The question of mental capacity is an important consideration in will-making and can be a contentious issue. How often do we hear family members arguing over a loved-one’s ‘state-of-mind’ and ‘what Grandad would have wanted’ when sadly, his memory and ability to make reasonable decisions comes into question. This may be due simply to age, […]
Understanding easements in your property contract
Identifying and understanding easements in a property transaction is an important part of the conveyancing process. Vendors are required to disclose all easements affecting the land they propose to sell in a property contract, and buyers should ensure they are aware of the impact an easement will have on the land they are about the […]
Criminal charges and mental health – s14 applications and diversion orders
In NSW, most people over the age of ten are legally responsible for their own actions. If they break the law, they incur criminal liability and may suffer the associated punishment. However, a person suffering from a serious mental illness or cognitive impairment may not be held responsible for their crimes or traffic offences in […]
Social media and family law – Just don’t do it!
Social media, including Facebook, Instagram, Twitter, Snapchat, and the like, can be a lot of fun and has become an accepted part of modern life. Many of us use such forms of electronic communication to share the exciting, as well as the banal events in our lives, to express our views and to stay in […]
Buying Property with Someone Else – Considerations for Property Co-owners
Buying a property with someone else is a great way to share the fun, stress, and cost of the venture. Often people buy a house with their significant other, to make a home or invest together. Others buy property with friends, relatives or business partners. Joining forces with someone else can increase your borrowing power, […]
What a Will Kit doesn’t do
There are various ‘Will Kits’ available on-line – most are cheap or ‘free’ and all you need to do is download them and fill in the blanks. Many websites boast that you can prepare your Will ‘without spending hundreds of dollars on legal fees’. Simple, right? Not really. Generating an on-line Will may seem easy, […]