When and how to update your Will At Rigoli Lawyers we generally recommend that you update your Will at least every 10 years and at least review every 5 years. We anticipate that within every 10 years, your life will have undergone a large number of changes, so it is also likely that your wishes …
Wills
25 March 2020
Will you protect what is important to you?
The importance of having an up to date will As everyone’s lives get busier and busier (not to mention facing major events), one thing people often put off is making a will. A will is an important legal document that allows you to plan for your family’s future if something were to happen to you. …
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Family Law Self-Managed Super Funds Separation
17 September 2019
Self-Managed Superannuation Funds in Family Law Disputes
Self-Managed Superannuation Funds in Family Law Disputes The rules of compliance for self -managed superannuation funds (SMSFs) are heavy. Many mums and dads who are members or trustees of such funds, are not aware of what they need to comply with, and can make innocent mistakes that could lead to financial penalty or in some …
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Divorce Family Law Laws on Children Separation
17 September 2019
Applying for a passport for a child without both parent’s consent
Applying for a passport for a child without both parent’s consent An application for an Australian passport for a child has required the consent of both parents. However, for a variety of reasons, sometimes it is not possible to obtain the consent of both parents (especially if they are separated and not on speaking terms). …
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Custody Family Dispute Resolution Family Law Laws on Children Parenting Orders
3 July 2019
Changing Parenting Orders – how to change a court order
Changing Parenting Orders – how to change custody orders Variation of Parenting Orders- when can you change them? To set aside, cancel or vary any final parenting order, parties must meet the threshold test. This test is set out in the case of Rice v Asplund (1979) FLC 90-725. This case provides that where final …
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Divorce Family Dispute Resolution Family Law Mortgage Property Property Settlement Transfer of Land
18 June 2019
Forcing a sale of jointly owned property in Victoria
Forcing a sale of jointly owned property in Victoria What do you do if you want to sell a property and the other owner doesn’t? Can you force a sale of jointly owned property in Victoria? If the parties are married or in a de facto relationship, then the Family Court of Australia will have …
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Family Dispute Resolution Family Law Property
6 June 2019
Valuing property in Family Law Settlements
Valuing property in Family Law Settlements Valuing family law assets can be a vague, uncertain and expensive task. There are also different methods to apply depending on the asset e.g for contents of a home you do not rely on the insurance replacement value, but rather second-hand goods value. For superannuation – depending on the …
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Custody Family Dispute Resolution Family Law Parenting Orders Separation
6 June 2019
Social Media and Family Law
Social media and family law: The impact on parenting proceedings One increasingly popular form of evidence in parenting proceedings is that which is obtained via social media. Evidence obtained from sources such as Facebook and Twitter can sometimes provide beneficial (and conversely sometimes very damaging) evidence for parents. Social media and family law is …
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Court Deceased Estate Executors Inheritance Probate Wills
17 May 2019
What is a grant of probate – cause of death – and missing persons
What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased’s causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will challenges It is important to consider whether …
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Executors Letters of Administration Probate Wills
17 May 2019
What is Probate of a will?
What is probate of a will in Victoria? These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I’m the executor and I can’t afford the funeral expenses? Am I capable of being an executor? What should I do if I’m not? …
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