Legal Articles
Revocation of Wills in SA
November 29th, 2017 by | Wills & Estate Planning
Once a Will is written, signed and witnessed it becomes a valid legal document and will remain in force until the testator formally changes or revokes it. The revocation of Wills in South Australia can occur in a number of different ways under the provisions of the Wills Act, 1936 (SA) or by common law… Read more »
How Will Same Sex Marriage Affect Your Will and Estate Plan?
November 23rd, 2017 by | Wills & Estate Planning
With the bill to legalise same sex marriage anticipated to pass parliament before Christmas 2017, the New Year is expected to see a record number of same sex marriage ceremonies. As the wedding industry prepares for a rush to the aisles, what will the changes to the law mean to same sex couples from an… Read more »
Prince Dies Intestate: Singer’s Siblings to Inherit
May 22nd, 2017 by | Deceased Estates & Inheritance Claims
A recent article in The Guardian looks at the outcome of Prince having died intestate. The article states: “A Minnesota judge has ruled that Prince’s six siblings are the heirs to his estate, more than a year after the pop superstar died of a drug overdose.” Of the many celebrity deaths over the last 12 months or… Read more »
Is There a Time Limit For Executors to Distribute Estates?
March 22nd, 2017 by | Deceased Estates & Inheritance Claims
One of the most common questions I am asked when dealing with Probate matters is: is there a time limit for executors to distribute estates? Most people are surprised to hear that the answer is “no”. But that is not the end of the story when it comes to administering an estate. To learn more… Read more »
Incorrect Death Certificate Problematic for SA Probate
March 17th, 2017 by | Deceased Estates & Inheritance Claims
From 1 July 2015, all applications for Probate (or Letters of Administration) must be accompanied by an original Death Certificate, or a copy certified by a solicitor. The Probate Registrar has indicated that he will not accept errors on the Death Certificate. This stems from the admirable conviction that the historical records of our State… Read more »
Who Pays The Mortgage After Separation (Australia)?
June 2nd, 2016 by | Family
When a couple separates, one partner usually continues living in the family home and the other party lives in rental accommodation. However, this then raises the question – who pays the mortgage after separation (in Australia)? And am I still liable to pay the mortgage repayments if I move out of the family home? In… Read more »
Binding Financial Agreements Between Spouses
June 2nd, 2016 by | Family
Are you married or living with your partner (or planning to do so)? Do you worry about how your assets and superannuation will be dealt with if you separate? You may want to consider drafting up a Binding Financial Agreement (prenup). But before you draft or sign the agreement, you need to know what’s involved… Read more »
Proper Execution and Witnessing of Will is Vital
June 2nd, 2016 by | Wills & Estate Planning
Executing a Will is an extremely important process. All too regularly, we see Wills that have been either prepared at home through a “Will-kit”, or prepared by solicitors and witnessed at home, where the Testator (the Willmaker) and witnesses have not observed the proper formalities. It is usually a surprise to the Executors to find… Read more »
What Are Gifts in Contemplation of Death?
May 21st, 2016 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
There may be many reasons why a person wants to give away their assets when they know or believe they will soon die. Perhaps they never made a Will or don’t have time to update their current one; or maybe they want to provide a benefit to someone who has helped them or disinherit someone… Read more »
Change the Locks after Spouse Moves Out?
February 17th, 2016 by | Family
You are entitled to your privacy and security in your home. You can ask your partner to hand over their spare keys to the property when they move out. If your partner refuses to hand over their spare keys, if you are worried about your safety and/or if they attend at your home suddenly, you… Read more »
Property Settlement Where House in Ex-Partner’s Name
February 17th, 2016 by | Family
All assets are taken into account in a divorce property settlement regardless of who has legal title to the asset. Even if your ex-partner is the registered owner of the property, you may be entitled to a share depending on your contributions and other relevant factors. Property settlements includes real estate (irrespective of whether it… Read more »
Estate Planning Issues for Blended Families
November 9th, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
In my opinion, there is no more important time to consider your estate planning than when you are part of a blended family, whether that involves a second marriage, or a de facto relationship where one or both of you have your own children, or a first relationship with a partner who has their own… Read more »
Died Without a Will – Distribution of Intestate Estate
November 9th, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
I am often asked: “But if I die without a Will, won’t it just go to my family anyway?” This statement is basically true, but it is the manner in which your estate would be distributed and the obstacles to be negotiated in order to make it happen that one should be concerned about. The… Read more »
New SA Probate Rules 2015
September 2nd, 2015 by | Deceased Estates & Inheritance Claims, Wills & Estate Planning
On 1 July 2015 some long-awaited changes to the rules governing Probate applications in South Australia came into force. The aim was to make the rules simpler, easier to understand and easier to implement. Having worked with the new rules for one year, here are some things to watch out for when preparing to apply… Read more »
Gifts in Estate Planning
May 21st, 2015 by | Wills & Estate Planning
There are benefits to making gifts during your lifetime as opposed to waiting until your death to pass on your inheritance. However, there are also potential pitfalls if such gifts are not properly considered in light of your estate planning as a whole. Anyone can give another person an inter vivos gift (i.e. given during… Read more »
