Frequently Asked Questions

Estate Planning F.A.Q

  • A will is a legal document that outlines how you want your assets and possessions to be distributed after you pass away. It also allows you to name an executor who will be responsible for carrying out your wishes. You need a will to ensure that your assets go to the people you want them to, and to avoid any confusion or disputes among your loved ones after you're gone

  • If you die without a will, your assets will be distributed according to the laws of your state. This is known as dying "intestate." Generally, your assets will go to your closest living relatives, such as your spouse, children, parents, or siblings. However, this can vary depending on the laws of your state and your specific situation. It's best to have a will to ensure that your wishes are carried out.

  • It's a good idea to review and update your will every year or whenever you experience a major life change, such as getting married or divorced, having children, buying property, or starting a business. This ensures that your will remains current and reflects your wishes.

  • Yes, you can update your will at any time by creating a codicil, which is an amendment to your original will. You can also create a new will that supersedes your old one. It's important to ensure that any changes you make are legally valid and properly executed.

  • While you can create a will on your own using online templates or software, it's generally recommended that you work with a lawyer to ensure that your will is legally valid and reflects your wishes. A lawyer can also provide guidance on other estate planning issues, such as tax implications and strategies for protecting your assets.

Family Law F.A.Q

  • Family law deals with legal issues that affect families and relationships. This can include divorce, child custody and visitation, child support, property settlement, spousal maintenance, and adoption. It can also cover issues related to domestic violence, child abuse, and child protection.

  • In New South Wales, child custody is determined based on the best interests of the child. This takes into account factors such as the child's age, their relationship with each parent, the parents' ability to provide for the child's needs, and any special needs or circumstances of the child. In some cases, the child may be able to express their own preferences, depending on their age and maturity.

  • Property settlement is the process of dividing property and assets between separating spouses. In New South Wales, property settlement is based on a four-step process that involves identifying the assets and liabilities of the parties, considering the contributions of each party (both financial and non-financial), assessing the future needs of each party, and determining whether the proposed settlement is fair and reasonable.

  • Spousal maintenance is financial support paid by one spouse to the other after separation or divorce. In New South Wales, spousal maintenance is based on factors such as the income, earning capacity, and financial resources of each party, as well as their age, health, and other relevant factors. It can be paid on a temporary or ongoing basis, depending on the circumstances.

  • There are several options for resolving family law disputes in New South Wales, including negotiation, mediation, arbitration, and court proceedings. In some cases, a combination of these methods may be used. The most appropriate approach will depend on the specific circumstances of your case and your goals for resolution. It's important to work with an experienced family lawyer who can help you understand your options and choose the approach that's right for you.