Will and Probate Help: Things to know

This article aims to briefly examine the importance of having a valid will; what happens when a person dies without having a valid will, and what to do when an original will of a person who has passed away, cannot be found, or the will is lost and there is only a copy of it available.

Why it matters to have a valid will?

A valid will allows you to decide how your property, should be dealt with upon your passing away. It also defines who is to be responsible for managing your property (provided that it belongs only to you). The person who takes on this task is called the Executor.

What happens when a person dies without having a valid will?

This is a scenario that should be avoided. When a person dies without having a valid will, the person is said to have died intestate. This is currently dealt with in accordance with Part 3 of the Succession Act 1981 (the Act). In such a scenario, the closest relatives such as a spouse, for example, takes on the role of administering the deceased’s estate. However, he/she cannot do so without first receiving a grant of letters of administration on intestacy from the Supreme Court.

What happens when the person died “intestate” and does not have any next of kin?

If the person who dies does not have any close relatives such as his/her spouse or de facto partner, children, or grandchildren then the role of executor (and the proceeds of the estate) may go to the deceased’s parents, brothers, sisters, nephews, and nieces, for example. Therefore, it is important that you have a will so you can decide to who you want your assets to go.

Who keeps a copy of my original last will?

It is usually the solicitors who prepared your last will and it should be placed in their safe custody. It is important that you let your next of kin know where the original will is kept and consider if you are content to provide them with a copy of your will certified by the solicitor who prepared it.

Protection points to remember about safe keeping of an original will

If you happen to hold a copy of your original will, ensure and remember that an original copy of the will should never be stapled, pinned or paper clipped. Seek advice from a solicitor if you consider that an original will has been damaged. When you apply for a grant of probate, the Court, among other things, will look into the original will to ensure that the will in all respects is in the same state, plight, and condition as when it was prepared/found.

Should I update my last will from time to time?

Yes. This is because over time you may acquire new assets or may decide to add or remove certain beneficiaries to, or from the will. Therefore, it is prudent that you review the terms of your will regularly and update your will when your financial and other circumstances or your wishes change.

What if I cannot find the original will and only have a copy of it?

In short, if you cannot find the original of the will, or the will has been misplaced, the Court must be satisfied of all of the following matters:

• There was actually a will;
• That will revoked all previous wills;
• The applicant overcomes the presumption that, if the original will cannot be produced to the Court, it was destroyed by the testator with the intention of revoking it;
• There is evidence of the terms of the will; and
• The will was duly executed.

In Frizzo v Frizzo [2011] QSC 107, Judge Applegarth followed the New South Wales decision of Cahill v Rhodes [2002] NSWSC 561 at [55] and held that the above 5 matters must be established for the admission to probate of a copy of the will.

Aylward Game Solicitors have recently been successful in an application to have a copy of a will accepted by the Court, and a grant of probate given by the Court when the original will had been lost.

For advice or assistance with all will, estate administration, and probate, contact the Will and Probate Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Will and Probate lawyers 

Should I Purchase Extra Warranties From The Suppliers?

This article aims to briefly examine the Australian Consumer Law (ACL) in relation to consumers’ rights when it comes to buying goods or services, and whether as a consumer, one always needs to buy extra warranties offered from the suppliers.

What is a ‘warranty’?

This is a voluntary promise offered by the business who sold the goods or services to you. It is an offer before you accept it, but once you purchase the goods or service, you have accepted that offer and by operation of law, it then becomes a right that you can expect from the supplier and enforce it under the ACL.

What is a ‘Guarantee’?

The word guarantee is often confused with the word warranty. A guarantee implies commitment given by the seller concerning the product quality. Therefore, it can be said that the main difference between a warranty and a guarantee is that while the warranty is written, the guarantee is implied – For instance it is an implied guarantee from a manufacturer that the goods they manufacture are of acceptable quality.

Are There Different Types Of Warranties?

Yes, For the purposes of this article, let it be clear that there is always a manufacturing warranty that is adhered to any new product you purchase which is usually 12 months from the date of your purchase. This is commonly known as an automatic consumer warranty. You should not pay any extra money to the supplier to acquire this warranty. In some circumstances, the period of the warranty may extend beyond the 12 months automatic manufacturing warranty.

There are many examples of the common or automatic warranty associated with the goods you purchase— For instance, the salesman, or saleswoman may tell you that the goods you purchase can do certain things, have certain endurance, or certain powers, or you may be told that the goods is not defective and, if it is, the defective goods will be repaired or replaced at no cost to you, or you may be provided with some compensation.

What Language Is Required From The Manufacturer When Pledging Warranties Against Defect?

As of 1 January 2012, the law has made it mandatory that any warranty description against defect must be written in a plain language to include the name and address of the business giving the warranty and the claim process, for example.

Do I Need To Buy an Extended Warranty For The Goods I Purchase?

It is a common knowledge that purchasing an extended warranty is always an option at your discretion. Some businesses use wordings to the effect that such extra warranties provides extra protection you wouldn’t usually get. This is an incorrect statement. It is one thing to have an extra warranty for accidental fall or damage to a device, it is another to state that the extra warranty extends the usual manufacturing warranty from say 12 months to 36 months. Unfortunately, the fine line is not always drawn and explained by some retailers leaving the consumers confused and thinking that the manufacturing warranty is not good enough to give protection against defective goods or services. Put simply, the usual manufacturing warranty is non-replaceable, its rights cannot be taken away or waived and is inherent in the goods and service you purchase.

How Do I Know If I Need To Purchase Extra Warranty Or Not?

In short, when you purchase a goods or service, think objectively about what you expect from the goods for the purposes you purchase them. How long do you likely expect the goods or service to perform for you, or do you need extra protection such as an extra warranty to protect the value of the money you paid for the goods or service?

• We recommend that you do your research before committing to purchase any goods or services.
• Write down objective questions and ask these directly from the salesperson you meet.
• Ask the salesperson to explain to you what your automatic consumer warranties are and what will be included in any extra warranty.
• Think objectively if you really need any extra warranty on top of your automatic consumer warranty.

For detailed information about this topic and alike, you may access the following link:

Warranties

Under the Australian Consumer Law, automatic consumer guarantees apply to many products and services you buy regardless of any other warranties suppliers sell or give to you.

https://www.accc.gov.au/consumers/consumer-rights-guarantees/warranties

For advice or assistance with all consumer law matters and the latest updates contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217

Article Source: Consumer guarantees 

After Separation: How to get to the next stage?

Separation can affect our emotional well-being. It is a major life crisis that affects the way we feel, think, and act.

Can you recognise some of the following situations?

• Ongoing conflict with your ex-partner.
• Long and drawn-out dealings with the legal system.
• More or less parental responsibility.
• Living apart from your children.
• Unemployment.
• Lack of money.
• Guilt in thinking you have ‘failed’ in maintaining a successful relationship.
• Changes and uncertainties about parental boundaries between you and your ex-partner.
• Your children’s reactions.
• Loss of home, friends, and dreams.

SEPARATION AND FEELINGS

Looking after your feelings and emotions is as important as taking care of your body. Most of us take care of our physical health far better than our feelings.

The separation roller coaster ride — stay buckled and keep your head!

The emotional impact of separation can be intense — like a roller coaster ride that you didn’t buy a ticket for. The emotions you feel can come and go. Separation can bring with it lots of highs and lows. You might feel these things separately or you could have a mixture of feelings at any one time.

Separation feelings

Every person who is involved in separation experiences it differently.
The one who is ‘left’ may have different feelings to the one who did the ‘leaving’ or to those who mutually agree to end the relationship.

1. ANGER: Feelings of resentment, Thoughts, are confused, and Behaviour is unpredictable.
2. SHOCK AND DENIAL: Feelings of fear, Thoughts are mixed up, Behaviour is frozen
3. DEPRESSION/ ISOLATION: Feelings of helplessness, Thoughts are jumbled, Behaviour is unwilling
4. ACCEPTANCE: Feelings of resolve, Thoughts are practical, Behaviour is energetic
5. CHANGE: Feelings of empowerment, Thoughts are focused, Behaviour is productive

Some feelings connected with separation will not appear until later on and can affect people differently at various times. New feelings can arise many months or years after the time of separation.

Signs

There are certain signs that you should be aware of after separation that could mean you need to pay attention.

Do-It-Yourself tips for managing signs

Have healthier thoughts

• Write things down instead of trying to remember them.
• Pick a place and time to do your worrying. Make it the same place and time. Spend 30 minutes thinking about your concerns and focus on what is really happening — not what might happen.
• Know your limitations and let others know them too.

Balance your moods

1. Practice relaxation to reduce the impact of frustrating situations:

• Breathe in slowly, fill up your lungs and try to make your stomach rise,
• Hold your breath for a few seconds, and
• Breathe out slowly; let your stomach go back down.

2. When irritated find a quiet spot (even if it’s in the loo) and take the time to sit still.

3. Let yourself cry if you need to.

Be positive

• If feeling rejected — look at what are the triggers (for example a song or a special place) and do something different.
• If feeling guilty — work out whose expectations you are trying to meet. Check if these expectations are really true and negotiate them if you can’t meet them.
• If you are afraid of the future try to focus on the things you can change now.
• If feeling isolated — consider joining a social group such as sports, hobbies or sole parents support group.
• Try positive self-talk, self-praise, and self-encouragement.

Good communication

• Check the way you react to the other person — 60% of your message is sent through your body language e.g. rolling of your eyes in frustration or arms crossed in anger.
• Tell friends what you need to maintain their friendship. When together, agree not to discuss or criticise the other person involved in the separation.
• If an argument starts, STOP and think — is this helping or making things worse? Agree to meet later after you have had time to consider the options.
• Write your frustrations and anger down on paper and throw them away.
• Keep things business-like with the other parent, and don’t get into personal issues. Stick to agreed topics.

Look after your body

• If your appetite has reduced, eat small portions more often of food that you particularly like.
• When you feel and look good, people respond more positively to you.
• If you have trouble sleeping try to establish a pre-sleep routine, e.g. washing your face and cleaning your teeth, having a warm drink, or listening to soft music.
• Try to slowly cut down on stimulants like caffeine, alcohol, and cigarettes.
• Stretch. Being tense affects your muscles and breathing. Try rolling your shoulders up and back then relax. Inhale deeply as you roll up and exhale as you relax. Repeat this a few times.

Pressures

As a separated parent, surviving day-to-day becomes your priority. You have to deal with a number of new and sometimes competing tasks.

What pressures are you feeling following your separation?

Do-It-Yourself tips for managing pressures.

Dealing with government departments

• Ask for the name of the person that you are dealing with for future reference.
• Keep copies of documents provided to each department (record the date, person, and section they are sent to).

Getting time off work

• Speak to your superiors and colleagues, and explain your situation. Suggest a possible compromise — Friday afternoons off for an extra 35 minutes a day. Set a period of time for this then review it.
• Know your limitations and let others know them too. Smaller social network
• Consider volunteering where the work is done on a group basis e.g. fire rescue service, life-saving, your child’s school Parents and Friends network. Learning to cook
• Ask a friend to teach you to cook in exchange for doing some handy work, mowing their lawn, babysitting, or helping with some other project they might have on.
• Borrow a book from the library on cooking basic meals.

Maintaining the car

• Look on the web for information on your brand of car.
• Get road service membership such as NRMA, RACV, etc for when you lock your keys in the car, have a flat tire, your battery suddenly goes dead, or your car breaks down in an inconvenient location.
• Take a course in car maintenance.

Shopping for groceries

• Look on the web for home shopping grocery sites such as Coles or Woolworths. Browse through each section and make a list of what you need — use this as a prompter each time you shop. It also gives you an idea of the costs involved.
• Generic food brands are often cheaper and just as good as the label brands.

Less money

• Contact your local utility service company to arrange installment payments for your electricity, telephone, insurance, rates, etc.
• Join a group that buys groceries in bulk — this can be cheaper. These are usually co-ops or local community groups.

Managing relationships

• Ensure that the important people in your children’s lives are invited to school plays, religious ceremonies, music recitals, sports events, etc.

Understanding your children’s routine

• Have a calendar or notebook with important dates highlighted, e.g. sports carnival, swimming carnival, parent reading at school, doctors appointments, weekend sports locations, etc. A comprehensive list is provided in Me and My Kids on page 35. To order a copy, see the inside cover of this book.

Organising care for the kids

• Talk to your child’s school and see what school care programs you can access e.g. before and after-school care, and holiday programs.
• Place a notice for parents in the school newsletter requesting child minding after school. In return, offer something that you can do for the other parent.
• Enquire with your local community service provider about available child care programs.

If you need advice on these and any other family law issues please get in touch with one of our family lawyers in either our Brisbane or Gold Coast office on 1800 217 217

Article Source: How to get to the next stage after separation? 

Why You Should Consider The Australian Employer Nomination Scheme Visa?

This article aims to briefly examine the Australian Employer Nomination Scheme Visa and why an eligible applicant should consider applying for this visa which is otherwise knowns as subclass 186.

Direct Entry Scheme

Unless otherwise stated, a qualified applicant who has found a qualified Australian employer to sponsor his/her visa application, should consider the Direct Entry Scheme and once granted the visa, benefit from living, working, and studying in Australia indefinitely.

How does the nomination work and who can nominate me?

It is important that the employer nominator’s business is active and lawfully established in Australia. The authority(s) will also look to see if there is any adverse information about the employer nominator or person associated with them. Once you are nominated, you are required to apply for the visa within 6 months of the nomination being approved. Your occupation must also be in the relevant list of eligible skilled occupations. 

Do I need to have work experience in order to apply for the visa?

Unless an applicant is exempt, most applicants need to have at least 3 years of relevant work experience in the occupation they are nominated for. If an applicant is exempt from the skills assessment, then he/she is also exempt from the work experience requirement.

Do I need to be licensed to apply for the visa?

Yes. You are required to register or be a member of a professional body if it is mandatory in the state or territory you intend to work. 

Is my age a factor when considering subclass 186?

You must be under 45 years of age when you apply. There are a few exceptions to this rule — For instance, if you are nominated as an academic by a university in Australia or you currently hold a Special Category (subclass 444) and worked in the nominated position for at least 2 years in the last 3 years immediately before you apply.

Am I able to sponsor my eligible family members?

The short answer is yes. Often a question is asked as to who are the eligible family members can be sponsored under this subclass. You are able to include your partner, your dependent child or stepchild, your partner’s dependent child or stepchild, and the dependent child or stepchild of your or your partner’s dependent child or stepchild in your application.

Am I able to enroll in Australia’s public health care scheme known as Medicare?

Yes. You can find out more information about this by visiting https://www.servicesaustralia.gov.au/medicare to see what health care is covered by Medicare, how to enroll, and how to claim it.

Do I need to have a certain level of English language to apply for this visa?

Yes. You must at least have competent English to be granted this visa. As an example, if you take the International English Language Testing System commonly knowns as IELTS, you must earn at least 6 for each of the 4 components.

For detailed information about this visa, you may access the following links:

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/employer-nomination-scheme-186/direct-entry-stream#Overview

For advice or assistance with all immigration law matters and the latest update contact the Immigration Law Team at Aylward Game Solicitors today on 1800 217 217 

Article Source: Employer Nomination Scheme Visa