NSW THINGS WE WISH PEOPLE KNEW (OR WOULD BELIEVE WHEN WE TELL THEM)

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Tim W

Lawyer
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28 April 2014
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I was recently involved in a discussion where the question was...
"...what's a piece of advice from your profession you wish people knew?"
The person who put that question was an accountant.

In no special order, this was my reply:

1. The money you think you're saving by doing a DIY Will
will cost your estate thousands of dollars to fix up after you die
so as to reflect your actual intentions.
And probably do great damage to your family.

2. The answer to
"But I don't want go to court dear. Can't I just send in a Stat Dec? "
is... "NO".

3. It doesn't matter what speed you are really, really, sure you were doing.
Your belief, no matter how strongly held, is not evidence.

4. You think your Family Law matter is "civilised"?
Wait until it comes down to sorting out the money.

5. Yes, spouse of bankrupt person - you can, and probably will, "lose the house".

6. Men - stay TF off the Men's Rights pages.
We probably are going to bill you
for the time we spend explaining to you why
so much of what is on there is utter bollocks.

7. Read stuff before you sign it. And if you don't understand it, don't sign it.

8. The harder someone pushes you to sign something, the more cautious you should be.

9. If your kids have two nationalities, then make sure that you know if they have a passport for their "other one".

10. Yes, you do have to pay Child Support.
But no, you don't get to control how the money is spent.
If that's a thing for you, then find out about
a thing called "Third Party Payment Arrangements".
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,943
820
2,894
Sydney
Having got started, I'll add a few more...

11. Caveats do not operate they way they do on American TV.
Not even in America.

12. Lodging a caveat when you are an unsecured creditor, in the hope of getting priority payment,
doesn't really work.

13. A large part of the drama in Family Law happens because people don't get Parenting Orders.
There's a lesson in that.

14. It's not an offence to be on the receiving end of an AVO.
The offence is to breach it once it's made.

15. In Australia, there are lots of times when you can be made to provide your ID/ personal details.

16. The Right To Silence only applies when you are being interviewed, having already being arrested.

17. Paying Child Support does in itself not create some sort of enforceable right to see your child(ren).

18. Honour killing and FGM.... No. Just no.
There are no circumstances in Australia where those are acceptable.

19. Your personal cultural values are of no legal relevance.

20. A Power of Attorney ceases at the moment of death.
Absent a nomination in the Will, there is no obligation, nor any right, for the Power of Attorney Holder to go on to be the Executor.