The 3 Different Types of Wills

Wills and Estates Lawyer

Many people don’t think about writing a will until they’re old and sick. The truth is anyone who is above 18 years and is of sound mind can make a will. Anyone who is worth something should provide a way to distribute their property after death or incapacitation to avoid conflict.

When writing a will, it’s important to seek the counsel of property solicitors in Townsville. They will help you understand all the legal matters involved. Here are some of the types of wills:

Simple Will

A simple will is the most basic type when all that’s needed is directions to distribute simple assets to beneficiaries. This should include the testator’s name and address, marital status, instructions for the property distribution, and the name of the executor. It must be in writing and signed by both the testator and a few witnesses.

Testamentary Trust

If the beneficiaries are too young or deemed financially irresponsible, the testator can place their estate into a trust. The assets will be distributed to the beneficiaries gradually by the trustee, depending on the terms of the testamentary will. The most common type of testamentary trust is a spendthrift trust, and it must also be written, dated, and signed like a simple will.

Joint Will

Couples who want to leave their property to each other in case one of them dies, use a joint will. If both of them die, the property will go to the couple’s chosen beneficiaries who are clearly stated on the will. A joint will is legally binding and cannot be revoked after the first testator dies.

No matter what type of will you choose, it’s essential to work closely with a property solicitor to ensure that the will is legally binding and valid. You must also select and name a trusted executor who will be in charge of making sure that the terms of the will are followed. Leaving a will ensures your desire for your estate is done and saves your family from a lot of stress.

Untying the Knot: Setting Objectives in Divorce Settlement

divorce decree documentFiling for a divorce is not only about legally severing a marital tie with another person. There are other things to think about, such as your assets, finances, properties, and children. It’s likely that your life is going to be different during the process and after everything is finalized. This makes it important to have a clear idea of what you want to achieve in the settlement.

Striving to be Fair

Being realistic when setting your objectives is advisable. Keep in mind that when your case goes to court, the judge will strive to be fair to both parties. You cannot expect the judge to favor one spouse unless there’s a valid reason for doing so. and other family law attorneys note that the court will look at each party’s needs to continue with their lives and focus on the best interest of kids.

No Blaming

Remember that the court is also not interested why the two of you broke up or who is to blame. It’s easy to believe that you deserve more because of your ex’s mistakes and behavior. If the court will handle the case, they would take an unbiased view of the situation, particularly if kids are involved. They will also consider your current and future needs.

Clarity Matters

Being clear about your objectives and minimize further conflicts and misunderstanding. This will help your lawyer understand what you are looking and want to achieve. You also need to agree with your attorney on how to approach decisions in the divorce process. If there’s something that matters to you but isn’t financially significant, make sure that your lawyer knows about it.

When setting your objectives and making decisions, it is best to listen to what your lawyer is telling you. Keep in mind that they’re experts in divorce law and its processes. If your lawyer thinks that you are being unreasonable or unrealistic, be sure to value that advice. Experienced and reliable lawyers have your interests at heart.

3 Situations that Call for Help from a Divorce Lawyer

Divorce Lawyer in Denver

Divorce Lawyer in DenverGoing through a divorce is one of the most difficult situations you can experience in life. Nobody ends up being the winner, but sometimes, it’s the only thing you can do when your marriage falls apart. When this happens to you, it’s better to hire a credible divorce lawyer instead of simply representing yourself in court. This way, you can have legal advice and guidance on how to protect your rights. Here are some reasons you should hire a divorce lawyer.

Unfamiliarity with the Law

Most people don’t have adequate knowledge of matrimonial and family law that makes representing themselves almost impossible. Divorce Matters says you need a divorce attorney in Denver, Colorado by your side. The lawyer can brief you about the basics you need to know, guide you on how to present yourself in court and help you make a case to successfully get what you deserve out of the divorce.

Being Too Emotional

Being too emotional can be your downfall in court. Some people just give up fighting for their rights because of shame, guilt, or fear. Some hurt their cases because of a sudden emotional outburst during a hearing. When you are working with a lawyer, you will be guided accordingly about how you should dress, act, and speak in court. Maintaining a good image in court will give you credibility.

Not Having an Objective View

Because of the emotional stress of divorce, people may find it hard to have an objective point of view about their situation. Emotions of sadness, fear, rage, resignation, or confusion may take over, and that will be detrimental to your case. A divorce lawyer can keep a clear head and unbiased emotional state to provide you with objective advice that will prove to be essential to your case.

These are just some of the situations that will definitely make hiring a lawyer a must when you’re going through a divorce. This way, you can come out as a better person and fight for what you deserve.

The Questions You May Have About Paying Child Support

Child Support in Denver

Child Support in DenverGoing through a divorce is a difficult process especially if you have children together. If you are obligated by the court to pay child support, then you should be responsible enough to do it consistently and on time. If not, the other parent can sue you.

Here are some common questions people who are paying child support have and the correct answers for them.

Will child support payments stop if I have a new relationship?

The quick answer is no, it will not. However, you can file for a child support modification based on the change. You just need to prove that there is a relevant change in your financial circumstances by presenting valuable documents in court. A trial may still happen for the judge to decide whether it qualifies or not.

Can I be prohibited to leave the country?

You can still leave the country if you’re required to pay child support if you have an arranged payment plan before your scheduled departure. Otherwise, you may be prohibited to leave the country. That’s why you need to make sure the payments are in place before you leave. This is the only way to avoid any legal process coming from your ex.

What qualifies for me to dispute the child support amount I owe?

If you want to lessen the child support amount you owe, you need to prove that there is a drastic change in your financial condition. This may be a long process, so you must be sure that your case is strong. It’s better to consult first with a credible Denver family law attorney to check your case. If it is good, then the lawyer can give you great legal advice on how to win the dispute.

These are just some of the most common questions parents that pay child support have. It’s still best to get legal advice from experienced lawyers to be sure about your case.

Family Matters in Court

Family Law

Family LawLove may be the most central aspect of a family or a relationship. Perhaps that’s why it hurts so much when complex disputes happen between family members or partners in a de facto relationship. The love and the trust that is in the heart of love are broken.

Fights in Court

Of course, disputes happen all the time between members in a family or a relationship. There are times, however, when the fight escalates to the point that it is fought out in court. In these scenarios, reconciliation may definitely be hard. The only resolution then will be whatever the result is in the court fight.

Professional Guidance

People who are going through such difficult times can approach family law lawyers in Brisbane, such as You can hire them to help you get through the negotiations and the court proceedings. A professional by your side may be for the best so you may heal and move on.

Legal Perspective

Family law or matrimonial covers the legal aspects of family relationship, especially the issues and disputes within families. De facto relationships are under family law but comprise of relationships where the two partners live together as a couple, but are not married, no matter if the two are same sex or opposite sex.

On Children

Now, family law has several sections which tackle numerous family issues. One tackles the rights of children, the responsibilities of each parent, and the resolution between family members in a dispute over children. This may include child custody and visitation rights.

On Violence, Assets, and Property

Family law also covers violence in families and families at risk of violence. Child abuse can be found here. Another section is on the division of assets and property in a dissolution of a marriage. De facto relationship disputes over assets and property are also taken up.

For you to be able to move on with your life and heal, you may need a satisfactory resolution to the fight. Family lawyers can help. You can rely on their assistance even after the court proceedings as well.

Child Custody Issues: What Happens During the Death of the Custodial Parent?

Child Custody Issues

Child Custody IssuesYou are well aware that child custody cases are nerve-wracking for many couples. Not only is it emotionally draining for the divorcing parents, but it is all the more devastating to the young child. If the divorcing parents cannot reach an agreement, one wins and the other one technically loses. The turmoil continues in the event of the death of a parent.

Child custody cases where one or both parents are deceased can sometimes be more confusing than the first time the case was heard:

If the Custodial Parent Dies…

Does the non-custodial parent automatically gets custody of their child? Yes and no. Unless the custodial parent has written a will saying that they are assigning a guardian to look after the child upon their demise, the non-custodial parent gets first choice of continuing child custody. Nonetheless, this is only applicable if the birth certificate of their child documents the non-custodial parent as the biological and legally recognised parent.

If Not…

The grandparents of the child on the side of the custodial parent can have the chance to take full custody of the child. This is in the event there are no verifiable records as to the paternity of the child. The grandparents will still have to apply for child custody in court to facilitate the smoother transfer of parental rights from the deceased custodial parent to the grandparents.

What if There are No More Grandparents?

The next kin or relative of the custodial parent can apply for child custody. If there are no immediate relatives, a third party child custody application may be filed through the help of family lawyers in Brisbane by interested individuals who have a well-established relationship with the child. Additionally, these individuals need to prove they have the capacity to work for the child’s best interests.

If No One is Interested?

If no one lays claim to the child, it is the duty of the state to provide for their care. As such, the child may be sent to a foster care facility.

You simply do not know what will happen. As such, it is always better to go prepared. This means you have to write your will now and decide who takes care of your child upon your death.

He’s Leaving You, Are You Prepared?

Divorce in Denver

Divorce in DenverDivorce is messy, no matter how calmly you and your husband may act during the time it takes for you to separate. There are emotions, memories, properties and money, and many times, children. It’s probably one of the most stressful times any person can ever go through.

The good news is, you’ll probably be fine when the dust settles. For now, however, you need to be ready.

In many cases, a woman is blindsided by her husband, who suddenly tells her one evening after he gets home from work that they need to talk. Sometimes, it’s because he’s found someone new; at other times, he’s realized and is now coming to accept that he is attracted to men. There are also cases in which the man just decides he no longer cares and wants to leave. Whatever the reason, you have to be prepared.

  1. Collect your financial records and make your own duplicates. Have a friend or family member keep them away from your house. A private storage or a safety deposit box is also a good choice. Do this as quietly as you can, when your husband is not home. Avoid all reasons to start an argument.
  2. Your belongings can also start a feud, so while early you should take the things that are not too obvious; your expensive jewelry and credit cards, for example.
  3. Avoid making big purchases at this time, especially if you make more money and did not have your husband sign a prenup.
  4. Start choosing a lawyer. It may not be wise to use the lawyer you and your husband have. A family law attorney is a good choice. As what Divorce Matters says, “This is no time to go at it alone”. They can hold on to the financial records you’ve copied. If you think a document is important for your case, it probably is. And, of course, you’ll need a lawyer to fight for custody if you have a child or children.

When divorce is inevitable, you owe it to yourself to be prepared. Whatever the reason behind the split, do not let yourself be on the losing end when the smoke clears.