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The importance of clearly identifying relationships in your Will
Why is accurately describing relationships in your Will important? Many people wish to leave a portion of their estate to, for example, “my children”, however, it is not always clear who falls into this category. Any adopted children, step-children or people you...
What is my role as an executor of a Will?
To be appointed as the executor for a deceased person is an important role, which you must consider carefully before accepting. It is a voluntary role, which can be renounced, however once you have begun administering the estate (termed “intermeddling”) it can be...
What Are Parenting Orders and Parental Responsibility?
What Are Parenting Orders? What must first be recognised is that the term ‘parenting orders’ has replaced the term ‘child custody’ in the Family Law Act. This distinction is important to note as it reflects the courts attempt to focus on the interests of your child,...
SA abolishes the defence of provocation and amends self-defence – Everything you need to know
In December 2020, the South Australian Parliament passed legislation to abolish the common law defence of provocation and amend the law on self-defence. Provocation Prior to amendments, the defence of provocation could be used to reduce a charge of murder to the...
What is a Grant of Probate and do I need it?
A Grant of Probate is the legal process of applying to the Supreme Court to have a Will ‘proved’, which essentially means to have it be held valid and confirmed as the deceased’s last Will. When a person passes away leaving a Will and assets in South Australia, it is...
What is the role of a Family Lawyer?
In short, our role is to provide professional advice and support regarding a wide range of issues. These issues include but are not limited to, divorce, children’s living arrangements, property settlements, spousal maintenance, as well as child maintenance. We provide...
Who has ultimate control of a discretionary trust?
A trust is a relationship where one holds property (or other rights) on behalf of another. A trust is discretionary where the trustee(s) have an ability to choose whom of a class of beneficiaries will receive the income and/or the assets of the trust. This discretion...
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