Can my stepchildren contest my will? Under Victorian Law there are limitations to the types of persons that can contest wills. These days with the increasing divorce rates there are more and more “blended” families and hence stepchildren. Does a stepchild have standing to challenge a will? The simple answer is yes. Stepchildren may have …
Conveyancing Property
12 July 2017
Regional Victoria buyers: first home owners grant advantages
The Victorian Government announced that it intends to increase the First Home Owner Grant (FHOG) from $10,000 to $20,000 for new homes built in regional Victoria and valued up to $750,000. This will apply for contracts signed from 1 July 2017 to 30 June 2020. Eligible first-home buyers of new homes in metropolitan Melbourne will continue …
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Conveyancing Property
9 July 2017
Amendments to the Sale of Land Act 2016 and the Property Law Act 1958
The Consumer Acts and Other Acts Amendment Act 2016 No 23 (Vic) was assented to on 10 May 2016. This act updates both the Sale of Land Act 1962 and the Property Law Act 1958 to amend anomalies in these Acts. These amendments will come into effect on 1 June 2016. Sections 29W(1), (2), (3) …
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Deceased Estate estate disputes Family Law Wills
8 March 2017
Who has the right to make decisions about the deceased’s funeral?
Dealing with the Funeral Director There are often funeral arrangement disputes between family members as to who can arrange the funeral of a deceased loved one. The poor funeral directors have to then work out who can they legally take as their client. The law, at least in Victoria, states that it is the executor of …
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Business Law Binding Financial Agreement Contract Law contractual obligations
7 March 2017
Solicitor Certificate: Why solicitors don’t just “sign off” on bank documents
Like many other lawyers, we get enquires regarding Bank Mortgages and Guarantees and the paperwork a borrower or guarantor needs to be completed with a lawyer, sometimes called a Solicitor Certificate. A lot of clients ring up and say “we just need to sign this in front of a lawyer- that’s what the bank told us- so …
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Deceased Estate Elder Law Executors Wills
1 February 2017
How to contest a will
How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting. However, if you are an immediate family member you are entitled to a copy. If …
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Asset Protection Business Law Company trusts Wills
30 January 2017
What is a testamentary trust will and do I need one?
What is a testamentary trust will and do I need one? You’ve worked hard to build your wealth, and don’t want the assets to go to the tax man, or be collected by your beneficiaries’ creditors. Why have a testamentary trust in a will? You can spend a lifetime building an estate, so it is …
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Power of Attorney Probate Wills
13 January 2017
Myths about wills – Common misconceptions about wills
After 25 years of legal practice, we have come across a lot of myths about wills and common misconceptions that people have about Wills. Here are some of the common myths about wills we hear frequently. Myths about wills #1 – My wife and I can just make one “joint will” Many a couple will …
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Family Law
21 December 2016
Difference between annulment and divorce
Some of my clients who have separated a very short time after their wedding, ask about getting an annulment instead of divorce. It’s not as easy as some think. Difference between annulment and divorce A “decree of dissolution of marriage” is what is commonly known as divorce. A “decree of nullity” however is made if …
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Contract Law Conveyancing Discharge of Mortgage
16 December 2016
Digital Conveyancing – moving away from paper transactions to electronic conveyancing
The following update has been released from the Australian Institute of Conveyancers Victoria (some notable deadlines have been underlined). It details information on the move to digital conveyancing or electronic conveyancing in Victoria. Transitioning to 100% Digital Conveyancing As we have been saying for a couple of years, electronic conveyancing through an ELNO will supercede paper …
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