Everyone wants what’s best for their children. In cases about children, the Family Courtshave the best interests of the children as the paramount consideration.Although it may seem simple, often separated parents can have very different ideas aboutwhat sort of arrangements are in their children’s best interests. These types of disputesabout the parenting of children, or…
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The Biggest Financial Decision You Will Make!!
Buying property is one of the biggest financial decisions you will ever make in your lifetime. Currently interest rates are low enticing prospective home buyers to enter the market. So have you found your dream home and looking to make a purchase but you are not familiar with the process? Our conveyancing team can help…
Executors (and others) Behaving Badly (?)
An Executor or Administrator (“Personal Representative”) is bound to administer a deceased person’s estate according to the Will or otherwise, according to Law. However Personal Representatives are frequently provided discretion as to how the deceased person’s estate is distributed (for example, where a Will creates a Discretionary Testamentary Trust) and in exercising those discretions, beneficiaries…
WILL MY SPOUSE GET ‘HALF’?
It is a common misconception that “My spouse/partner will automatically receive half my property when we separate”. The Court is required to be satisfied that it is “just and equitable” to make an Order altering property interests – that is, splitting assets and liabilities between separated parties. In determining a “just and equitable” division of…
Contesting a Will – Who Pays for the Fight & How Much?
In June this year, His Honour Judge McGill SC of the District Court, Brisbane delivered a decision concerning costs of a Family Provision Application involving a small deceased estate (Baker v Baker (No.2) [2019] QDC 140). The Applicants in that case, the surviving spouse and adult son, achieved an order in their favour on the…