What is Guardianship and Administration? Guardianship or someone being appointed as an administrator applies in situations where an individual with a disability has limitations on their ability to make decisions for themselves, whether that be for their personal life, financial affairs, or their housing. They may need someone to make all those decisions, or perhaps […]
What is Family Violence? Family violence is defined in s5 of the Family Violence Protection Act 2008 (Vic) as being behaviour that is physically, psychologically, emotionally, economically abusive or otherwise threatening, coercive or dominating behaviour that causes a family member to feel fear for their safety or wellbeing, or for another (such as a child). […]
Sometimes, parenting disputes can lead to parenting orders to be made by the court, which are orders that outline the parenting arrangements for a child or children of a relationship or marriage. These orders will include information about who the child/ren will live with and where, whether one parent has sole parental responsibility, and who […]
Who you want to take care of your financial, personal, and medical affairs if you were to lose capacity by way of Enduring Powers of Attorney (financial and personal) and Medical Treatment Decision Makers? Who you want to be your executor and/or trustee? Do you need to consider incorporating a testamentary trust in your Will? […]
Embassies and Consulates Documents notarised by an Australian Notary Public for use overseas may be required to be “legalised” or “authenticated”, before accepted by foreign governments or businesses. Foreign governments or businesses usually require Australian notarised documents, as well as other Australian public documents, to be either “apostilled” by the Australian government, or “legalised” by […]
When a person dies leaving assets in Victoria, somebody, usually the executor of the deceased person’s Will, has to deal with the administration of the estate. Administering the estate means following the legal processes to distribute the estate as the Will-maker wanted. The person does not have authority to deal with the assets of the […]
Testamentary capacity is a gauge of the mental faculties of a testator when they create their will. A testator must be of competent mind, understanding, and memory in order to make a valid will. All testators are assumed to have testamentary capacity until it is proven that they do not. Whether or not a client has […]
The Powers of Attorney Act 2014 commenced on 1 September 2015. Are the previous Powers of Attorney valid and how can the Principal revoke them? Enduring powers of attorney (financial) and enduring powers of guardianship properly made before this date are valid. Revocation of enduring power of attorney (financial) A person who made an enduring […]
It is often that that a marriage or a divorce automatically revokes a will. Is it so? Marriage Section 13 of the current Victorian Wills legislation deals with the effect of marriage on a will. Marriage revokes a will unless the will was made in contemplation of that particular marriage. The contemplation need not be […]
A reseal is necessary as the personal representative appointed (executor or administrator) by a grant in a foreign jurisdiction cannot deal with assets in Victoria, although enquiries should first be made with asset holders as some, such as banks and share registries, may accept a grant from another jurisdiction together with satisfaction of other requirements. […]