Legal Updates

Why should I have a will?

This is a common question people ask us.  There are a number of reasons why you should make a will.  What motivates one person may not motivate another.  However, there are three essential reasons why you should make a will. A will allows you to: distribute your assets in accordance with your wishes; appoint an…

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Time is NOT a Traveller: A Builder’s Right to Fix

A recent decision of the District Court of South Australia considered a home builder’s right under the Building Work Contractors Act 1995 (SA) (BWCA) to an order that it fix defects instead of paying a homeowner to have someone else do it. The decision, even after a long period had passed since the building defects emerged, was…

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What happens to your superannuation when you pass away?

After you die, your superannuation does not automatically form part of your estate to be distributed by your will.  This is because your superannuation is held in a trust by your superannuation fund.  So what happens to your superannuation in the event you pass away? Upon your death, your superannuation fund can pay your superannuation…

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Contested Estates: Charities v Relatives

When a charity is left a gift in a will and the will is contested by a relative of the deceased, how does the law view the charity’s claim to the gift against the relative’s? Firstly, the relative contesting the will needs to be an eligible claimant under the Inheritance (Family Provision) Act. That is…

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