Whilst the breakdown of a marriage is one of the most devastating human experiences that a couple and their children (if any) will ever face, there are sometimes a forgotten set of people who are nevertheless deeply affected by the breakdown. Not only will they witness their child suffering through the emotional trauma of such an event, but when a separation is less than amicable, their access to spend time with their grandchildren might be threatened. This can be heartbreaking for both the child and nan / pop. So, do grandparents have any rights? Could they approach the court in such instances?
The short answer is: they might. Any skilled attorney should raise this issue when facilitating a couple negotiating the terms of their divorce and more specifically, the conditions of parental orders. Terms can be negotiated privately between the parents (aka consent orders) and then ratified by the court as a parental order - or of course after a court hearing or trial. These terms can include (amongst many other issues) how much time the child can spend with other people such as grandparents and how they may communicate with them. As with any of the other agreed conditions, parental responsibility continues until the age of 18 when the child is recognised as an adult and has the capacity to make their own decisions.
The most important guiding principle that is followed by the courts when making a parenting order, according to the Family Law Act is the ‘best interests of the child”. It is perhaps also the most appropriate and compassionate principle that should guide parents in this situation.
If you are facing a family crisis and require legal guidance or assistance, contact our caring team for an obligation free confidential consultation. Whatever painful decisions you may be facing, we can ensure that you are equipped with expert legal advice.
Call us for an obligation free consultation on (03) 9729 6811 / contact@kerrandthomas.com.au or visit our website at www.kerrandthomas.com.au
]]>If you were named in a Last Will but learn or suspect that it was superseded by a new Last Will in which you are not a beneficiary, would you be able to ask for a copy of the new Will?
Section 50 of the Victorian Wills Act lists the persons entitled to inspect a Will:
Do you know that if you were a beneficiary of a previous Will but not included in the Last Will, you may be able to challenge the Estate and seek a portion of the Estate under Part IV of the Act? Should you be an eligible person, do you know that your costs are payable by the Estate?
Kerr & Thomas have assisted numerous clients to obtain their fair share of Deceased Estates for over 45 years. We hold the Last Wills of thousands of clients in our custody and continue to bring about successful outcomes for our clients.
Call us on (03) 9729 6811 / contact@kerrandthomas.com.au or visit www.kerrandthomas.com.au
]]>Court proceedings are expensive and the best course of action is always to try and reach an agreement with your partner about the most acceptable way to divide the common property. This can be done with the involvement of a competent attorney/s and without the necessity for protracted and expensive court proceedings.
2. If you reach an agreement without initiating court proceedings, you can still formalise the agreement by obtaining a consent order in the Family Court. Again, this will save substantial legal costs.
3. If you cannot reach an agreement, then an application can be made to the Family Court for financial orders. Court proceedings are time consuming and costly and can ultimately greatly diminish the asset pool that will be available for distribution between the parties.
4. Whilst there is no mandatory formula per se, used to divide assets, factors that will be considered are :
If you are facing a family crisis and require legal guidance or assistance, contact our caring team for an obligation free confidential consultation. Whatever painful decisions you may be facing, we can ensure that you are equipped with expert legal advice.
Call us for an obligation free consultation on (03) 9729 6811 / contact@kerrandthomas.com.au or visit our website at www.kerrandthomas.com.au
Download our free 10- point guide to a happy relationship here
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This is the most asked question of our Wills and Estates team by clients.
The short answer is that whilst a ‘D-I-Y Will’ may be valid, it may be also be bereft with flaws that can have serious consequences for your estate
The most basic definition of a will is perhaps: an instrument by which a person directs how his or her assets are to be distributed after death.
Assets include real property, so using that as an analogy, would you risk drawing up your own contract if you were selling your home? If your answer is no, it is presumably based on your belief that your lack of knowledge could result in you making mistakes which could result in incurring losses and penalties.
Similarly, in the area of will and estates, DIY wills can result in estates being subject to a myriad of issues including claims on the estate by third parties which may have been avoided if legal advice was sought prior to executing the last will.
This is more an issue for blended families where the particular circumstances give rise to rights and obligations of the various family members and can result in protracted litigation if the last will does not address same.
Whilst a D-I-Y or off-the-shelf last will is relatively cheap, the costs of a challenge can run into thousands or more, depending on the complexity of the matter, decimating the value of the estate.
So how much does it cost to draw up a legally sound will? This depends on 2 main factors:
If you want to find out more or if you are facing a will dispute, contact our friendly team and we will assist you to resolve your problem.
Kerr & Thomas currently hold the wills of several thousand clients which is a service we have provided to our clients for over 45 years.
Call us for an obligation free consultation on (03) 9729 6811 / contact@kerrandthomas.com.au or visit our website at www.kerrandthomas.com.au
]]>People generally empathise with first responders and police officers as they are people who are constantly exposed to tragedy and human suffering. Most people would not realise that lawyers too are a profession constantly exposed to tragedy and suffering.
Although, some view the legal profession as being mercenary and cold, and perhaps at revenue-driven, large commercial firms, that reputation is not undeserved. But it is not always the case. In a boutique firm such as ours, our team can, whilst assisting a deliriously happy couple on the cusp of their new life together, be comforting the beneficiaries of an estate who have lost their beloved parent. We could also be sharing the joy of a family executing papers for their new home, whilst patiently helping a client whose marriage has irretrievably broken down, navigate an amicable resolution.
The spectrum of human emotion encompassing all its trial and tribulations, pass through our doors on a daily basis, and we have to deal with them all professionally and compassionately.
I am proud of my team. They are competent and efficient and I am privileged to have them with me. They are also moms, dads, sons, daughters and mates, and we never forget that you, our clients, are too.
Thank you for all your support over the past few years. Merry Christmas and may 2019 be a year of wonderful memories for you and your loved ones.
Dilan De Silva
Principal.
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