Blog
The 6 month rule – executors should wait 6 months before distributing a deceased estate
Distributing a deceased estate can be a relatively straightforward process, and if the estate is not complex and there are no unusual factors, it can be completed in a relatively short time frame. However, before the executor can begin distributing the estate, there are a few things they must consider.
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What to expect from your first appointment with a probate lawyer
Knowing how to prepare for an initial appointment with a deceased estates lawyer will help minimise stress and ensure the process of probate progresses efficiently and effectively.
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Making your family law financial agreement legally binding
In family law matters, the law treats financial agreements made between all separated couples the same, regardless of marital status. We explore the purpose of financial agreements in family law, and importantly, how to make them legally binding.
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When is probate not required in Victoria?
A Grant of Probate or a Grant of Letters of Administration are the two ways in which a person can obtain a Grant of Representation. However, there are occasions when a Grant of Probate is not required, or not appropriate.
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Tasks for the executor after probate is granted
Probate is the process of the Court confirming that the Will is valid and the executor may distribute the assets of the deceased estate. Once probate is granted, the executor needs to attend to several steps before distributing the assets as outlined in the Will of the deceased.
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How does mediation work in family law matters?
When the issues in question are as important as your children, wellbeing, or home, it is important that you are at the forefront of the decision-making process. Mediation is one of several alternative dispute resolution processes in family law which can provide a forum for both parties to negotiate their options and reach an agreed resolution.
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How long does probate take in Victoria?
The timeframe for probate in Victoria can vary, depending on a number of factors. Generally, the official Court process of granting an application for a Grant of Probate, assuming the application is complete and accurate, will be 1-4 weeks. However, there are other matters that can delay probate.
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A guide to family law Consent Orders
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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What are Search Orders in family law property settlement?
Search orders are a type of court order that allows one party to search premises related to another party to locate and seize specific documents or other evidence related to a family law matter.
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How does the Family Law Watchlist work?
If you’re worried that your child may be taken overseas without your consent, and there are parenting orders or a court application on foot, your child can be placed on a list known as the Family Law Watchlist (formerly called the Airport Watchlist).
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A guide to family law property settlement
When couples separate, they usually need to divide up the property between them. This is known as property settlement in family law. Contrary to urban myth, there is no presumption at law that property will be distributed equally. That is, it’s not simply a 50:50 split.
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What is the difference between child support and adult child maintenance?
We look at the difference between child support and adult child maintenance and how they are calculated. In a nutshell, child support is paid by one parent to another for children under 18 years old, while adult child maintenance is paid for children over 18.
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