4 Keys To Better Health During the Divorce Process

4 Keys To Better Health During the Divorce Process
23 Oct

4 Keys To Better Health During the Divorce Process

Going through separation and the divorce process can be stressful on so many levels. That’s why it’s imperative you really make an effort to look after your health throughout the entire divorce process. How to survive the divorce process Getting sick or rundown is not going to help when you…

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A Simple Way To Find a Family Lawyer That Works For You
09 Oct

Find a Family Lawyer Brisbane That Works For You

A Simple Way To Find a Family Lawyer Brisbane That Works For You. Depending on how long a couple has been together, separating can be a lengthy, sometimes confusing and often painful process. Then there are all the legalities involved in the situation. Find a Family Lawyer Brisbane that gives…

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Is A Diy Will Kit A Killer Choice?
02 Oct

Is A DIY Will Kit A Killer Choice?

Are you thinking about doing getting a DIY Will Kit? The letters “DIY” seem to apply to just about everything these days, and one area of 'do it yourself' that is growing in popularity is DIY will kits. It’s advisable that we all have some type of will (no matter…

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Recent Posts

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or, if a fellow family member has manipulated the persons wishes. To challenge a will, you must have an interest in the deceased person’s estate. In other words, you may be someone who is referred to in the Will, or if the person dies without a valid will in place, someone referred to under the laws of intestacy such as a spouse or child of the deceased. Reasons to Challenge a Will The most common reasons to challenge a Will include: 1. Fraud 2. Lack of testamentary capacity of the deceased when creating the Will; 3. Manipulation, coercion or undue influence; and 4. Absence of knowledge of the contents of the Will. As Wills are usually made when the deceased person is elderly, the most prominent concern is whether the Will maker had mental capacity to understand the contents of the Will. In circumstances where the Will maker lacks this capacity, the Will may be set aside by the Court. Before an order is made, the Court will consider whether the persons had a severe mental illness (such as Alzheimer’s) or a brain disease (such as Dementia) at the time the Will was made. Another reason to challenge a Will is if the Will maker was not aware of the contents of the Will or where they were pressured by someone to leave a particular item (usually property or another valuable asset) to a particular person where they would not usually have done so. If the Court decides this has been the case, the deceased’s previous Will is used. If no previous Will exists, the laws of intestacy will apply. Although a deceased person may not have a “Will” at the time of their passing, if the person wrote a letter setting out their final wishes in an informal document with their signature, the Court has the power to declare that document valid. In certain circumstances, this informal document may even be declared valid despite an earlier formal Will.

Contesting A Deceased Estate

Who Gets Animals in Divorce Proceedings

Who Gets Animals in Divorce Proceedings?

Mental Health Conditions and Parenting Arrangements

Mental Health Conditions and Parenting Arrangements

Meaningful Relationship with Both Parents

Retaining A Meaningful Relationship with Both Parents

Genetic Donors and Family Law

Sperm, Genetic Donors and Family Law

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