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  • Hi Beverley.

    In my experience from speaking to family law practitioners over the years, the most common challenges are:
    1. Signing a BFA too close to the date of a wedding or date moving in together. The typical claim is that the effected person may have been pressured into signing the BFA. For example, the stronger financial party may hint that…Read More

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  • Hi Vando.
    I have seen the DIY wills that are sometimes shown at Post Office branches. The wills themselves are in a valid format.
    The issue with DIY wills is that not everyone reads the instructions and signs the wills correctly. If no-one checks a will that is not signed properly, then if you pass away, then the will may not be accepted by the…Read More

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  • Hi Sofeeya.

    Yes, technically, the parties can make an application to the Court without legal advice and certification. The role of the Court is then to examine all the facts (which they do even if there are lawyer’s certificates) but they take a greater role. Unless the orders sought are within the Court’s tight tolerances, they will reject the…Read More

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  • Hi Beverley.

    The short answer is yes, binding financial agreements (“BFAs”) are enforceable in the Courts. There are certain legal pre-requisites which must be met for the Financial agreements to be binding and enforceable.
    Firstly, for a BFA to be binding, each party must have firstly received independent legal advice from that party’s own l…Read More

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  • Hi Vando.
    All you can do is put in the numbers that you have from the nursing home and old bank statements.
    The bank cannot give you more information for privacy reasons until you are made the Administrator of the estate at which time you become the legal personal representative of the estate. An estimate is usually very acceptable. If there are…Read More

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