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FAQ’s

Question and Answer time. We provide comprehensive and effective legal advice to individuals and businesses in the respective communities of which we practice. If you have a question you would like to ask one of out lawyers, send us an email at:  McNamara & Associates

Family Law
Estate Planning
Contesting A Will
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WILLS & ESTATES

What is Probate?

Probate is a document granted by the Supreme Court following a formal court application to confirm that a Will is valid. Probate confirms that the executor has legal authority to deal with the deceased’s assets in accordance with the terms of the Will. Probate also confirms that the Will is the last will executed by […]

What is a Will?

A Will is a legal document that expresses your wishes for the distribution of your assets after your death. A Will allows you to appoint an Executor, who will be the person responsible for making sure your wishes are met. A Will can also be used to appoint a guardian to care for your children […]

FAMILY LAW

Don't ignore your Obligations

In family law property settlements the legislation is quite clear that each party is required to give “full and frank disclosure”. This might sound a bit foreign to most people but the concept is actually quite clear. To be perfectly clear, what the obligation means is that any document that any party has that is […]

What is Property?

When it comes to determining what is “property” in family law matters, the Family Law Act and the courts interpret the term very broadly. While most people consider “property” as being, the family home, motor vehicle and furniture, the scope is much wider and may include interests in business, shares, redundancy payments, superannuation, inheritances and […]

What is Spousal Maintenance?

The Family Law Act states that a person has a responsibility to financially assist their spouse if the spouse’s income or assets fall short of meeting their reasonable expenses. Importantly, this responsibility may well continue for a considerable period after separation and divorce. In determining the extent of this assistance, both the needs of the […]

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