SEARCH RESULTS

  • What happens when a party passes away during Family Court property proceedings?

    Where a spouse passes away before property proceedings have concluded, the proceedings can be continued by the legal personal representative of the deceased party under s.79(8) of the Family Law Act 1975.

  • Wills, EPAs and EPGs: what could possibly go wrong?

    J and S are happily married. They each sign a Will that benefits the other. They also enter into an Enduring Power of Attorney (EPA) and Enduring Power of Guardianship (EPG) appointing each other to these important positions. All is good on the home front! What could possibly go wrong?

  • What happens should both parties pass away during Family Court property proceedings?

    The answer is simple, the Family Court has no jurisdiction to do anything when both parties pass away during Family Court property proceedings other than strike out the application.