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Testamentary capacity. What is it?
Testamentary capacity is a gauge of the mental faculties of a testator when they create their will. A testator must be of competent mind, understanding, and memory in order to make a valid will. All testators are assumed to have testamentary capacity until it is...
What is the effect of marriage and divorce on a Will?
It is often that that a marriage or a divorce automatically revokes a will. Is it so?MarriageSection 13 of the current Victorian Wills legislation deals with the effect of marriage on a will.Marriage revokes a will unless the will was made in contemplation...
What is a Reseal of Probate?
A reseal is necessary as the personal representative appointed (executor or administrator) by a grant in a foreign jurisdiction cannot deal with assets in Victoria, although enquiries should first be made with asset holders as some, such as banks and share registries,...
FAQ about our Notary Public Services
What is a notary?Notaries are experienced lawyers appointed by the Chief Justice of the Supreme Court, based on their qualifications and experience. He is authorised to witness signatures and certify international documents.How do you have a document notarised?Bring...
Binding Financial Agreement
A Binding Financial Agreement is shortly called as BFA. As per the Family Law Act 1975 (Cth) the agreement can be entered at any time of the relationship before, during and after. The agreement deals with all financial and property issues between the...
New Medical Powers of Attorney from 12 March 2018
The Medical Treatment Planning and Decisions Act 2016 provides a framework for making decisions about medical treatment when people do not have capacity to make their own decisions.The Act is part of a broader shift towards empowering and supporting people to make...
Do you have a will? Do you know where it is?
Many Australians are risking their wealth, considering somewhere between 25 and 40 per cent of people die intestate, without a Will in place.Part of that statistic is influenced also by a loss of documents. So not only is it important to have proper, strong,...
Capacity to make decision
Concerns about capacity of a person to enter into legal transactions is not new, nor is the acceptance that capacity is issue-specific and that incapacity is not static and can change. The Law Institute of Victoria (LIV) will be launching its “ Revised Capacity...
Electronic Conveyancing
We are proud and very excited to confirm that Elizabeth Palumbo from Kelly and Chapman’s Property Department has now conducted the firm’s first electronic conveyancing settlement using the “PEXA” platform. PEXA represents a leap forward in conveyancing offering our...
Trustees of a Family Trust
The position of a Trustee is an important position. The Trustee’s duties are covered between legislation in each state, commonwealth legislation and case law. Trustees can be individuals, one or more than one and also companies.Trustee’s DutiesTrustees of family...