The Guardianship and Administration and other Legislation Amendment Act were recently passed. The provisions have not yet commenced. It makes a number of changes to the law relating to guardianship and powers of attorney which aim to strengthen protections for vulnerable adults.
The loss of a family member is always a difficult time, but it can become more distressing to learn that you have not been included in the Will.
Generally, a person may leave their assets to whomever they wish. However, the law recognises that there are those who relied on the deceased for support that can sometimes be unfairly left out of the Will and are therefore able to make a claim so their needs are adequately provided for.
Most people know someone who has been affected by a family breakup. It is usually a very stressful and emotional time where people are anxious about the divorce, the property settlement and the emotional wellbeing and care arrangements for children.
Unfortunately, this is reflected in a great quantity of inaccurate statements, often regarded as fact by those, in the community.
A company constitution is usually drafted in a standard format and does not provide protection for shareholders in the event of a dispute between them or where issues arise not covered by the constitution.
A shareholder agreement, which properly outlines the steps to be taken in the event of disputes and certain circumstances arising, can be an effective tool for avoiding the cost of litigation.
Privacy law in Australia is governed by the Privacy Act 1988 (Cth) (the ‘Act’) and the Australian Privacy Principles which affect the handling of personal information.
The principles were introduced in 2014 to bring Australia’s privacy laws (first introduced in 2001) in line with advancing technology trends and to provide more transparency around the capture and use of personal information.
It is important for everyone over 18 to have a Will to make sure their wishes are followed and their assets are distributed as they would want after they die.
If you don’t have a Will, your assets will be divided according to how the law dictates in the rules of intestacy, that is, when you have not made a Will. If you die intestate it is very likely that your estate will not be distributed as you would have desired.
Following the breakdown of a marriage or de facto relationship, it is common for separated parties to be unsure and therefore anxious about their entitlements in a family law property settlement and the assets they are likely to retain.
This is only natural given that Family Law is a complicated and emotional area of law which is often poorly understood.
The term “buying off the plan” usually refers to purchasing a property that is not yet registered as a separate lot with the land titles registry, or not yet built.
Buying off the plan can refer to the purchase of a block of vacant land that is part of a subdivision, or a house or unit being built for sale where the land on which it stands is not yet registered as a separate title.
An estate plan involves more than signing a Will and storing it in a ‘safe place’. Estate planning requires a holistic approach in consideration of a person’s present circumstances and foreseeable future.