For those who have recently lost a loved one, the task of administering their will can be overwhelming. As executor of the will, you are responsible for carrying out the wishes expressed in the last testament of your late relative or friend. But what exactly does that entail? In this article, we take an in-depth…
The court considers several factors: The length of time each partner owned the pet Who provided care and financial support Who is best able to care for the pet in future The animal’s best interests Courts do not allow pets to be used as bargaining tools in separation or property disputes. Instead, they prioritise welfare…
A stepchild is someone who is not the biological child of their parent’s spouse but is treated as a child within that family because of the marriage or de facto relationship. In Victoria, stepchildren do not automatically receive the same inheritance rights as biological children from a stepparent. A stepparent can choose to exclude a…
Relationship breakdowns can be stressful, especially when children are involved. Parents must consider custody arrangements and child support payments. Understanding how child support is calculated helps parents ensure they pay a fair and reasonable amount. This guide explains how child support works in Australia and how assessments are made. What is Child Support? When parents…
If you have recently experienced the breakdown of a de facto relationship, you may be unsure about your legal rights. You may also be in a de facto relationship and want to understand how the law applies to you. Although de facto couples are not married, the law treats separation in a similar way to…
The death of a loved one is often a difficult time that involves major decisions. In some cases, a person may believe they have been unfairly left out of a loved one’s will or treated unjustly by the deceased (the Testator). In other cases, a person may question whether the will is valid. Keep reading…
Separating couples should make reasonable attempts to agree on future living arrangements, care, and responsibility for their children. The Family Law Act 1975 (Cth) requires most parties to attend dispute resolution before they apply for parenting orders in the family law courts, unless exceptional circumstances apply. In most cases, parties must obtain a certificate showing…
If you are going through a break-up, you may hear all sorts of ‘advice’ from well-meaning friends and family. Friends and family can offer strong emotional and practical support after separation. However, legal advice is essential so you understand your rights. Good advice helps you finalise property matters and agree on arrangements for children. In…
Probate is a court order that proves the Will of a deceased person. It confirms the executor’s authority and allows them to deal with the estate. The executor acts as the legal personal representative. They identify assets and debts, contact creditors and beneficiaries, and manage the sale, transfer, and distribution of estate assets. They then…
Dividing property after separation is often stressful. Each party worries about their financial future. Bankruptcy adds further complexity to a family law property settlement. Even couples who are still together should seek urgent legal advice if one party faces bankruptcy or insolvency. The non-bankrupt party should act quickly to protect their interests in shared assets.…