When a loved one passes away and the distribution of their estate is about to take place as per their Will, you may feel that you have not been adequately provided for. In Victoria, there are legal avenues available for eligible individuals to make a claim against a deceased’s estate. At Littlejohn Legal, we have …
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The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In the case of Re Davies a grandchild was successful. This was almost …

There are two types of Intervention Orders for personal protection- family violence and personal safety. Family violence orders or Intervention Orders are applied for in situations which have involved actual violence or the threat of family violence. Where personal safety is involved, it can include situations like stalking, harassment or similar behaviour. If you need …

What is an Occupancy Permit? An occupancy permit tells anyone interested in purchasing a newly built or renovated property that the property is suitable for occupation. Occupation of the home is not permitted until the certificate is issued: it is otherwise an offence. The occupancy permit is different from a Certificate of Final Inspection which …

Some tips on Court Etiquette and what to do whether or not you have a lawyer….. Arrive on time. Do not be late to court. It is disrespectful to the court and will cause the matter to be delayed unnecessarily, wasting valuable time and resources. Make sure you arrive before and not at the time …

Planning for what happens to your assets, your family, and your legacy after you’re gone isn’t easy. It’s personal, sometimes confronting, and if we’re honest, it’s something most of us put off longer than we should. But the decisions you make now, or don’t make, can have lasting consequences for the people you care about …

Part 2 of Debt Recovery Series Checking What Assets and Income the Debtor has before you enforce your judgement SUMMONS FOR ORAL EXAMINATION (SOE) The SOE is best utilized if you have no information about the debtor’s financial position. If you obtained a judgement debt, on your request and for a small fee, the Court’s …

Changes to the law proposed- may disadvantage those left out of family member’s wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide for them. This could include domestic partners, stepchildren, and …

Part 1 of Debt Recovery Series CHASING MONEY: THE LETTER OF DEMAND (LOD) A LOD is sent to a person or organisation who owes you money (the debtor) following your supply to them of goods and services. The LOD advises the debtor of the amount outstanding and threatens court action to recover the debt if …

Mediation in Family Law Matters It is compulsory to attempt formal mediation in family law matters, before one can go to court to get orders relating to children. There are some exceptions to this rule. If the matter settles at mediation there also advantages and disadvantages of finalising agreement within the mediation. Mediation and Family …
