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Customer Emails started the topic Challenging a will or claim under family law? in the forum Wills & Estate Planning Forum
My parents in law made provisions in their wills for spouses and ex-spouses. Both lived in Melbourne, now deceased.
I was made to move out from the family home in November 2022 with only a suitcase of clothes. I had to live in emergency housing provided by DVA. All my personal and business assets are in the house and my ex-wife refuses to return…Read MoreBe the first to like this!no comments -
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MV replied to the topic Can I include testamentary clauses in a BFA? in the forum Family Law Forum
Dear CD,
The law that governs BFAs is the Family Law Act 1975 (or the Family Court Act 1997 if you are in a de facto in WA). This legislation does not cover testamentary intentions, and if included in a BFA, those intentions will not be enforceable.
A BFA is designed to document how the parties to the agreement intend to financially settle in the…Read MoreBe the first to like this!no comments -
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Customer Emails started the topic Can I include testamentary clauses in a BFA? in the forum Family Law Forum
We have a property in my sole name, but we are both paying the mortgage. I would like to include clauses in the BFA to the effect that if I die, then the property is to go equally to my de facto partner and my children…..
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MV replied to the topic Family Provisions Act clauses in a BFA in the forum Family Law Forum
Dear DD,
Family Provision Act claims
If a person dies and leaves out a person from their will (say spouse or child or other financially dependent person) then the excluded person may make a claim on the estate under the Family Provisions Act (State based legislation).This is difficult to do and any claim is limited in the maximum amount that…Read More
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Customer Emails started the topic Family Provisions Act clauses in a BFA in the forum Family Law Forum
…finally, a question about some [Family Provisions Act] clauses in the draft BFA, can somebody explain why there are clauses relating to family provision legislation?
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