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.
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.
In NSW, an executor of an estate has several responsibilities when handling the real estate of the deceased. Beyond simply selling the property, they must carefully manage it to protect its value and comply with the legal requirements imposed on them as the executor.
Deciding to purchase a new property before selling your existing one can be tempting, especially if you've found your dream home and don’t want to miss out. However, if the funds from your current property’s sale are needed to finance the new purchase, this can come with considerable financial and legal risks.
One of the notable changes to the Family Law Act, which came into effect in May 2024, was the insertion of a new section, s 65DAAA, which deals with the reconsideration of final parenting orders.
When separated couples are in dispute about parenting arrangements, they may have to make an application to the Court to make a decision for them. When making its decision, the Court must only make orders that are in “the best interests of the child”.
When a family member or other loved one moves into aged care, there are several important considerations surrounding their home, including in relation to land tax. We outline some of the possible land tax implications you need to be aware of when a property owner transitions into aged care.
Supervised time is a parenting arrangement in which a parent can spend time with their child, but only in the continual presence of another adult. This adult may be a professional supervisor, or an agreed family member or friend who is responsible for ensuring that the child is safe and that the time spent together is positive.
Choosing the right attorney under a Power of Attorney is one of the most important decisions you’ll make for your financial and legal well-being. Understanding the risks can help you make a more informed decision and avoid potentially devastating outcomes.
When preparing a Power of Attorney, one of the most important decisions you will make is choosing who you want to act as your attorney. The attorney named in a Power of Attorney will have significant control over your financial affairs if you become unable to manage them yourself. It’s a decision that should be made with careful consideration.
When someone dies leaving a valid Will, the estate will be distributed in accordance with that Will. However, when someone dies without a valid Will, then an application can be made to the Supreme Court of NSW for a grant of Letters of Administration.
If the time has come for you to sell your property, there are a number of things to consider in order to help you prepare for the sale. We outline 6 primary considerations that you should carefully consider and plan ahead for to ensure the property transaction runs as smoothly as possible.