If an original will simply cannot be found, it is possible to ask if the Court will accept a photocopy. Should it not, the Estate will be distributed as if there was not will at all.
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Technology can be of great assistance when needing to look after children that span two households.
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Is is possible for grandchildren to make a claim against a deceased’s estate but it is by no means guaranteed successful.
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Our business lawyers are frequently asked about the validity and enforceability of restraint of trade or non-compete clauses in employment contracts. As with everything legal the answer is often, “it depends”, and that’s why it’s important both employers and employees get the right advice.
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Settlement is a word you’ll hear during the process of setting up to sell or purchase a property. Conveyancing and Property lawyer Laura Abley, explains just what happens when settlement occurs.
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Managing a loved one’s assets as part of their Estate when they have died is not a matter of simply distributing them according to the will. Depending on the value of the assets you will need a Grant of Probate or Letters of Administration from the Supreme Court.
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Are there situations where an employer can require an employee to receive a Covid-19 vaccination?
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Cases arise in families where one or both parent’s wish to change the surname of their children. Demi Rayner explains what steps need to be considered.
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Scrutiny of the Collingwood Football Club through the Do Better report highlights the need for all business to comply with the law by ensuring a safe workplace, avoiding racial discrimination and avoiding direct and indirect discrimination for all employees.
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In listing assets for your will, have you taken the time to list any digital assets such as Bitcoin and made sure they can be accessed.
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Relaxed Covid-19 restrictions, after so many have worked at home during various lockdowns, raises the question of employers being able to force their employees back into the office and if so, on what grounds and under which conditions.
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Upon your passing, your superannuation may not automatically go to your estate, especially if there is no will.
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Even if you have perfectly valid reasons for leaving a child out of your will, there are some points you should discuss with a lawyer first to protect against your will being challenged later on.
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Joint ownership of land can cause problems when there is disagreement about how the land can be used. One party can force the other to sell or subdivide but only if that is “just and fair” which can be a question for VCAT to resolve.
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Most people contact an agent before they sell their property then have to get a Vendor Statement/Section 32 in order, potentially missing a quick sale. We suggest getting the Vendor Statement is done before you see the agent so that you’re ready to go.
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The lack of a will does not necessarily stop you from inheriting money but there are rules in place.
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Property can have a section 173 agreement where the council limits some aspects of how the property can be used.
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Few Family Law cases make it to the High Court so when the do, all family lawyers take note of the outcome.
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When a willmaker had an obligation to provide for someone else and does not, the courts can become involved in what is known as a TFM claim.
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Prior to March 2020, the seller of a house did not need to tell the buyer if the house had been used for illicit drugs, or the soil was contaminated, or mention any number of undesirable factors that would affect the value and enjoyment of the property.
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