For many people, COVID-19 has caused a great deal of uncertainty in areas that they previously regarded as stable: their income, the value of their assets, their ability to travel and even their ability to maintain social connections.
It is encouraging to see young people taking the initiative to ensure that they have up-to-date Wills during the uncertainty we’re facing caused by the Covid-19 Pandemic. However, it would be even more encouraging if all age groups took this initiative to review their Wills, and at the same time to appoint an Attorney and a Guardian, and to record your wishes regarding preferred medical treatment.
Now, let’s get straight to the point….. There is no need to explain the potential impact of COVID-19 on the economy. It has already been seen around the world with a significant impact on share prices, property values, superannuation and employment. This will have an impact on Family Law Property proceedings.
There is no question that we are now in uncharted waters.
The world has not seen an influenza pandemic of this nature since Swine Flu and HIV/AIDS. These are classified as pandemics despite the seeming lack of panic at the time. The Family Court of Western Australia was established by the Family Law Act in 1975 and commenced operation in 1976. Since that time, the Court has not had to deal with anything on this global scale before.
In our previous article ‘Who is a Parent??’, we touched on the importance of being a ‘parent’ under Australian Law, and the legal consequences associated with paternity.
Naturally, a good way to follow up such an article is with an explanation of why, when seeking Parenting Orders from a Court, it does not matter who a child’s parents are at all.
Separation from a spouse or partner is one of the most stressful situations a person can go through. When you have children, you have the added pressure of functioning as a parent in the midst of your grief, loss or anger surrounding the breakdown of your relationship.
The Australian Courts and their procedures and practices are far from perfect. They require reviewing, updating and amending. However, can the Courts and the “system” be held entirely accountable for the recent domestic violence tragedies we have seen in the media? Should the perpetrators take any responsibility?
We understand that separating from your partner is hard. Even if it is an amicable separation, the process is difficult and can be very stressful. When you have children, you have the added pressure of trying to function as a parent in the midst of your grief, loss or anger surrounding the breakdown of your relationship.
Separating from a partner can be daunting and often people do not know the necessary steps to take when they are trying to navigate the separation of assets, and making arrangements for their children.
Making a Will is one of the best ways of ensuring that your assets are distributed in accordance with your wishes when you die. In this age of technology with the availability of information at our fingertips, some people consider that they can do it all – and home-made Wills are no exception.
One question we often hear is; ‘Why do I even need a Will?’
Understandably, planning for your death is not usually something that you think about regularly. Often times it is considered the least important of tasks. However, considering that you could die at any moment, planning for what happens afterwards and ensuring that your estate is administered in accordance with your wishes should be considered one of the most important things you can do.
Most of us have seen, or at the very least are aware of, the American television series ‘1000 Ways to Die’. The series wittily illustrates unusual deaths, which some might describe as insensitive, and explains the science behind each of these deaths. This blog is not intended to delve into unusual deaths or science.
What it is intended to do is highlight that undoubtedly, one of the ways not to die, is without a Will.
In the recent case of Shephard v Galea & Byrne as Executors and Trustees of the Estate of the late Joseph Galea [2019] WASC 164, the Honourable Justice Kenneth Martin described the life of the deceased as an “almost perfect film script”.
Sadly, many families face the devastating consequences of loved ones suffering from addiction. It is often the cause of irrevocable harm to relationships and destruction of family units. Addiction has many forms, and it typically involves substance abuse, such as drugs or alcohol, or activities such as gambling.
When asking younger people if they have a Will, I often hear the cliché response of “I don’t have anything to give” – wrong!
The Christmas holidays are usually a wonderful time of the year where families all get together and celebrate. However, for some separated families with children, these holidays may be a time of sadness, stress and bitterness. There are ways that this can be managed with effective prior planning.
It is becoming more common for a person’s superannuation to be their most valuable asset upon their death. Unfortunately, many people remain unaware of the importance of making provision for what happens to their superannuation upon their death, causing problems for their loved ones left behind.
There is no requirement to pay an Executor a commission for acting in that role. In a lot of cases, you may find that the person appointed as the Executor of an Estate is also a beneficiary of the Estate, and that they do not have the professional skills required for the tasks involved in administering an Estate.
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