Szabo & Associates News & Updates

Following separation, a parent has a right to relocate and may wish to do so because of work opportunities or the presence of other family members who can help with child care. However, whether they are able to do this with their child may not be straightforward.

One of the recognised grounds for challenging a Will is that the Will maker lacked the mental (testamentary) capacity to understand what they were doing at the time it was signed. The recent case of Croft v Sanders (2019) in the NSW Court of Appeal illustrates the relatively high bar that must be met in order to make such a challenge to a Will successfully.

The short answer to the question is that there is no age at which a child can decide by themselves where they are going to live following a parents’ separation.

It may come as a surprise but, despite possibly being one of your most valuable assets, superannuation benefits do not automatically form part of your estate. As such, the benefits may not be automatically distributed in accordance with your wishes.

More people than ever before appear to be prepared to dispute some aspect of a Will. There are many popular theories why this might be the case. One is the increased complexity of family life, such as blended families. People may marry more than once, cohabit outside marriage and, then you might add children, adopted children and stepchildren into the mix.