Szabo & Associates News & Updates

In NSW, the Succession Act provides that certain people, particularly close family, can contest a deceased’s Will if they have not been properly provided for. As such it is not possible to say that a person can legally prevent their Will from being contested by an ‘eligible’ person.

If you are thinking of buying a property with a friend or partner there is a choice of the type of ownership. There are essentially two choices which are as Tenants in Common or as Joint Tenancy. There are important differences between them and it is important to understand the legal and financial effects, including estate planning, of these two ownership types. For example, a bank financing the transaction will need to know should there be a default by a party.

When parents separate, one of the key issues that may arise is the residence and contact arrangements for any children. The family law system encourages parents to work out arrangements for their children without the need of Court intervention. However, this is not always possible and either parent can apply to the Court to have the matter resolved.

Most people understand the importance of a valid Will. Therefore, it would be more than unfortunate to invalidate a Will ‘accidentally’. However, certain key life events, such as marriage, separation, and divorce, can potentially impact a Will even to the extent of revoking (invalidating) it altogether. As such, it is important to understand what unintended consequences there may be as a result of these significant life events.

Following separation, a couple will need an agreement to divide their property between them. This process is known as property settlement. The process will involve dividing assets and liabilities with an expectation that there will be a fair and equitable division of the marital ‘pool’ between them.