What happens if someone dies without a Will in South Australia? If someone dies without a Will in South Australia, the law deems that they have died “intestate”, and the Succession Act (2023) determines who inherits their estate. The Succession Act divides the estate based on next of kin. It does not follow what the person might have wanted.…
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What’s the Difference Between a Will, an Enduring Power of Attorney, and an Advance Care Directive? – Part II An Enduring Power of Attorney – appointing a legal and financial decision maker An Enduring Power of Attorney is a legal document that lets you appoint someone you trust to make financial and legal decisions on…
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What’s the Difference Between a Will, an Enduring Power of Attorney, and an Advance Care Directive? – Part I When it comes to protecting your future and making sure your wishes are respected, estate planning is essential. But many people aren’t quite sure what these documents are, or how they work together. One of the…
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How to Get Bail in South Australia: A Step-by-Step Guide Bail allows individuals charged with criminal offences to remain in the community while awaiting trial, rather than being held in custody. In South Australia, the process is governed by the Bail Act 1985 (SA), which applies to both state and Commonwealth offences. Understanding how to…
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How to Get a Divorce in South Australia Navigating how to get a divorce in South Australia is usually the simplest part of a separation compared to property settlement and parenting issues. Getting a divorce usually involves the following steps: 1. Separation for 12 Months Australia has a no-fault divorce system and the only ground…
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Understanding Child Custody in South Australia Navigating child custody arrangements can be daunting for parents facing separation or divorce. A common question our clients ask us is, how does child custody work in South Australia? This blog post will focus on Section 60CA and Section 60CC of the Family Law Act 1975 and advise you…
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What compensation can I seek after a motor vehicle accident? A person who sustains injuries in a motor-vehicle accident (“a Claimant”) that was substantially caused by the negligence of another driver may be entitled to seek compensation for the impact the accident has had on various aspects of their life, known as “heads of damage”.…
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What is Probate? It is very usual for the first question in a meeting with a client to be “What is Probate?” The word Probate stems from a Latin word which means “to prove” and a Grant of Probate from the Supreme Court of South Australia is an order that a person’s Last Will and…
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When is Probate required? A Grant Probate is a certificate issued by the Supreme Court of South Australia that can be relied upon by the executors named in the Will of a deceased person to prove that (a) the person has died, (b) that the Will in which they are named executors is the last…
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What am I entitled to in a divorce? Once a marriage has irretrievably broken down and the parties to the marriage have been separated for a period of 12 months, either spouse or both spouses jointly can apply to the Federal Circuit and Family Court of Australia for a Divorce Order. Once the Divorce Order…
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How to stop someone contesting a will? With estates, commonly asked questions are: “How do I stop someone contesting my Will? How can I make sure that the person who I want to inherit my money and my assets, actually inherits it? How do I prevent someone from making a claim on the person’s inheritance…
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How long after a car accident can I claim? A person injured in a motor vehicle collision (a “Claimant”) has 6 months from the date of the collision in which to lodge a Motor Accident Injury Claim Form with the approved CTP Insurer of the driver of the vehicle who is primarily responsible for their…
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