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Will Making and Testamentary Capacity
A Will sets out a person’s wishes for how they would like their estate to be distributed after their death. A person making a Will (the testator) must meet a cognitive standard when understanding the nature and effect of their Will. This legal standard is referred to...
Understanding Inheritance Disputes
Following the death of a loved one, the time for mourning is shared with the process of finalising their estate. During this time, the deceased’s assets will be distributed in accordance with the terms of their Will. After the distribution of assets, a person may feel...
What should I do if my tenant stops paying rent?
As a landlord in a residential tenancy agreement, there is an expectation that your tenant will pay the agreed rent on time and in full. Tenants are legally responsible for the payment of rent and must continue to do so until the tenancy ends. Any failure to pay rent...
How to prevent a Will dispute between siblings
Unfortunately, in the wake of a loved one’s passing, the time for mourning is shared with the complicated process of finalising their estate. This process can cause tensions to arise between family members, especially children, in relation to shares of the...
Contesting a Grant of Probate
What is a grant of probate? A grant of probate is a legal document issued by the Supreme Court that validates a recently deceased person’s Will. The document certifies that the testator (the person who made the Will) has passed away and created a valid Will. It also...
Can employees be monitored while working from home?
A research paper published by the Australian Government Productivity Commission (‘AGPC’) reveals how the rise in employees working from home (‘WFH’) has resulted in a major shift in workplace relations. Though stay-at-home orders are no longer in force, the number of...
Pros and cons of a trust business structure
There are a variety of structures a business can operate under. These structures include sole trader, partnership, company and trust. A business’s structure is dependent on its growth prospects, the number of members and owners and the potential liability of key...
Potential defamation lawsuit against ChatGPT
In a ground-breaking legal development, Brian Hood – the mayor of Hepburn Shire in Victoria – declared that he is preparing to file the world’s first defamation lawsuit against the artificial intelligence (AI) program ChatGPT. Hood alleges that ChatGPT has “falsely...