If you do not have it, then you will need to apply to the Court for an Order permitting you to take your child overseas. If you are in possession of the child’s passport, unless the other parent makes an application to the Court to stop you from going overseas, then you technically have the option of simply going overseas without the consent of the other parent.
A legacy is simply a gift of cash in your Will.
After you die, you might want a spouse or a child to have the benefit of a certain asset for the rest of their lives. You can achieve this a number of ways in your Will: grant a life interest, or to create a use and enjoyment trust, and to give the specific person the benefit of that trust.
Minimise legal costs: Because lawyers generally charge for their time, whether your lawyer is performing an administrative task for you or providing you with specialist legal advice – they are charging you the same amount of money.
How does my inheritance affect my family law property settlement? by Matthew Elvin Inheritance does have an effect on the outcomes of Family Law property/financial cases. The timing of the inheritance is crucial. On the one end of the spectrum is inheritance received after separation, but before property settlement is finalised. In this case, you […]
At the first Court hearing in parenting cases, the Court will often order that the parents and the children attend an appointment with a Family Consultant for a family report.
There is only a small range of people who are eligible to receive a superannuation death benefit directly.
If you have been served with an intervention order application, you should attend the first Court hearing. If you do not attend it, an intervention Order may be made against you.
Iâ€™ve had a few more people than usual who have asked how to cut one of their children out of their Will; how can they leave them nothing. My answer is: not with absolute certainty.
Previously, Victoria was one of the most flexible States in Australia for people making a claim against a Will. Now will disputes are restricted to a list of eligible people.
In simple terms, estate assets are assets that you own in your personal name at the date of your death. These are the assets that are dealt with in your Will. Non estate assets are dealt with otherwise.
For many people, their superannuation is their biggest asset. However, your superannuation is not an estate asset to be dealt with under your Will. Instead, it is an asset held on your behalf by the trustee of your superannuation fund.
What To Expect at Your First Family Law Court Hearing by Matthew Elvin At the first family law hearing, donâ€™t expect to see witnesses cross-examined in the court room like on television shows. The first court hearing is more procedural, with the judge only usually making â€˜interimâ€™ orders. These only last until a final order […]
Pleading not guilty to less serious criminal charge – the first court hearing by Matthew Elvin If you are pleading not guilty to summary (less serious) criminal charges in the Magistratesâ€™ Court of Victoria, donâ€™t expect that you or any witnesses will be cross examined by a barrister at the first court hearing. To the […]
You have elderly parents who need more of your attention, and your children are young adults but they arenâ€™t completely independent yet. You are stuck between the generations. You are torn between them.
I am often asked â€œHow can I talk to my parents about their estate plan â€¦ without seeming like a gold-digger/control freak/Iâ€™m eager for them to be gone?â€
About half of all people in Australia experience a legal issue each year. Most of these people wonâ€™t seek legal assistance or engage the court system to resolve the issue.
But what are the reasons why I recommend this when someone is considering a solicitor or conveyancer, and what are the primary differences in the service provided?
A Simple Technique for Getting a Company to Pay What It Owes You by Matthew Elvin If a company owes you money, there is one particularly simple and effective technique to recover that money quickly and cheaply. You can even do it without a lawyer. Itâ€™s called a Statutory Demand for Payment of a Debt. […]
To get paid, the estate needs to know that you are owed money. If they donâ€™t know, and you donâ€™t give them notice, you can miss out altogether.
If you know youâ€™re going to die, you will want to do whatâ€™s best for your family, but youâ€™re probably also going to want to have a bit of fun while youâ€™re still feeling ok.
If you have recently separated, you may think that getting divorced will sort out the financial and childrenâ€™s issues between you and your ex-partner. Unfortunately, this is incorrect.
Is estate planning just for the elderly. Simple answer: NO. But the problem is that whilst its important for everyone, those that are busy never seem to get around to it.
How To Get A Refund On A Dodgy Product or Poor Service by Matthew Elvin Have you ever been misled by someone selling you a product or service? Have you ever had someone sell you a dodgy product and then refuse to give you a refund after you discovered the truth? If this happens to […]
When you die, Facebook used to give your family two options – either permanently delete the site, or make the site a memorial site. Appoint a Facebook legacy contact to make this decision.
What To Do If You Don’t Think Your Family Law Property Settlement Is Fair by Matthew Elvin Have you ever separated from a partner, agreed to a family law property settlement with them, and then later decided that you shouldnâ€™t have settled for so little? It may sound unlikely, but itâ€™s not that uncommon. Separation […]
If you have a family trust and you havenâ€™t thought about the succession of that trust, or you donâ€™t fully understand what roles you have in the trust and how it works, please read this.
Have you ever been stalked or threatened by a person? If so, you probably considered obtaining (or you did obtain) an intervention order.
Your exit strategy is your succession plan from your small business.