Szabo & Associates News & Updates

There are several issues that, if unattended to, may make a Will invalid. Sometimes this may be because of invalid execution due to a lack of compliance with the legal formalities. At other times, more disputable matters can be involved, such as a lack of mental capacity or the application of undue influence on the Will-maker (or testator). These types of claims can involve particularly complex evidential and legal arguments.

When a couple separates, a property settlement agreement decides how their net assets will be formally divided between them. If a winning lottery ticket was bought by one party during a relationship, it would be seen as joint property and dealt with in a property settlement. But what happens with a big lottery win after separation?

A Will is an important document. Without one, the reality is that intestacy rules will apply which state how your estate must be shared out on death. Nevertheless, it is also important to be clear which of your assets will not pass automatically through your Will so that, in tandem with the Will, you consider all your assets and those persons you wish to benefit.

According to a recent landmark decision in NSW’s Land and Environment Court, it was held that State’s environmental watchdog, the Environmental Protection Authority (EPA), has a duty to take into consideration the protection of the environment from climate change. It was found by the Court that this duty is not currently being discharged adequately.

After the separation of a married or de-facto couple, a property settlement is an arrangement to divide their net assets between them. If the Family Court is required to determine the parties’ entitlements, it does so in a stepped process, including assessing the contributions, both financial and non-financial, of the parties to the relationship, the future needs of each party and whether the proposed division is ‘just and equitable’.