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The Process of Obtaining Probate

The Process of Obtaining Probate

Family Law, Will and Probate
Probate is a grant made by the Supreme Court of New South Wales that ‘proves’ the Will of a deceased person and vests title to the estate’s assets in the named executor/s. This is the official process that enables the executor to legally deal with the deceased’s estate. As the legal personal representative of the estate, the executor must determine the assets and liabilities, liaise with debtors, creditors and beneficiaries, sell, transfer and distribute assets and generally finalise the estate in accordance with the Will. The executor should maintain written records of the affairs of the estate and, where necessary,…
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Childhood Immunisation and Family Law

Childhood Immunisation and Family Law

Community, Family Law
Some Australian parents have recently begun to question whether to immunise their children, expressing concerns about possible side-effects risks associated with childhood vaccinations. But what happens if parents are separated and can’t agree? Childhood vaccines, introduced in 1932, are said to have greatly reduced illness and deaths from diseases such as whooping cough, polio, measles and mumps. However, in recent years immunisation rates have fallen amid some parents’ fears about the safety of vaccines, whether vaccines have been adequately tested and concerns about vaccines’ links to conditions such as autism, sudden infant death syndrome and multiple sclerosis. Approximately 92% of…
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Airbnb: Legal tips for property owners

Airbnb: Legal tips for property owners

Contract Law, Property, Renting
If you have looked at booking holiday accommodation recently chances are you have come across Airbnb or maybe you know someone who rents out their spare room and is always talking about the extra money they are making. But what is Airbnb exactly, how does it work and what are the potential pitfalls and legal implications of making money out of your spare room on a casual basis? What is Airbnb? Airbnb styles itself as a “Community Built on Sharing” and an easy way in which people can make money from their extra space. The idea of making money out…
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The Perils Of Not Making A Will

The Perils Of Not Making A Will

Family Law, Will and Probate
What do Michael Jackson, Abraham Lincoln, Picasso, Jimi Hendrix, Stieg Larsson and Robert Homes a Court all have in common? You would be forgiven for thinking, not much. But in fact they do—all six died intestate which means, they died without leaving a Will. Even the rich and famous can fail to plan ahead when it comes to their estate. What happens if someone dies without leaving a Will? According to New South Wales law, if you don’t have a legal Will you have died intestate and your estate will be divided according to the rules of intestacy which is set…
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Strata Reforms – New Requirements for Developers

Strata Reforms – New Requirements for Developers

Leasing, Property, Renting
In November, 2016 the Strata Schemes Management Act 2015 (NSW) (the ‘Act’) and Strata Schemes Development Act 2015 (NSW) introduced reforms affecting owners, managers, developers and builders of strata titled properties. The reforms include new processes for the collective sale and refurbishment of strata schemes and streamlined provisions for cosmetic renovations and for resolving disputes. The reforms also introduced a building defects bond scheme which will have significant impact on developers. The scheme is aimed at consumer protection and commenced on 1 January 2018 (it was originally scheduled to commence on 1 July 2017). Developers should be aware of their…
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Family Law Restraining Orders – Things You Need To Know

Family Law Restraining Orders – Things You Need To Know

Family Law, Partners, Separation
Many people going through a relationship breakdown want a Court order restraining or stopping their former spouse or partner from doing something.  Those circumstances include: personal protection of that party or the children; sole occupation of the former home; protection of property. While parties often want a restraining order, such orders are not appropriate in every case.  The Court is strict about the evidence needed to obtain a restraining order. Personal Protection Sadly, relationship breakdowns can sometimes involve actual or threatened violence. At a time when emotions are running high, some people “lose their cool” or use intimidation or violence…
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Selling Your Home In Autumn

Selling Your Home In Autumn

Conveyancing, Property
Spring is traditionally seen as the best time to sell a home, when the weather is warming up and buyers become more active. However, there are a number of studies which have revealed that autumn is equally as good, if not better than, spring to sell a residential property. We look at the reasons why below and provide some tips on preparing your home for a sale in autumn. The benefits of selling in autumn The primary reason why autumn can be an advantageous time to list your home for sale is that there are often less houses on the…
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Inheritances and Family Law

Inheritances and Family Law

Family Law, Will and Probate
Families and money can sometimes be a volatile combination. That is never more so than when divorces and Wills are concerned. When is an inheritance an asset for family law purposes? The simple answer is “almost always”. But the answer is not always simple. Why is an inheritance an asset? When a separating couple needs to divide their assets, they must work out what is in the pool of net assets to be divided. That pool includes all the assets and liabilities in each person’s name and in the parties’ joint names, as well as each person’s share of an…
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Can Your Ex-De Facto Inherit Under Your Will?

Can Your Ex-De Facto Inherit Under Your Will?

Family Law, Property, Will and Probate
Once upon a time you were happily living together with your de facto partner. Roses were bought, dinners were cooked, finances were shared and Wills were signed leaving all your assets to the other partner in the event of what you then thought of as the far away time of your tragic passing. Thoughts of either of you dying were such a melancholy distraction from the happiness of your lives together, that you put your Wills away in a bottom drawer and never looked at them again. Unfortunately, however, there wasn’t a fairytale happily ever after ending to this story.…
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Fact or Fiction – Top 5 Myths About Family Law Property Settlements

Fact or Fiction – Top 5 Myths About Family Law Property Settlements

Divorce, Family Law, Property, Separation
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional well being and care arrangements for children. Unfortunately this is reflected in a great quantity of inaccurate statements, often regarded as fact by those, in the community. Every family law situation is different and it is important that people get the right advice and are able to make informed decisions about their family and their own future before entering into any agreement or going to court.…
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