family & wills lawyers | business advisory & accountants

The issue of property settlement between married and de facto parties is complex and technical.  A High Court decision has now made this more the case. If you are 40 something and one of your parents (or both) have re-partnered and you are wondering about the effect this may have on your inheritance, then read on. If you think a property settlement cannot happen whilst you are not separated, think again. Generally speaking, the Court cannot make a property settlement order unless it is satisfied that, in all the circumstances, it is ‘just and equitable’ to do so. The case of Stanford v Stanford [2012] HCA 52 has highlighted the importance of carefully considering this term. The husband and wife were married for over 40 years.  Both parties had been previously married and had adult children.  The family home was registered in the husband’s sole name. During the relationship, they each made…

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Your will and power of attorney are only two elements of your overall estate plan that need to be considered. Other matters when we can advise you on including setting up Family Trusts; death benefit nominations for your superannuation fund; and relevant insurances. In many cases it may also involve entering into a Financial Agreement. Because of our vast experience in family law, we are well placed to give you technical and practical advice about how best to protect your family’s wealth, and the wealth of future generations to come, especially in the event of family breakdown. Estate Planning case study- the Estate of Peter Brock The Estate of Peter Brock (a famous race car driver of course) is an excellent example of the importance of proper estate planning. By way of background, Peter had his first will prepared in 1983. It was professionally drafted and properly executed. It was…

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