Brogan & Co. Lawyers

13/10/2025

Thank you sincerely for your support. I've had many people come for legal services. I will always do my best to achieve the best possible outcome for you. There are not many situations I have not encountered. I love to help. Thanks again!

09/10/2025

NO TIME FOR A WILL??? OK, THE GOVT WILL DECIDE FOR YOU.

There are many reasons why people avoid making a Will. However, it is one of the most important things you can do. Most people have loved ones that they wish to benefit in one way or another.

Where there is no Will, a person is said to have died "Intestate," and the government has prescribed rules as to who shall benefit from your estate. Such deemed "beneficiaries" may not be your desired beneficiaries. When you make a Will, YOU decide on who shall benefit from your hard-earned property.

Wills are not generally expensive. Do yourself and your loved ones a favour. Take control of what happens to your hard-earned property if you die. You deserve it and they deserve it.

Call us. WILLS starting at $330 (incl. GST)

11/09/2025

EXPERT FAMILY LAWYER - (02) 4909 4897
*** Covering Newcastle, The Hunter, Sydney and beyond***

Separation is hard and often full of emotion. Phil Brogan has almost 25 years of Family Law experience. Straightforward, honest, no fluff advice. Get an expert and get what you deserve. Call us now...

11/09/2025

LEFT OUT OF A WILL?

FREE CASE ASSESSMENT - CALL (02) 4909 4897

The deceased's wishes are to be respected but that does NOT mean that they are always 'right' i.e. just and fair. You may have been the spouse, de facto spouse, child, former spouse or someone in a dependency relationship with the deceased and were either left out entirely or left without adequate provision. There are laws designed to protect certain 'eligible persons'. If this applies to you, enquire now. It is FREE and if you have a case then we may be able to offer you our NO WIN/ NO FEE service. What do you have to lose? Call now for a no obligation free assessment.

For Family Law and Wills & Estate services in Maitland, choose Brogan & Co. Lawyers. Your local experts in Probate and Power of Attorney matters.

28/08/2025

FAMILY LAW - PROPERTY

Separation & the need to adopt a property-focused mindset

The importance of getting early legal advice upon separation, or preferably before separation, where possible, cannot be underestimated.

This is because the whole matrix of family dynamics often changes upon separation, and it generally becomes necessary to adopt a self-protective mindset.

This involves taking necessary and appropriate steps to ensure the security of, where applicable:

property, including joint savings;
credit facilities;
any business/es;
movable items - cars, boats, caravans...
documentary/ other evidence.

When it comes to, for example:

Joint Savings - it may be reasonable and appropriate for a client to secure part, or all, of certain savings for his/her future use and protection.

Liabilities - it will often be appropriate to cancel or restrict access to credit that may be used for discretionary spending.

Movables - separation is often an opportune time to at least secure evidence of the existence of movable items that may be retained by the other party. This may be as simple as taking photos of personal belongings that would form part of the property pool before such items are removed, and potentially disappear.

What is reasonable and appropriate will depend upon the precise circumstances, which is why it is important to seek early legal advice.

Phil Brogan - Solicitor (Family Law/ Wills & Estates)

For Family Law and Wills & Estate services in Maitland, choose Brogan & Co. Lawyers. Your local experts in Probate and Power of Attorney matters.

26/08/2025

WILLS - EX GETS THE LOT!

Real case study:

H and W separate. It was acrimonious. There were two children. The H commenced legal proceedings for property settlement.

In the throes, the H died in a tragic MV accident. H left no Will. The parties were not yet divorced.

In the absence of a Will, the W was regarded as the appropriate Applicant for Administration and Beneficiary of the H's Intestate Estate (Ch. 4 Succession Act 2006 NSW).

Needless to say, the H's parents were VERY unhappy with this outcome as their relationship with the W was similarly acrimonious. They did not feel that the W should receive all of their son's assets, particularly as he was fighting for a division in the Family Courts.

NB: The making of a Will, even in the form of a short 'stop-gap' Will, could have avoided this situation.

Consider further (which did not appear in this case) - if the W had differing views about burial or cremation from those of the late H's parents (e.g., perhaps as in cross-cultural marriages), her views and wishes would have taken priority over any wishes or interests of the parents, no matter how hurtful they may have appeared. This could have added further insult and distress to the parents who, by this stage, had become closely aligned with the H, assisting him in a sense towards rebuilding his life as a single person.

I have encountered similar situations involving the death of the W. There is no gender bias intended, or in fact, in this illustration.

Wills & Estates and Family Law are not at odds. Usually, the paths intersect or align.

Phil Brogan has specialised in both Wills & Estates and Family Law for over 20 years and is best placed to assist parties in these important and often difficult legal areas.

Call now to connect with business.

16/08/2025

DOING LESS CAN COST YOU MORE! 😔

If you have a legal problem, the cost of doing nothing, or of acting on poor or mediocre legal advice, may be more than you can ultimately afford.

There is no substitute for experience and expertise in the law.

The law is complex.
We as people are complex.

You need a lawyer with the knowledge, skill and experience who can navigate you through these complexities to help you to achieve your best legal solution.

Life is short. You don't want to spend it embroiled in lengthy and costly legal conflicts.

16/08/2025

CONTESTED ESTATES 🧐

This is a VERY CONTROVERSIAL AREA of the law.

I am referring to claims by relatives or past acquaintances to a share of the deceased’s estate as opposed to claims about the validity of the Will (e.g. whether the person was of sound mind, or was unduly influenced, etc.).

Under the Succession Act 2006 NSW, an “eligible person” may make a claim for provision from the estate of the deceased within a prescribed period for his or her proper maintenance, education or advancement in life.

A Will maker is legally termed a "Testator".

Testamentary freedom is the term given to the Testator's legal freedom to make a Will and to distribute one's assets as he or she sees fit. However, the law acknowledges that this freedom cannot be completely unfettered, as it may otherwise lead to injustice such that a person to whom the Testator ought to have had regard (e.g., surviving spouse, child, etc.) may be left without adequate provision, if any, and without remedy. The family provision legislation exists as a means of rectifying this problem.

NOTE THAT:

1. It is prudent to obtain expert legal advice about your Will. Whilst the family provision legislation cannot be overriden, a Wills & Estates expert can assist you to craft a Will that will likely minimise, if not avoid, potential claims against your estate.
2. Consider whether your Will is up to date. As time passes, your circumstances may change, and your Will may need to change with them.
3. If you feel that you have been unfairly left out of a Will, then it is important to get timely legal advice.

Phil Brogan – Expert Lawyer in Family Law and Estates

31/07/2025

LITIGATION - CIVILISED WARFARE

Navigating litigation requires resilience and determination. Whether it involves Family Law, Estates, or systemic challenges, our approach at Brogan & Co. Lawyers remains unwavering. We acknowledge that the system can be flawed, and our stance is built on uncompromising courage, truth, strength, and devotion.

When faced with formidable battles, we stand firm, advocating tirelessly for our clients' rights. As seasoned fighters in the legal arena, we're committed to delivering unrelenting support and representation at 💯 percent.

29/07/2025

FAMILY LAW

In real life, family law is a jurisdiction that is fraught with raw emotion, bewilderment and lasting pain.

That's why you need a senior seasoned lawyer on you side who can navigate you through the pitfalls and assertively progress your case.

If we can help, please call Phil Brogan for a free assessment. Tel: (02) 4909 4897