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What is a Will?

A Will is a legal document that advises of your wishes for your assets after your death. A valid Will must: Be in writing. Be signed by the maker and such signature be witnessed by two independent witnesses. Be made by a person who has testamentary capacity. Be made...

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What is a Grant of Probate?

A grant of Probate is a legal document sealed by the Supreme Court of New South Wales. It authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased's will. The executor is the person who is...

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What is a Grant of Letters of Administration?

A grant of Letters of Administration is a legal document sealed by the Supreme Court of New South Wales. It is usually used when the deceased did not leave a will, or the original will cannot be located. It authorises the applicant (or applicant’s) to manage the...

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Family Law and the Notion of Supervision

Whilst not a long term option, the issue of supervision is one that is considered by the Courts on a daily basis. The Family Law Act 1975 places a significant emphasis on the need to maintain the relationship between children and each of their parents whilst...

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Contesting A Will – What You Need To Know?

In Australia each state has a different set of rules which apply when contesting a Will, so it is exceptionally important that if you intend on contesting a will, you do it in your state. In NSW eligible persons can contest a will by applying to the Supreme Court for...

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What is Financial Disclosure?

Parties to a property matter have a duty to make full and frank financial disclosure in a timely manner. All documents that are within a parties’ possession, power or control that are relevant to the case must be disclosed. This includes information recorded in a...

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Superannuation Splitting

Superannuation is treated as a type of property interest under the Family Law Act 1975. The Act stipulates that, in proceedings for property settlement, the Court may make orders in relation to superannuation interests of the parties. This applies whether the parties...

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Consent Orders & Financial Agreements

Reached an Agreement About Property - Now What? If you and your former partner have reached an agreement about how the assets of your relationship will be divided, it is important that the agreement is properly documented. It is important to do this to prevent future...

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How to Divorce in Australia

The breakdown of a relationship is never easy, there are often many steps involved when there is a breakdown of a relationship including property issues, children and divorce. In Australia, a divorce may be obtained in either the Family Court of Australia (if you...

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Read our plain English handbooks

These fact sheets are designed to provide an overview of the relevant issues and systems so that you have a better understanding of the process.