Posts Tagged: family law

Sanity, Wills, and Marriage

Posted by - & filed under Family Law, Will & Estates.

A will-maker is presumed to be sane, and to have sufficient mental capacity to make a will, unless the contrary is proved. A lack of mental capacity may derive from a congenital intellectual difficulty, trauma affecting the brain, or cognitive processes and disease, including those more commonly occurring with old age. The Dickensian language of…

Divorce and Estate Planning

Posted by - & filed under Family Law, Trust Law, Will & Estates.

The effects of family breakdown extend beyond the personal to the economic, including intergenerational wealth transfers such as those created by wills. The Family Court has extensive powers to make orders in relation to the ‘property’ and ‘financial resources’ of couples whose relationship has failed and one or both of whom have asked for its’…

Divorce & Child Maintenance Trusts

Posted by - & filed under Family Law.

It may be good and well to cope with a disappointment, but it is better to take advantage of it. Death and taxes, so the saying goes, are two of life’s certainties. And for an indeterminate 40% of the married population, so too is divorce. Although death has become less expensive with the abolition of…