Blog

CHALLENGING A WILL or ESTATE

When someone has passed away years of tension and emotions between the deceased and loved ones often comes to a ‘head’ resulting in a dispute.  Whether it is one family member getting more than another or being left out entirely or concerns over the deceased being...

Gazumped!

A slang word, absent from many dictionaries but a word capable of striking fear into the hearts of buyers of real estate.  ‘To bypass by selling at a higher price to another’ is the meaning provided by the Macquarie Dictionary.   The old maxim of an agreement based on...

Landlocked property

In geographic terms ‘landlocked’ can describe a country with no coast, surrounded by other countries or lakes, lagoons or harbours that are completely surrounded by land with no access to the sea.   To be landlocked in that sense, occupiers or users need to rely on...

Powers of Attorney – How safe are they?

I still find many people reluctant to give a Power of Attorney with fears the person they appoint will do the wrong thing and rip them off.  Appointing someone as your attorney, particularly in those later years, can be such an important choice as many of us can need...

Gambling and waste in Property Settlements

When determining a property settlement between parties, after a separation, the Court can look at all the relevant facts of the matter to determine what is just and equitable.  Those facts can cover a myriad of situations one of which is wastage by a party to the...

Solicitor verses Public Trustee Fees

When it comes to having a Will prepared I have said many times it is wise to use the services of a solicitor.  The cost is usually a bargain compared to the peace of mind that comes from having a properly prepared Will.  I know there can be attractive alternatives to...

Dealing with a Deceased Estate

When someone passes away, after the grieving process, consideration needs to be given to what must be done in relation to the Estate.  That is, what to do with the deceased persons assets.  The first thing to do is to locate the Will.  Hopefully the deceased person...

Changing Family Law Property Orders

When married or de facto couples separate it becomes necessary for them to divide their property or assets.  This can be a particularly stressful time and often neither party ends up entirely happy with the property division.  Sometimes a party may agree to accept a...

Apprehended Violence Orders

An Apprehended Violence Order (AVO) made by a court is intended to restrict a person’s behaviour, to protect another from physical violence, stalking, harassment or intimidation.  Often they result from domestic relationships gone wrong but may also involve an...

Wills & Extended Families

I often sit with clients wanting to make a Will who have remarried, or repartnered as they say in the courts. One tricky issue that inevitably arises where each partner has children from a previous relationship is how to ensure your own children will be looked after...

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Contact us by phone on (02) 4421 5344, email us at office@johnstontobin.com.au or visit our office at 74 Berry Street, Nowra NSW 2541.