Ross Legal Pty Ltd

08/07/2025

Why will I never advocate for a DIY Will or an online-based service/ provider?

Aside from the multitude of issues that can go wrong – eg. you are not a professional drafting these documents each day or familiar with the background laws, you can miss things and create further costs for your Estate to rectify mistakes, online providers do not cater to your specific circumstances or properly review your requirements, and Estate planning is more than just a Will …to name a few issues – the main reason is, I want YOU involved!

I want YOU at the coal face. Your Estate plan is far too important to delegate to a third party that spits out potentially problematic paperwork and your only contribution is to “sign on the dotted line”. These are your assets, your family, your decisions and hard work.

So, we meet face to face (yes I’m traditional like that!). We discuss and roadtest, we draft documents and review them together, we talk plain English so you understand what you are signing, and … you get take-home “bed-time reading”!

We gift you a folder containing useful guides you can read at your own pace - and retain, so you can refer to later as needed!

Get in touch to get started with us; we will make it as easy and painless as possible!

If this resonates with you and you think someone needs to hear it too, please share!

18/09/2023

Drafting a child support agreement – what’s the big deal?!

Entering into a private Child Support Agreement with the other parent could be a great tool for parents that may wish to set their own terms as to financial responsibilities of one or both of them towards their child or children.

But it’s not as easy as signing a one-page document you DIY. A lot of research, thought and drafting should go into the Agreement and that is why, when we draft your Agreement, we have all our tabs open. Let’s take a look at just some of the considerations that are at play.

❗️As always, this post is general comment only, and not intended as legal advice.

23/05/2023

Need to have a chat?
Why not book an obligation-free consultation to get some clarity.

Reach us here, on email [email protected] or phone (03) 9752 2388

03/11/2022

This one’s a tad long, but important!

The concept of ‘ademption’ states that if a Will-maker leaves a specific asset to a beneficiary in their Will and the asset is no longer in existence at the date of the Will-maker's death (ie the Will-maker sold it during his or her lifetime), the gift fails and the beneficiary won’t be compensated for the loss.

The rule developed borne of an assumption that the Will-maker was at all times aware of what they left in their Wills and would simply re-do their Will after disposal of the gifted asset if they so wished. If they did not subsequently revisit their Will, the assumption was that it was their intention that the beneficiary of the specific gift receive nothing in replacement. There were some exceptions, but they did not cater to all situations.

What if the Will-maker had lost capacity and their property was sold by their appointed attorney to move them into care?

What if the Will-maker could not update their Will due to loss of capacity?

This changed in Victoria in 2017 with updates to legislation which now provide that a beneficiary under a Will has the same interest in any money or other property arising from a sale, mortgage, exchange, partition or other disposition of gifted property that they would have had if the disposition had not occurred.

D will not miss out and will be entitled to say, the accommodation bond refund.

BUT (and there is always a but!)

If in the above scenario the deceased’s bank accounts, cars and collectables have also been sold to say, provide for further daily expenses of the deceased and the effect of the ‘anti-ademption’ places S at an unjust disadvantage (ie D walks away with majority of the Estate assets), the Court can step in to rectify the situation!

Don’t leave it to chance and guesswork or make it difficult for your beneficiaries – draft your Will with the minutiae of detail it deserves and cover each foreseeable development.

Contact our office and we can help you with your Will and Powers of Attorney needs.

Watch this space for a Christmas special announcement! ⚖️

01/07/2022

A sober reminder that when we assist you to make or renew your Will, we must carry out all due diligence; we do so for good reason, to ensure that as far as is practicable, things like this can be avoided. A good result for the family but at what cost, financial or otherwise.

https://www.theage.com.au/national/victoria/war-veteran-lacked-mental-capacity-to-give-house-and-fortune-to-hairdresser-20220622-p5avrp.html?utm_medium=Social&utm_source=Facebook&fbclid=IwAR1PEkboOmHpi_m9RTOG-77BHBifd-0MsuyR78c6Uwgd2MoUJZTla8FudNg =1655955258

A decorated World War II veteran tried to give more than $1 million worth of property and cash to a hairdresser in the months before he died. But the Supreme Court found the 97-year-old was not fit to alter his will.

18/06/2022

FYI BITE:

From 1 July 2022 the Federal Circuit and Family Court of Australia are increasing their filing fees. You can see the increase here - https://www.fcfcoa.gov.au/news-and-media-centre/latest-news/fl-fees-increase-2022?fbclid=IwAR3TKFuvGbLKwd18ibUmwg_N7bxeIcTm0r8G4tbQ08BL0FZEjzyAP392FPM

So is the Supreme Court of Victoria. You can see the increase here - https://www.supremecourt.vic.gov.au/forms-fees-and-services/fees #:~:text=All%20Court%20fees%20payable%20to%20the%20Prothonotary%2C%20the,under%20the%20Monetary%20Units%20Act%202004.%20Fee%20regulations

Get in touch if you need assistance across any of these jurisdictions and we can work together to resolve your legal issues.