What is a Testamentary Trust? A testamentary trust is a discretionary trust set up by a Will. There are many different reasons for adopting a testamentary trust: tax advantages of splitting income, protection in family court matters, protection from bankruptcy and protection for disabled or beneficiaries with
Read MoreIn most circumstances, executors do not get paid to administer an estate. Exceptions to this would be as follows: Under Section 70(1) of the Administration and Probate Act 1919, the Supreme Court may allow to any executor, administrator, or trustee, whether of the estate of a deceased person or otherwise, such commission or other remuneration out...
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Read MoreAppointing someone as the executor of your Will is one of the most important decisions in your estate planning process. We have detailed below some things you should consider before making this decision. What is an executor? An executor is the person or persons you appoint to be responsible to carry out your wishes set out in your Will. In simple...
Read MoreMany couples continue to live together after separation, often for the benefit of the children or for financial reasons. You can still apply for a divorce if you have separated for more than 12 months but remained living together under one roof (either for all or part of that time. You will need to provide the Court with additional information by w...
Read MoreTo ensure you get the most of your first free consult, we recommend that you write out a list to provide to your solicitor providing the following information (where relevant to your individual situation) – In property matters: Please do not hesitate to contact us to book your no obligation first consultation. You can do this by calling on (08) 83...
Read MoreWe understand that separating from your partner is an emotional and overwhelming time. The unknown can be a very worrying place to be. It is for this reason it is so important to seek legal advice early so that you can feel confident knowing your rights and your obligations which in turn will provide you with peace of mind.
Read MoreIn the event a party does not disclose or file an undertaking or files a false undertaking, the Court may: · refuse to allow that party to use the information or document as evidence in their case; · stay or dismiss all or part of their case; · order costs against them;
Read MoreAll parties in a matter must file an undertaking acknowledging that they have read and understood the Family Law Rules relating to their duty of disclosure and are aware of their duty to the Court and each other party to give full and frank disclosure of all information relevant to the issues in the matter in a timely manner.
Read MoreThe new Federal Circuit and Family Court of Australia commenced on 1 September 2021 and the Federal Circuit and Family Court of Australia Act 2021 came into effect together with the new Rules of the Court. A new case management pathway has been established with the aim to ensure that 90 per cent of cases are resolved within 12 months of filing.
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