Archives

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.

FAQ on Estate Planning

While many people are unlikely to nominate estate planning aka “Thinking about what will happen to my assets when I die” as being on their “most wanted things to do” list in reality, this is something that should be on all our “must do” lists.

Understanding Client Legal Privilege in Litigation

Client legal privilege, also known as legal professional privilege, is a fundamental legal principle recognised under both common law and legislation in Australia. This privilege protects the confidentiality of communications (both oral and written) between a client and their legal advisor. It is designed to promote the free flow of information between a client and their lawyer by ensuring that the client can freely disclose all relevant facts without fear of disclosure, and that legal advisors can provide accurate and effective advice without fear of reprisal.

Bad credit rating? What can you do?

A credit rating (also known as a credit score) can play a vital role in a person’s financial life. A good credit rating indicates responsible borrowing and timely repayments, while a bad credit rating suggests a history of late payments or loan defaults. The lower the credit score, the less favourable the terms and conditions for future loans and credit cards. However, it is important to know that there are actions that can be taken to increase a low score. In this article, we will explore what a credit rating is, the factors that impact it, the effect of bad credit, and the steps that can be taken to increase a low credit rating.  

Divorce, de factos and superannuation splitting

Once a couple is separated, their superannuation (super) is treated as property under the Family Law Act 1975 (Cth) and the value of the couples’ super benefits will be taken into account when determining a property settlement. Laws regarding super splitting apply to both married and de facto couples.

Super is held in trust and this type of arrangement differs from other types of property – there are rules that govern when a party is able to access their super funds.