FREQUENTLY ASKED QUESTIONS

Wills

• When should I make a Will?
• When should I make a new Will?
• How often should I review my Will?
• Can my Beneficiary be my Executor?
• Can my Beneficiaries alter my Will?
• How should I store my original Will?

Estate Planning and Administration

• Can I make plans for the structure of my Estate now?

Powers of Attorney

• What is a Power of Attorney?
• Who can make a Power of Attorney?
• Who should I appoint as my Attorney?
• What is an Enduring Power of Attorney?
• When does the Power of Attorney take effect?
• What is the difference between a Power of Attorney and an Enduring Guardianship?

Enduring Guardianships  

• What is an Enduring Guardianship?
• Who can make an Enduring Guardianship?
• Who can I appoint as my Guardian?
• What kind of decisions can be made by my Guardian?

Probate

• What is Probate?
• What happens if the Deceased leaves an informal or an ambiguous Will?
• What if there is no Executor?
• How long will it take to obtain Probate and distribute the assets of the Estate?

Buying a House

• I want to buy a house, what's my first step?

De Facto Relationships

• If I am sharing a house with someone, does that constitute a de facto relationship?
• Does the Property (Relationships) Act 1984 only apply to male/female relationships?
• There are no children of our relationship, how do I go about structuring a property settlement?
• If we can't reach agreement, what happens then?
• How long do I have in which to bring a property claim?
• What about if we have children born of our relationship, can I still get orders regulating issues relating to those children?
• Does that mean that if I want property orders as well as orders regarding the children, I have to make application in separate Courts?
• What does the Court take into consideration in deciding what I should receive as my share of the property settlement?

Family Law

• Do I need to have grounds for wanting a divorce?
• After I separate how long do I have to wait before I can apply for a Divorce?
• Do I have to wait 12 months before applying for orders relating to the children?
• If we cannot reach agreement, what happens then?
• If the children are living with me how can I ensure that my spouse pays the appropriate level of Child Support.
• Do I have to do a property settlement at the same time as I apply for a divorce.
• What does the Court take into consideration when determining my share of the property?
• If the children live with me, will I get a greater proportion of the property?

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