Executors of a will must wait until probate has been obtained before they can sell the former residence of the deceased (or any other estate property). The following article give s good potted summary of an executor’s duties selling real property forming part of the deceased estate.
Can you leave your pet to someone in your Will? Can you leave a gift to your pet in your will? These questions are answered in this Law Society of NSW information sheet:
Its an interesting conundrum: you want to draft your Will but you can not think of a responsible person you trust to name as the executor. This article looks at the pros and cons of appointing your solicitor as your executor.
This article outlines how the merger was pushed through & concerns that by it will will discourage the development of much needed specialist expertise in family violence in the family courts. https://www.mondaq.com/australia/court-procedure/1040128/family-court-of-australia-and-federal-circuit-court-to-merge
If you have assets located overseas you can only distribute them in your will by doing a will in the country in which the assets are located or by doing an international will if the overseas country is one of the few signatories to the Convention providing a Uniform Law on the International Form of a Will 1973. If you have assets overseas here’s a link to an article which you may find helpful https://www.mondaq.com/australia/wills-intestacy-estate-planning/676770/what-impact-does-having-assets-overseas-have-on-your-will
This article explains why it is a bad idea to appoint as the executor of your Will someone who lives overseas.
Former judges and legal experts apparently share my doubts that the legislation will result in a more efficient system.
A recent important High Court decision permits a woman living in Australia divorced in a foreign country to apply for a property settlement in the Australian Family Court. Listen to the second story in the following link to the Radio National Law Report. https://www.abc.net.au/radionational/programs/lawreport/qld-outlaw-bikie-exit-scheme-high-court-rulingl-divorce-assets/13088222
Attorney-General Christian Porter unveiled plans for merging the new Federal Circuit and Family Court in May 2018. Since then there has been considerable passionate debate over the pros and cons of such a move. We can’t be sure of how this will effect waiting lists and the time it takes to resolve a Family Law matter. No matter which way it goes, it is a timely reminder that we need to work hard to resolve disputes before having to go to court.