What happens should both parties pass away during Family Court property proceedings? Our family lawyers located in Perth look at the practical implications of this.
Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party. However, there are significant practical implications that need to be considered, which are set out in this article.
The estate planning lawyers at O’Sullivan Davies, Perth CBD, outline a situation in which Wills, Enduring Powers of Attorney, and Enduring Powers of Guardianship are highly relevant.
Do you need a testamentary guardian? This is a person who is responsible for taking care of the child’s daily and long term needs if there is no surviving parent, and there are no other court orders stating who the child shall live with.
In this paper Andrew Davies briefly summarises the provision of Section 106B of the Family Law Act 1975 that deals with transactions to defeat claims and how it might impact on advisors: and ways to avoid this monster.