Szabo & Associates News & Updates

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

“I Leave My Estate in Equal Shares to Each of My Children.” What if one of the Children Pre-Deceases the Will-Maker?

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The principle underpinning the NSW statutory provisions relating to this question can be traced at least as far back as England’s Wills Act of 1837. Rather than the gift lapsing, in essence, the principle states that if a parent leaves a gift to their child, where that child had died leaving children of their own, then those children (the grandchildren of the person making the Will in question) should receive the share that would have gone to the parent had the parent not died. That is unless a “contrary intention” was to be discerned from the Will.

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What Effect Will the Short Duration of My Marriage Have on My Property Settlement?

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Short marriage (or de facto relationship) is an expression used, in a family law context, for one which has lasted less than about five years. The Court will determine what property settlement will be “just and equitable” for each of the parties. Outcomes can be quite different compared to a long marriage.

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How Can a Binding Child Support Agreement Be Altered? Has COVID-19 Changed Things?

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Binding child support agreements are written arrangements between parents or carers about child support payments. They can only be made if the parties have received independent legal advice. Once agreed, they are not lightly altered or set aside. However, COVID-19 has had far-reaching impacts on many aspects of life. A recent case, involving an application to set aside a binding child support agreement, illustrates the potential impact of the current pandemic on such agreements.

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Is There a Way to Resolve a Property Dispute Concerning the Disposal of a Property if a Joint Owner Is Reluctant to Sell?

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Disputes over the disposal of jointly owned properties are not uncommon and can arise in numerous situations. If, for example, a couple splits, one party may not want to sell the jointly owned property.  Alternatively, a party may have inherited a share in a property in a Will or have put money into an investment property, and there is resistance to making a disposal by joint owners.

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Can I Still Receive Child Support if the Other Parent is Overseas?

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Child support refers to the financial support available for children under the Child Support (Assessment) Act. The purpose of the support is to ensure the well-being of children is properly maintained when parents separate. Both parents are expected to pay depending on their individual circumstances. But what happens if one parent moves overseas? Are they still expected to pay child support?

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