Remote Execution of Legal Documents during COVID-19

Prior to 12 May 2020, a Will and Power of Attorney would only be validly executed in Victoria if it was physically signed in the presence of two adult witnesses. The Electronic Transactions (Victoria) Act 2000 specifically excluded Wills from being able to be validly...

read more

Succession Planning And Wills & Estates

When a person dies their Will comes into effect to deal with their estate, but what happens if both parties/ parents/ business partners die at the same time? Whose Will takes first effect? The Succession Act 2006 regulates how an estate is distributed upon the death...

read more

Pet Custody Following A Relationship Breakdown

Pets are often treated as another member of the family, so what happens if you separate from your partner? Who gets your beloved pet? It is a common misconception that when there is a relationship breakdown, pet disputes are treated as a custody battle. There is no...

read more

What are some Pre Court Dispute Resolution Processes?

The most common form of dispute resolution process before resorting to Court proceedings is mediation. Mediation is also often required by the Courts after proceedings are initiated, to try to get the parties to resolve or narrow the issues in dispute before a hearing...

read more

What Happens to Your Inheritance When You Separate

Are inheritances a marital asset required to be shared with your spouse post-separation? Many people are unsure how an inheritance will be treated if they separate from their marital partner. Recently a client asked me whether a potential future inheritance would have...

read more

Contesting A Will – What Do You Need To Know?

What is the difference between challenging a Will and contesting a Will? Challenging a Will is different to contesting a Will. Challenging a Will means bringing a case alleging that the Will is not valid, for example that it was executed improperly or under duress, or...

read more

Business and Personal Debt Recovery Options

Letters of demand A lawyer’s letter of demand is the first step if you have a debt that is going unpaid. Usually, the cost of issuing such a letter will not be high, however if the debtor disregards the demand you will have to take further action as detailed below....

read more

Estate Planning & Will Preparation – A Checklist

There are many reasons to have a Will in place. Many people are prompted by events such as buying a property, getting married or having children, or getting divorced – all great reasons to have a Will in place. Bear in mind that if you marry, your existing Will...

read more