Szabo & Associates News & Updates

The purpose of a settlement agreement is to bring a resolution to a dispute without the further litigation. However, in Fatseas v Fatseas bht Basha [2022],the NSW Supreme Court were called upon to consider a further dispute arising from the interpretation of a particular clause in a settlement agreement ‘finalised’ after a dispute over probate.

If a person dies without a Will it is referred to as dying intestate, and legislation will dictate how the assets will be split. Sometimes this is simple, such as if there is property that is jointly owned then this will automatically pass to the surviving partner. For assets owned solely by the deceased it will be necessary to appoint someone to administer the estate and distribute the property. 

This is the first of a series of articles which will provide you with a better understanding of our family law legal system.  It is our desire that this article has been informative in presenting an overview of our family law legal system. 

If a person is in a de facto relationship, their legal rights and responsibilities are comparable to those of a married couple. However, when a de facto relationship breaks down, the Court can make orders that will change the property interests of the affected parties. The Family Law Act 1975 (Cth) does not contain an exhaustive definition of what constitutes a ‘breakdown'. Therefore, identifying if and when a relationship breakdown has occurred can be contentious.

A grant of probate is an Order made by the NSW Supreme Court confirming that the Will of a deceased person is valid and the nominated Executor can distribute the estate as described in the Will.