By Jasmine Cario Estate Planning can be a stressful matter and is often something that we postpone, especially in circumstances where relationships between family members have broken down or when faced with potentially difficult decisions. In answering the question, “What is the point of making a Will if it can be contested?”, you must consider [...]
Nicholas Kyriakoudes Although a final parenting order is not actually considered to be “final” in the true sense of the word, the Court will not lightly entertain an application to reverse such an order, on the basis that to allow a party to do so would invite endless litigation for change. Are parenting orders [...]
Nicholas Kyriakoudes Is it a loan or a gift? In equity there is a presumption (called the presumption of advancement) that when money is advanced from a parent to a child (or between a husband to his wife), the advancement is a gift and not a loan. The presumption applies where there is a lack [...]
Nicholas Kyriakoudes What is a Power of attorney? A power of attorney is a legal document that gives another person (or more than one person), called your attorney/s, the authority to make decisions over your legal and financial affairs during your lifetime. The powers granted to your attorney/s may commence immediately, upon the happening of [...]
Nicholas Kyriakoudes In some cases, you may wish to leave someone a right to live in your property after you die, but you want to gift the legal ownership of the property to someone else. This right can be given by either a life estate or a right of residence. Life estates A standard life [...]
Nicholas Kyriakoudes Preparing your own will may seem appealing and cost effective, but there are significant risks with will kits and ‘home-made’ wills. The importance of having a lawyer test capacity For any testamentary document to have effect, the testator (or willmaker) must have legal capacity when executing the document. The classic test for capacity [...]
Peter Bahlmann and Nicholas Kyriakoudes Is it a fixture or chattel? Contracts for the acquisition of property often include a clause under which the purchaser becomes entitled to any fixtures attached to the property. Generally, fixtures are those immovable objects which are considered part of the land by being fixed or attached to the land. [...]
Kerry Kyriakoudes I would like to draw to your attention to lesser-known provisions of the Retail Leases Act which may be of benefit to Tenants. 1. Opportunity for Tenants to have current market rent determined early (Section 32, Retail Leases Act) It is very common for rent increases to be determined by a market review [...]
Nicholas Kyriakoudes When couples separate, the question of how their property is distributed usually comes to the fore. Particularly in circumstances where separating parties have built their life together and have bought and accumulated assets jointly, property settlement can be complicated. Can the court divide interests in property? Under s 79 (for former spouses) and [...]
By Nicholas Kyriakoudes The death of a family member or loved one can be an emotionally challenging and draining time. This is particularly so where someone feels they have been unfairly omitted or not properly provided for in the testator’s will. Whilst the law of succession reflects the notion of testamentary freedom, meaning that generally [...]
