Deceased Estates – What Happens When Executors Don’t Agree

When someone dies, their assets are usually distributed according to their will. The person responsible for managing and distributing these assets is the “executor” of the deceased estate. In some cases, a will appoints more than one person to act as executor, and these individuals normally need to work cooperatively to execute the duties of the role.

Buying Land to Build Your Dream Home – Top Tips

Building their own home is a dream for many people, but it can be a more intimidating prospect than simply buying an existing house. One of the first and most challenging steps is to find the right plot of land. Unfortunately, this task does not end when you find vacant land (a difficult enough task in many Australian locations). Before buying the parcel of land, it is crucial to understand the relative ease or difficulty involved in building on this land, as this can have a significant impact on the cost of the build. 

Attending Compulsory Family Dispute Resolution – what to expect

Separating couples should make reasonable attempts to agree on the future living arrangements, care and responsibility for their children. The Family Law Act 1975 (Cth) provides that, unless there are extenuating circumstances, dispute resolution is compulsory if agreement cannot be reached, prior to bringing an application for parenting orders to the family law courts.

The Magical Consequences of Dying Without a Will: What Happens to Harry Potter’s Estate?

As the wizarding world mourns the loss of the Boy Who Lived, Harry Potter’s unexpected demise has left many wondering what will happen to his vast estate. However, the situation becomes even more complicated as it is revealed that Harry Potter died without leaving a will, leaving his estate subject to intestacy laws. For the purpose of this article, we explore the legal implications of Harry Potter dying without a will in South Australia and how it may impact the distribution of his magical assets.

The importance of estate planning before capacity becomes an issue

We should all plan for our future. Certainly, we should all have a current will, especially those of us who need to make special arrangements for the care of children or pets. Many of us would also benefit from making a formal arrangement to account for a time when we could find ourselves unable to make our own decisions. These arrangements have different names according to where you live in Australia, but they are alike in that they give authority to someone we trust to make decisions – whether financial or personal – in our best interests. 

When is a guarantee unenforceable?

A guarantee is a binding promise of one person (the guarantor), to be answerable for the debt or obligation of another (the debtor), if that other defaults. Guarantees become enforceable by the person to whom the guarantee has been given (the creditor) when debtors have defaulted on their obligations. 

Why litigants should carefully choose expert witness

Expert evidence has been identified as one of the principal sources of expense, complexity, and delay in civil proceedings. In this article we look at the problem from the judges’ perspective and outline the dire consequences that can happen to one of the parties when an ’expert’ is found to less than objective and not an expert.

Understanding a Commercial Lease

When renting business related property, it is important for both Landlords and Tenants to understand the relationship they are entering into and the rights and obligations that they each have. The document that governs this relationship is usually a Commercial Lease.