Unlike other assets, a person’s superannuation does not automatically form part of their estate. Therefore even though a person’s will may state that they wish assets to be distributed in a certain Continue Reading
How to write a character reference
A character reference is an important letter for the court as it assists the judge to make an impression of the accused. As character references are written often by someone who has a relationship Continue Reading
Challenging a Will – Part IV application
A Part IV Application under the Administration and Probate Act 1958 Victoria is a claim for family provision made against a deceased estate. An Application under this Act is made in circumstances Continue Reading
What is the diversion program?
If the accused is a first time offender, and the alleged crime is a relatively minor one, then they might be eligible to have their matter dealt with by way of diversion. Whilst the existence of a Continue Reading
What is a Solicitor’s/Guarantors Certificate?
A guarantee to a loan is an agreement made by a third party with the lender to better secure, for the benefit of the lender, the obligations under the loan. This typically boils down to a person Continue Reading
What is a mortgage?
A mortgage is a loan in which property is used as collateral. This is a legal agreement between the lender (mortgagee) and the property owner (mortgagor) which secures the loan by allowing the Continue Reading
What is an executor of a Will?
What is an executor of a Will? When you make a will, in that will, you will appoint an executor and, potentially, a substitute executor should, for example, you outlive your first choice Continue Reading
What are Letters of Administration?
Letters of Administration are granted by the Supreme Court when a person dies without leaving a valid Will. This Order by the Supreme Court allows for someone to be appointed to become the Continue Reading
What is Probate?
A grant of Probate is a court order made by the Supreme Court (in its Probate jurisdiction) that grants a person, usually the executor named in the will, the legal right to administer the estate of a Continue Reading
What is the cooling-off period?
The cooling of period is a right, under Section 31 of the Sale of Land Act 1962, which allows a Purchaser to end the contract within three clear business days of the day of execution of the contract. Continue Reading