A valid Will determines how your estate is dealt with after you die. Your Will can appoint an appropriate family member or trusted friend to administer your estate (your executor), nominate guardians for young children, determine who will receive your assets and give direction for specific funeral and burial arrangements. Without a Will, the finalisation […]
Coercive Control Offences in New South Wales
Recent research found that 99% of intimate partner homicides in New South Wales that occurred between 2008 and 2016 were preceded by evidence of “coercive control” within the relationship. In 2022, the NSW parliament introduced a bill law to criminalise coercive control in an effort to prevent intimate partner homicide. Enforcement of this law will not […]
Ensure the Will is up to date before a loved one loses capacity
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 – Facebook, Instagram, Twitter, Snapchat and the like – can be a lot of fun and have 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 […]