Who Gets Animals in Divorce Proceedings?

Who Gets Animals in Divorce Proceedings
29 Apr

Who Gets Animals in Divorce Proceedings?

What Happens to Pets and Animals During Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision…

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Genetic Donors and Family Law
03 Apr

Sperm, Genetic Donors and Family Law

Sperm Donors and Family Law Although sperm donations have historically been subject to anonymity in Australia, recent legislative reform and case law suggest a definitive movement towards inclusion within Family Law and Parental Responsibility. In all states and territories of Australia, donating sperm anonymously is now banned through legislation or…

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needing-info-about-family-law-court
18 Mar

Do you need information about the Family Law Courts in Brisbane?

Important information and contact details about the Family Law Courts in Brisbane Call the National Enquiry Centre on 1300 352 000* The Family Law Courts’ National Enquiry Centre (NEC) is the entry point for all telephone and email inquiries about Family Law Court matters in the Family Court of Australia and…

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Structural Reform of the Federal Courts
04 Mar

Structural Reform of the Federal Courts

What Does Structural Reform of the Federal Courts Mean To You? On 30 May 2018 the Government proposed to establish the new Federal Circuit and Family Court of Australia (FCFCA), amalgamating the two courts together under a new regime. In addition to this proposed structure, a new Family Law Appeal…

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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

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