The best interests of children is always paramount in Family Law. However, it is not always clear what is in the best interests of children.

For instance, while the law holds that it is in the best interests of children to have a meaningful relationship with both parents, if one parent poses a danger to the children the law endeavours to balance protecting the children while providing for any benefilt that can be had from the children having a relationship with that parent, and that difficult task is usually balanced by ordering that the parent posing a risk to the children only spends supervised time with the children.

Please take advantage of a free 30 minute consultation with one of our family law lawyers.

Witnessing - To be valid, a will must be signed on each page by the testator and witnesses and at the end by the testator, and the signature must be acknowledged by the testator in the presence of at least two adult witnesses who are not also beneficiaries under the will, who must themselves sign the will in the testators presence.

Further the will must not contravene the common law rule against perpetuities and remainders. There are two types of remainders in property law, vested and contingent. A vested remainder is held by a specific person without any conditions precedent; a contingent remainder is one for which the holder has not been identified, or for which a condition precedent must be satisfied. Please note, there are many other laws and rules that determine whether a will is valid.

Witnessing - To be valid, a will must be signed on each page by the testator and witnesses and at the end by the testator, and the signature must be acknowledged by the testator in the presence of at least two adult witnesses who are not also beneficiaries under the will, who must themselves sign the will in the testators presence.

Further the will must not contravene the common law rule against perpetuities and remainders. There are two types of remainders in property law, vested and contingent. A vested remainder is held by a specific person without any conditions precedent; a contingent remainder is one for which the holder has not been identified, or for which a condition precedent must be satisfied. Please note, there are many other laws and rules that determine whether a will is valid.

If you are an executor and you have an indication that someone is contemplating making a Family Provision claim, we can help you, by giving you advice that will save the estates thousands of dollars in legal fees.

Please call us on 1 300 045 273 for an obligation free consultation with one of our experienced estate lawyers.

If you are an executor, with the right advice, you will be entitled to an indemnity in respect of the costs of defending a Family Provision application, from the assets of the estate.

If you and your former partner are able to reach agreement in relation to property division, our family law experts can draft Consent Orders or a Binding Financial Agreement, to ensure your agreement is legally binding and final.

If an agreement can not be reached, you may need to commence Family Law proceedings. There are time limits to commencing proceedings. If you were married, you have 12 months from the date of divorce (decree nisi and absolute) to make an application to the Court for property orders. If you are still married, the time limit does not start running until you divorce.

If you were in a de facto relationship, you have two years from the date of final separation to make an application to the Court for property orders.


Extending the Time Limit

If you do not commence proceedings within the time limits, you will be forever barred from commencing proceedings, unless the court extends the limitation period.

Please take advantage of a free 30 minute consultation with one of our family law lawyers.

The law in each jurisdiction in Australia defines who is an eligible person who may make an application to a Court for a Family Provision Order. In NSW, for instance, an eligible person includes:
The wife or husband of the deceased at the time of the deceased's death;
A person whom the deceased was living in a de facto relationship at the time of the deceased person's death;
(a) A child of the deceased;
(b) A former wife or husband of the deceased;
(c) A person who was at any particular time: -(i) Wholly or partly dependent on the deceased;
-(ii) Who is a grandchild of the deceased or was at that particular time or at any other time a member of the household of which the deceased was a member
(d) A person with whom the deceased was living in a close personal relationship at the time of the deceased person's death

The law in each jurisdiction in Australia defines who is an eligible person who may make an application to a Court for a Family Provision Order. In NSW, for instance, an eligible person includes:
The wife or husband of the deceased at the time of the deceased's death;
A person whom the deceased was living in a de facto relationship at the time of the deceased person's death;
(a) A child of the deceased;
(b) A former wife or husband of the deceased;
(c) A person who was at any particular time: -(i) Wholly or partly dependent on the deceased;
-(ii) Who is a grandchild of the deceased or was at that particular time or at any other time a member of the household of which the deceased was a member
(d) A person with whom the deceased was living in a close personal relationship at the time of the deceased person's death

Witnessing - To be valid, a will must be signed on each page by the testator and witnesses and at the end by the testator, and the signature must be acknowledged by the testator in the presence of at least two adult witnesses who are not also beneficiaries under the will, who must themselves sign the will in the testators presence.

Further the will must not contravene the common law rule against perpetuities and remainders. There are two types of remainders in property law, vested and contingent. A vested remainder is held by a specific person without any conditions precedent; a contingent remainder is one for which the holder has not been identified, or for which a condition precedent must be satisfied. Please note, there are many other laws and rules that determine whether a will is valid.