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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 voluntarily. Deal with assets. Appoint at …

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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 responsible for applying for a grant of Probate, …

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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 estate of a deceased person in accordance with …

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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 paper document or stored by some other means (such as …

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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 were married or in a de facto relationship. The first step is to …

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will disputes law

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 claims, to ensure the protection of assets accumulated post-separation …

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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 reside in Western Australia) or in the Federal Circuit Court of …

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Enduring Guardianship

When it comes to making important decisions, especially once someone has lost capacity, most of the time the immediate thought goes to financial management. Many do not consider what will happen if they are in a position where they are unable to make lifestyle and medical decisions. An Enduring Guardian is a trusted person a …

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Mediation in Parenting Matters

After the breakdown of a relationship, stress levels can be at an all-time high with emotions running wild. When it comes to the care of children, parents understandably can become very stressed about the future care of their children including who they are going to live with, what school they are going to attend and …

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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.

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