Blog
Defending a Will against a Family Provision Claim in New South Wales
In New South Wales, the Succession Act 2006 (NSW) allows certain individuals to challenge a Will if they believe they have not been adequately provided for. These challenges, known as Family Provision Claims, can be emotionally taxing and legally complex.
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Reconsideration of final parenting orders – clarification of the approach
When considering a change to final parenting orders, whilst the Court must first determine that there has been a significant change of circumstances since the final order was made, ultimately any change to orders must be in the best interests of the child.
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I've obtained probate in NSW - what are the next steps?
Obtaining probate confirms that the Will is the valid final Will left by the deceased and gives the executor the legal authority to administer the estate. However, once an executor has obtained probate, they are then left wondering, “What happens next?”
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How long does probate take in NSW?
As executors are often new to the probate process, it’s a common for them to ask how long the probate process takes. In this blog, we look at timeframes, application requirements and what can cause delays.
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What happens to your business when you pass away?
For many business owners, your business isn’t just a livelihood - it’s a legacy. But what happens to that legacy when you're no longer around to lead it?
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Navigating child support - from assessments to private agreements
Navigating child support after separation from your partner can be challenging. Understanding the options available, such as child support assessments or private agreements, helps parents make informed decisions.
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Who has the right to make decisions about a deceased's body?
Understanding who holds the legal right to make decisions about what happens to the body of a deceased person is essential for ensuring the deceased's wishes are respected and avoiding disputes during an already difficult time.
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Common causes of delays in progressing to mediation in family law matters
Once the initial stage of negotiation has taken place in a family law proceeding, the parties will move toward mediation to achieve a more structured outcome. One of the most common frustrations is the gap between negotiations and attending mediation.
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Advantages of professional advice when making a Binding Death Benefit Nomination
When considering a Binding Death Benefit Nomination, professional advice can be valuable to ensure the nomination is valid, complies with relevant legislation, and fits within your broader financial and estate planning strategy.
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I made the money in our relationship so do I get more after separation?
When separating from your partner, you may find yourself asking, “I made the money in the relationship, so why can’t I keep it?” Whilst this seems like an easy question, when it comes to financial settlements in family law, the answer is not always as straightforward as it may seem.
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Can I sell property of a deceased estate before probate is granted?
If you're handling a deceased estate with real property in NSW, you can list the property for sale and even exchange contracts before probate, but formal property transfer needs to wait until probate is granted. The contract must stipulate settlement subject to probate.
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Navigating cryptocurrency in family law property settlement
Cryptocurrency is increasingly making its way into family law matters and cases in Australia. If you are about to start, or have already commenced family law property settlement after separation, and you have cryptocurrency holdings, you may be wondering how the Federal Circuit and Family Court of Australia view these holdings.
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