Scenario: Mrs Smith married Mr Smith who had two children from a former marriage. Mrs Smith had no natural children of her own. Mr Smith predeceased Mrs Smith with Mrs Smith dying several years later. Are the children of Mr Smith entitled to make a claim against the estate of the Mrs Smith? The children of Mr Smith became the legal step-children of Mrs Smith at the time of the … [Read more...]
Buying Your Dream Home? Why You Need More Than Just a Conveyancer
Purchasing a new home is undoubtedly one of the most exciting, yet stressful of life experiences. Recently we had the absolute privilege to assist a young family secure their ‘dream home’. They, like many new couples, quickly realised that becoming a home owner was about much more than simply identifying their search area, drawing up a wish list and agreeing on a maximum budget. In fact, … [Read more...]
Property Settlements After Separation: Who Gets the Toaster?
Relationship breakdowns are frequently likened to a death. Certainly, like a death, there is a good degree of grieving involved, along with the more practical management of affairs. During what is nearly always an emotional time this can seem like an insurmountable challenge. Property Settlement is an arrangement about how you and your ex-spouse or domestic partner distribute property. It … [Read more...]
All I Got For Xmas Was A Divorce: Where To Next?
It is a sad fact that, with the Christmas season over, many couples move into the New Year with a plan to go their separate ways. Certainly, once the children head back to school it is not unusual for lawyers to be inundated with queries from people who need legal support during this time. Admittedly, supporting families through this experience is one of the saddest and confronting … [Read more...]
Estate Planning Series: Part 3 “Dealing with Non-Estate Assets”
With many ‘average Australians’ having assets which are ‘non-estate’ assets, it is crucial that these individuals develop strategies (ie an estate plan), to ensure that the control of these assets is passed to your loved ones upon your death. In part 2 of the Estate Planning series I identified some situations where assets may be non-estate. In this article I will explore some general … [Read more...]
Estate Planning Series: Part 2 “Understanding the Difference Between Estate Assets and Non-Estate Assets”
What is an estate asset? An estate asset is one held in your own personal name. Examples of these include real property held in your personal name or an interest as tenant in common, bank accounts in your sole name, vehicles and shares that are also held in your personal name. What is a non-estate asset? A non-estate asset can’t be dealt with in accordance to your Will. Non-estate … [Read more...]
Understanding the Form 1 and why it MUST be accurate?
Selling your family home? Thinking of purchasing property? At some point, be it as a purchaser or a vendor, you will come across a Form 1. Whichever side of the real estate fence you stand on it is worthwhile understanding exactly what this document is. In a nutshell the Form 1 is a formal statement served on the purchaser which provides details of the property being transferred. This … [Read more...]
Estate Planning Series: Part 1 “Not Just for the Rich”
There is a common misconception that estate planning is just something that wealthy people need to do. Wrong. While anyone with a lot of assets and capital behind them certainly needs a comprehensive estate plan, it is also important that ordinary Australians have one too. “But I’m not worth much dead.” I hear you say. On the surface this may be seem to be the case. However, if you have … [Read more...]
Doyle’s Guide 2016: Welden & Coluccio Lawyers Still Shining
At Welden & Coluccio Lawyers we absolutely love what we do. In fact, the passion that we have for Estate Planning, Administration and Litigation is the real secret to our success. While our appetite for the Law keeps us busy for the most part, occasionally we do stop and gauge how far we have come and celebrate our successes. Perhaps somewhat of an industry secret, Doyle’s Guide, is an … [Read more...]
Technology & Teens: Understanding the Risks
Maddalena Romano is a solicitor with many years’ experience working as a criminal lawyer. As a trained teacher, she is deeply passionate about the needs of young people and the capacity of education to influence the lives of people positively. I couldn’t imagine a life without technology. In fact, separate me from my mobile phone and I’m pretty sure it won’t take long before the headaches and … [Read more...]