As an executor, administrator or beneficiary of a deceased estate, you may find yourself involved in a dispute or a situation of conflict over a deceased estate. Generally, there are two types estate disputes: challenges to the validity of a will; and contests regarding the proposed distribution of an estate. Challenges to the validity of […]
Elder abuse is becoming an increasingly troubling issue in Australia and especially South Australia given our aging population and the fact that, sadly, we sometimes see the affairs of our elderly being poorly managed or mistreated by people entrusted to care for them. When we see a family member being accused of abuse of an […]
Whenever a vendor sells land, they are required to provide a document called a Form 1 Disclosure Statement (usually just called a “Form 1”) to the purchaser. If the vendor has engaged a real estate agent to sell the land on their behalf, it is the agent’s responsibility to prepare the Form 1 and to […]
If you are a named as a beneficiary of an estate, you have a right to know that the estate will be administered appropriately and without delay by the executor of the estate. If an estate is not administered appropriately, you may well be able to exercise certain rights, including Court action, to ensure that the […]
A recent decision by the High Court of Australia, known as Thorne v Kennedy, has caused a stir in the press and in the legal fraternity, because it has been viewed as calling into question the use of Binding Financial Agreements, especially what are colloquially known as “pre-nuptial agreements”. For years, family lawyers have been […]
A testamentary trust is, put very simply, a trust that is established within your will. As such, a testamentary trust does not begin to operate until and unless you die. This differentiates testamentary trusts from other trusts that may be established to operate during your lifetime, which we lawyers call inter vivos trusts (commonly known […]
If you own a commercial property, and your tenant is not paying rent, you may be able to exercise certain rights under your lease. However, we would recommend that you obtain legal advice before taking any action as commercial leases are a highly technical area of the law. The wrong legal action taken may well […]
In these challenging economic times, when housing affordability has become out of reach for an increasing number of young Australians, it is all too common for parents to give them financial help to their adult children. This is particularly the case as children start thinking about settling down and living the Australian dream of […]
Even when a will is lost, there is a way Everyone should know that making a will is the only way you can determine what happens to your assets when you die. But what if the will becomes lost and the original cannot be found after your death? This can happen for any number of […]
Let this thought sink in for a moment: only about half of Australians have a legal will. There are many reasons for this alarming statistic and it would appear that most of them are based on misunderstanding the critical importance of wills. A will is the only proper way that you can determine how […]
