Caveats, a powerful tool but beware the pitfalls.
Although it is relatively simple to lodge a caveat in a form acceptable to Landgate, there are a number of issues that need to be considered. […]
Estate assets gifted to grandchildren rather than children
In the recent NSW Court of Appeal decision Chapple v Wilcox [2014] NSWCA 392, the deceased gifted his farming property under Will to his only child, a daughter. The daughter’s adult son (the grandchild of the deceased) made a claim for family provision order under the Equity Division of the Succession Act 2006 (NSW), in respect to his grandfather’s estate. This section empowers the court to make orders for the proper maintenance, education or advancement in life in favour of eligible persons for whom adequate provision has not been made under a deceased’s will. […]
Questions to ask before you commit to purchasing a property
There are a number of important questions to ask (and have answered to your satisfaction) before committing yourself to purchasing real estate in Australia, whether it is to be your principal residence, a residential investment property or a commercial property: […]
10 Tips for Business Success
Put your business in the best possible position to succeed by taking heed of these ten tips for entrepreneurs: […]
Compensation for reputation loss and hurt feelings – Maybe Not?
There is a long line of cases which established the principle that compensation by way of damages are generally not recoverable for injured feelings or distress arising out of an employer‘s breach of an employment contract. […]
Getting the Most out of your Legal Fees – Top Tips
When you make the decision to seek legal advice from a family lawyer it makes sense to ensure that the time you spend with them, whether that is in face to face meetings, telephone discussions or via email is as productive as possible. After all it is the lawyer’s time that you are buying. […]
Cash Flow is King – Recovering Debts
While most business owners agree that chasing overdue accounts through the courts is the small business owner’s worst nightmare, few realise the importance of concentrating on cash-flow. […]
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. […]
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. […]
Identity Fraud and Statutory Wills
If a person lacks the capacity to make a new Will or amend an existing Will, friends or relatives of the deceased can make an application to the court to authorise the making of a Will in certain circumstances. These Wills are commonly referred to as statutory wills. […]