ADVICE

For more advice and information see the Justice website

9 Mar 2020

The purpose of the Family Protection Act 1955 is to ensure a deceased’s duties to their close family member are met.

The Act allows certain family members of the deceased to apply to the Court requesting provision to be made to them from the deceased’s estate.

Spouses, d...

11 Apr 2019

When one partner dies, the survivor still has an entitlement to division of relationship property.

The surviving partner needs to either negotiate that entitlement with the Executors or Administrators of the deceased partner’s estate, or apply to the Family Court within...

11 Apr 2019

Division of property 

Your relationship property is usually divided on a 50:50 basis after a marriage or committed relationship that lasts three years or more. Couples in a relationship of less than 3 years can in some circumstances have their property divided on the ba...

11 Apr 2019

Wills and estates

A person of sound mind can make a Will leaving their estate to whom they wish.

However if their Will means a breach of moral duty, perhaps owed to a dependent spouse or child, the Family Court can intervene to rectify the breach.  Similarly if a Will f...

11 Apr 2019

In some families property is held in a Trust. When a relationship breaks up the issue is then how the entitlements of the partners should be resolved in the changed circumstances.

It is increasingly common for the family home to be trust property, and sometimes business...

11 Apr 2019

The Property (Relationships) Act 1976 applies to division of relationship property, unless the partners have agreed otherwise.  Such an agreement has to be a valid written Agreement made pursuant to the Act. 

These Agreements are Pre-nup Agreements, but they do not...

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