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By Laura Di Cristofaro, Associate at Bowen Buchbinder Vilensky Lawyers
26 August 2016
Most of us are aware that a Will is a document that captures our wishes for the disposition of our assets (amongst other matters) once we die. It is not common knowledge, however, that there are also documents that one can execute in order to preserve our wishes for when we are still alive.
These documents are called an Enduring Power of Attorney, Enduring Power of Guardianship and Advanced Health Directive (sometimes called a Living Will).
For anyone who is addressing their estate planning objectives (and that should be all of us) it is important to consider the protection of your person and estate during your lifetime, as well as considering what happens to your assets once you die. To only execute a Will, and not consider what measures you take to protect the estate during your lifetime, is only addressing part of your estate plan.
Posted on: Aug 26, 2016
9 August 2016
Googling Pre-action Procedures will bring up formal documents that have been published by the government relating to Family Law called “Before you File” (the link to the Family Court of Western Australia version is at the end of this article).
Pre-action Procedures set out what couples are directed to do by the law to avoid going to court about their settlement, if possible. Couples are expected to engage in family dispute resolution.
If a person doesn’t take part in the processes described in the Pre-action Procedures documents, there are consequences that range from having a legal fight when they should have been able to avoid it, to having to pay legal costs for the other party’s lawyer.
Many couples have it clear in their minds that they don’t want to go to court but are not sure how to avoid that process.
Posted on: Aug 9, 2016
2 August 2016
A reoccurring issue that I deal with relates to people or businesses that are looking to register a caveat against the Certificate of Title ("Title") to land. A caveat when registered against the Title to the land will generally prevent ownership of the land from being transferred into another person's or entities name. More often than not, such people are looking to register the caveat against the Title because the registered owner of the property owes them money and they are trying to stop the land from being sold so as to secure payment of the debt owing to them.
Unfortunately, a caveat cannot be registered against a Title simply because the registered owner of the land owes money to the person or entity seeking to register the caveat or for some other reason that person wishes to prevent the transfer of ownership of the land into the name of a third party.
Posted on: Aug 2, 2016
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