Companion Animals

Thursday, 25 June, 2026

In determining what care arrangements should be in place for a child after the breakdown of a relationship, the Federal Circuit and Family Court of Australia (‘the Court’) must consider what is in the best interests of the child. But what about the fur babies of the relationship?

How to Divorce your missing spouse

Wednesday, 11 March, 2026

Post Separation Counselling

Tuesday, 3 February, 2026

The end of a relationship is one of the most stressful events in life a person can experience. Lawyers can provide advice about family law. Parties should make a genuine effort to resolve issues.

The Role of the Independent Children’s Lawyer

Wednesday, 28 January, 2026

Understanding Family Violence in Family Law

Tuesday, 23 December, 2025

The existence of family violence is a key consideration in family law property matters and parenting matters.

Mediating the Moment

Wednesday, 1 October, 2025

Mediation is best conducted in the present moment. The challenge for the mediator and the parties is to remain in the present as each moment unfolds rather than rush to find a solution.

I am an Executor and I Have Been Asked to Provide the Beneficiaries of the Deceased Estate with Information and Copies of Documents. What Should I Do?

Friday, 26 September, 2025

Requests for copy documents in relation to a deceased estate usually occur when a beneficiary or a potential claimant against an estate want information about a will and the value of an estate. There are statutory requirements in SA in relation to the provision of ‘formal disclosure’ but outside of the Court processes principles of relevance, best and current practice, and the duty owed by the executor to the beneficiaries and creditors of the estate are relevant. Requests are often made for: • A copy of the Will; • A list of the deceased’s assets and liabilities; • Copies of valuations of assets; • Updates as to the progress of administration. An executor is not required to provide copies of all documents in relation to a deceased estate to the beneficiaries but is required to provide sufficient information to enable the beneficiaries to understand their interests and the progress of the estate. An executor should provide timely responses to requests for information. If a request is unreasonably refused, the Court can intervene and make orders ensuring a resolution to the dispute and may make costs orders against an executor unreasonably refusing to respond and provide information. Sometimes requests are made to inspect the file of the solicitor who prepared the will on the will maker’s instructions, attendance notes and correspondence. Consideration should be given to whether it is beneficial to allow inspection. It may help to resolve a dispute, saving time and therefore be cost effective. Whether to agree to a request to provide information or copy documents to beneficiaries or other interested parties in relation to a deceased estate can be a difficult question for an executor and it may be wise to seek legal advice.

When Wills and Relationships Collide: Navigating the Overlap of Estate Administration and Family Law

Tuesday, 19 August, 2025

In family law property settlements, the Federal Circuit and Family Court of Australia (‘FCFCOA’) often considers whether an inheritance under a will should be treated as the property of a party or as a potential financial resource. A key factor in this determination is the timing of the inheritance—whether it was received before, during, or after the separation. The Court also considers whether there is knowledge of a future inheritance, either imminent or distant. The increasing use of Discretionary Testamentary Trusts in wills has added complexity to these considerations. Testamentary Trusts can aim to keep inherited assets separate from a marital asset pool, however the FCFCOA has broad powers to interpret whether they are property of the parties or financial resources. In the case of Bernard v Bernard [2019] FamCA 421, the Court held that the husband’s interest in his late father’s estate, held via a discretionary testamentary trust, constituted a financial resource. The husband was neither the settlor nor the trustee of the trust established pursuant to his late father’s will. He was classified as a discretionary beneficiary, and the trust assets were not considered matrimonial property, as they were not acquired during the marriage. This matter illustrates how such trusts can influence the outcome of property settlements and the importance of the terms of the trust deed and how it operates. While estate administration and family law obligations overlap in some areas, the duty of disclosure differs between them. Family lawyers may request estate documents from estate solicitors to support property settlement matters. Beneficiaries or interested parties often make informal requests for documents such as: • A copy of the Will • A statement of assets and liabilities • Updates on the progress of estate administration • Financial information relevant to family provision claims When inheritance is not imminent, and such requests are made informally, the rules around disclosure and discovery can be ambiguous. If the FCFCOA issues a subpoena, compliance is generally mandatory. However, if the request is made informally, such as through solicitor correspondence, it is prudent to seek clarification before providing information. Conversely, if an inheritance is imminent, full disclosure is required in the context of property settlement. This includes providing the Grant of Probate and other relevant financial documents. Understanding the interaction between estate planning and family law is crucial in navigating the complex issues of inheritance and property division. For more information on how this is relevant to your matter, and what it means for you, please contact us at Swan Family Lawyers on (08) 8227 1970.

What is the difference between an appraisal of real estate and a valuation for the purpose of agreeing a division of property between separating parties?

Wednesday, 28 May, 2025

An initial step in negotiating a settlement of the division of property is to agree the value of all assets owned. If values cannot be agreed, it may be necessary to obtain independent appraisals or valuations. The family home is usually the most valuable of the parties’ assets and agreeing its value is crucial in negotiating an agreement, particularly when one party seeks to retain the family home. An appraisal of real estate usually provides a value range based on comparable sales in the same area. They are usually provided by real estate agents free of charge and it is often sensible to obtain 2 or 3 appraisals to compare. Appraisals of property often result in a higher range in value than valuations as real estate agents are keen to encourage a listing of the property for sale. If parties cannot agree on a value based on the appraisals obtained, it may be necessary to obtain a valuation. Valuation reports are detailed and obtained from qualified valuers who charge for the service. It is usual for parties to agree to appoint a valuer who is engaged jointly by the parties to provide the valuation. In providing the valuation, the valuer must adhere to strict single expert witness rules. They will not communicate with a party directly, unless the party is self-represented and act independently and objectively. Valuations are generally preferred by the Court over appraisals. If you require assistance please contact us at Swan Family Lawyers on (08) 8227 1970.

My Partner Needs Therapy

Thursday, 1 May, 2025

Can I get an Order for my partner to participate in therapy or take medication? No!