What to Do When Someone Dies Without a WillWhat to Do When Someone Dies Without a Will

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What to Do When Someone Dies Without a Will

Hello, my name is Kerry. Last year my mother died suddenly. When we went through her papers, we discovered she didn't have a will. My mother had been married to another man before she met my father and I had a couple of step brothers. Unfortunately, they turned up on our doorstep and started to demand that we hand over my mother's life savings to them and their family. I contacted a lawyer who specialises in probate law. She talked me through my case and explained how we would defend it in court. Thankfully, the matter was resolved to my satisfaction and I could start to grieve for my mother. I decided to start this blog to help others who have a contested will on their hands.

Steps the Courts Follow When Dividing Property After Marriage Breakdown

When it comes to division of property after divorce or separation, each situation is unique. But generally speaking, most family law courts in Australia advocate "fair distribution" of marital property. When a court applies fair distribution rules, it divides property between the divorcing or separating couples in a fair and just way, in light of the situation at hand. Before reaching a decision on the division of marital assets, here are some steps that the courts are required to follow: Read More 

How to Avoid a Punitive Jail Sentence

There are thousands upon thousands of pages representing codified laws in the criminal justice system. In fact, it's an ever-evolving process, and many new laws have been created or heavily modified today, as compared to a decade ago. Each individual case that's brought forward to the judiciary can result in an unpredictable outcome, depending on the strength of the evidence for or against, or the professional skills of the appointed counsel. Read More 

When is probate necessary?

When is probate necessary? How can I avoid probate? These are some of the questions that the surviving family members or executors have when a testator passes away. Probate is basically the transfer of the testator's assets once they pass on.  Different jurisdictions have different probate laws so you would want to talk to a probate lawyer about whether or not probate is necessary in your particular case. This article highlights four main reasons when probate may be necessary. Read More 

Why You Need to Hire a Divorce Lawyer When You’re Getting a Divorce

In Australia, people file for divorce on a no-fault basis. In a no-fault divorce, a spouse does not have to prove that their partner's actions have led to the breakdown of the marriage. All a partner needs to do is to simply state that they can no longer get along with their partner, or that they have irreconcilable differences. Regardless of this, no-fault divorce cases in Australia can take a long time to determine, especially if there is a lack of cooperation between spouses. Read More 

Tips Employers Can Use to Avoid Going to Court Over Workers Compensation Claims

One of the major headaches employers may be faced with is having a backlog of workers' compensation cases awaiting determination by the courts. If the court decisions are not in their favour, they may have to pay out huge sums of money as compensation to aggrieved workers. Aside from that, many employers want to avoid being involved in workers' compensation cases because it can tarnish their reputation — the general public usually takes it that companies faced with too many workers compensation claims do not care about the safety and health of their employees. Read More