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 More

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

Dear AB,
if you have a will and you name your minor children as beneficiaries, the assets will be distributed according to the terms of the will. However, because minors cannot legally own property or receive an absolute gift, the assets intended for them will typically be held in trust until they reach the age of majority or another specified age…Read More

Dear NJ,
The law that governs binding financial agreements if the Family Law Act 1975 or if you are in WA and in a de facto relationship, the Family Court Act 1997 (WA). Any testamentary declarations or clauses in a BFA are not enforceable under this legislation.

The appropriate way to achieve what you are requiring is to have both your wills re…Read More

Dear NJ,
The law that governs binding financial agreements if the Family Law Act 1975 or if you are in WA and in a de facto relationship, the Family Court Act 1997 (WA). Any testamentary declarations or clauses in a BFA are not enforceable under this legislation.

The appropriate way to achieve what you are requiring is to have both your wills re…Read More