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What is the point of making a Will if it can be contested?
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 [...]
Are the family Court orders concerning my children Final?
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 [...]
What happens if I die without a will? Why should I make one?
Nicholas Kyriakoudes For many writing a will is a confronting task. Thinking about death and planning how you will support your family after you die is a challenging thought. However, making a will is necessary for this purpose and should [...]
Parent to child loans. Should I loan my child money?
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 [...]
What is a power of attorney and an enduring guardianship? Do I need one?
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 [...]
Life estates, rights of residence and their use
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 [...]
The dangers of self-made wills
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 [...]
Tenants’ fixtures and removal
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 [...]
Little Known Provisions of the Retail Leases Act
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 [...]
How does the family court divide property between former partners?
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 [...]
