Succession law explained
In NSW s66G of the Conveyancing Act 1919 titled 'Statutory trusts of property held in co-ownership'. It is a legal tool for resolving co-ownership disputes by application to the Supreme Court. Essentially, it forces the sale when one or more owners are uncooperative – and where they're fighting between themselves. Under Section 66G, a co-owner …
Continue reading "Real property, Co-owners and forced sale"
In Western Australia s 7(1) of the Family Provision Act 1972 provides a list of individuals who are eligible to apply for family provision under s 6(1) of the Act. One of the qualified applicants is someone who was living with the deceased as their de facto partner immediately before their death. Section 7(1) of the Family Provision …
As a superannuation fund member, you can transfer some or all of your current superannuation between super funds, including self-managed superannuation funds (SMSFs). This process is known as a rollover and must be processed electronically using two components: a data message and a separate payment transfer Both of these are legal requirements; however, there are …
Continue reading "A forged request for a rollover is not a valid request"
A court may consider a family provision order if an eligible person is challenging a Will because it did not adequately provide for their maintenance, education, or advancement in life. The Court has the statutory power to make consequential and ancillary orders in many ways, including in any other matter the Court thinks necessary. The …
Continue reading "Family Provision, Grandchildren & Contingencies"
An international treaty called the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), adopted by the United Nations General Assembly in 1979 and considered an international bill of rights for women, officially took effect on 3 September 1981. To date, 189 states have ratified the treaty, but over fifty countries that …
The people of New South Wales (NSW), have had access to voluntary assisted dying as an end-of-life care option under the Voluntary Assisted Dying Act 2022 from the 28th of November 2023. Voluntary assisted dying (VAD) enables eligible individuals to request medical assistance to end their life. To be eligible, the person must be in …
The South Australian Parliament passed legislation to consolidate and modernise all succession law in South Australia under the Succession Act 2023 (SA) on 18 October 2023, with the Act receiving the Governor's assent on 31 October 2023; however, it will only commence on a date yet to be proclaimed by notice in the Gazette. This …
The freedom of testation is a general principle of succession law, meaning you can leave your estate to whomever you wish. However, this can be unfair and unjust, especially when a spouse or child of the deceased experiences hardship due to the deceased's whims, such as giving money to a specific organization or neglecting the …
The Commonwealth Parliament implemented the resale royalty right for visual artists in Australia on June 9th, 2010. This system offers an additional income source for visual artists and their heirs. Visual artists typically only profit from the primary sale of their artwork. At the same time, other creative works, such as books and music, commonly …
Continue reading "Visual Artists Resale Royalty Rights Scheme."
Stone v Kramer [2021] NSWSC 1456 concerned the ownership of a rural Colo Property. David Lindsay Stone (the Plaintiff) filed a statement of claim against the defendants, Hilary Lorraine Kramer and Jamie Ferrer, who are the executors of the estate of the late Dame Leonie Judith Kramer(the deceased). The background The Plaintiff had farmed the …