A commonly held fear is that becoming involved with someone results in that party becoming entitled to half of the assets brought into the relationship by the other, upon a later split. Fortunately, there is no blanket approach imposing a 50/50 split.
The portrayal in some U.S. based legal television series, of a pre-nuptial agreement protecting the family fortune of the wealthy intended-spouse from the clutches of the poor one, is simplistic at best.
In this blog we look at the circumstances in which a relationship between two people who aren’t married but live in the same residence, part or all of the time, could be considered to be a de facto relationship under Australian family law.
Increasing numbers of Australians are challenging wills in Court with a significant degree of success.
A recent study* of cases relating to challenging wills found that:
• Most wills that are contested are done so under family provision laws;
• Adult children are the most common claimants in will contests, and
• Challenging a will has a high rate of success whether it is through mediation or the courts.
According to our wills and estates lawyers, a will can be contested for a number of reasons.