their Will. […]

By | November 16th, 2015|Estate Planning|0 Comments