Szabo & Associates News & Updates

The Latest Conveyancing, Wills & Probate and Business Law news from Szabo & Associates

Have You Inadvertently Managed to Invalidate Your Will? Marriage, Separation and Divorce and Their Impact on Your Will

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Most people understand the importance of a valid Will. Therefore, it would be more than unfortunate to invalidate a Will ‘accidentally’. However, certain key life events, such as marriage, separation, and divorce, can potentially impact a Will even to the extent of revoking (invalidating) it altogether. As such, it is important to understand what unintended consequences there may be as a result of these significant life events.

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How Are Significant Gifts Treated in a Post-Separation Property Settlement?

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Following separation, a couple will need an agreement to divide their property between them. This process is known as property settlement. The process will involve dividing assets and liabilities with an expectation that there will be a fair and equitable division of the marital ‘pool’ between them.

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What Rights Does a Parent Have to Relocate With Their Child?

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Following separation, a parent has a right to relocate and may wish to do so because of work opportunities or the presence of other family members who can help with child care. However, whether they are able to do this with their child may not be straightforward.

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Can a Will Maker’s Hallucinations and Delusions Invalidate the Will?

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One of the recognised grounds for challenging a Will is that the Will maker lacked the mental (testamentary) capacity to understand what they were doing at the time it was signed. The recent case of Croft v Sanders (2019) in the NSW Court of Appeal illustrates the relatively high bar that must be met in order to make such a challenge to a Will successfully.

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Is There an Age When Can a Child Decide Where They Wish to Live?

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The short answer to the question is that there is no age at which a child can decide by themselves where they are going to live following a parents’ separation.

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107 Hits

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