Blog

Annulment of marriage in Australia

21 August 2023

An annulment of a marriage is not the same as a divorce. Annulment of your marriage is a legal declaration that there was no legal marriage between the parties even though a marriage ceremony may have taken place.

Should I gift specific assets in my Will?

07 August 2023

Detailing the distribution of specific property or other assets to individuals in your Will needs careful consideration. We look at three matters where the Will-maker left specific items to specific people in their Will. Those instructions led to some inequity for beneficiaries when dealing with the deceased estate.

How to leave a gift to a charity in your Will

24 July 2023

Deciding to make a gift to a charity in your Will is a commendable act. But there does need to be some consideration as to what you wish to achieve by the gift. You also need to be mindful of the potential for a family provision claim against your estate.

How do I gift my digital assets in my Will?

09 July 2023

There is no legislation at the moment in Australia which addresses the change of ownership of digital assets after death. But, given the prevalence of digital assets, it is increasingly likely that legislation will be put into place in the future.

What can be done if the original Will is missing or lost?

25 June 2023

We have recently received a number of queries where the original Will of the deceased is missing or lost. It may be that a copy of the Will has been found but not the original document. The question then is what to do and whether a Grant of Probate can still be made where only a copy of the Will is located.

Purchasing a property with a waterfront licence in NSW

12 June 2023

In this article, we explore what land is owned by Crown Lands and applying for Domestic Waterfront Licences, as required by Crown Lands when owning waterfront property NSW.

When do you have to get a Grant of Probate?

27 May 2023

Often, when getting started with the administration of a deceased estate, the focus is to work towards preparing a Grant of Probate. But, is it always necessary to obtain a Grant of Probate? The answer is, often, but not always.

Does my commercial lease need to be registered on title?

15 May 2023

Registration of a lease refers to the process of formally recording the lease on the title of the landlord’s property and noting on title that the tenant has an interest in the property under the terms of the lease. It’s an important step in protecting the interests of both parties.

Can I use a caveat in my family law matter?

Caveats and family law

30 April 2023

Parties to family law proceedings may consider lodging a caveat on property not in their name, however, this is not a straightforward process. There are complex criteria which must be met before anyone can lodge a caveat on property, including after separation or divorce.