What is an Accredited
Family Law Specialist?
An Accreditied Family
Law Specialist has demonstrated a high standard of ability and
experience in Family Law as follows:
-
He or she has been a
practising lawyer for at least five years with more than 25
per cent of his or her practice being in Family Law.
-
He or she has passed a
three-part exam, which tests his or her knowledge of Family
Law.
-
This exam
covers:
-
-
Divorce
procedures;
- Property
settlement;
- Jurisdiction of the
Court;
- Costs;
- Child welfare
matters;
- Court practice and
procedures;
- Child support and spouse
maintenance;
- De Facto relationships;
and
- Some knowledge of pensions,
social security and legal aid requirements are also
covered.
-
References from other
Solicitors or Barristers are provided to confirm the ability
and experience of the applicant in Family Law.
-
Each year, he or she must
prove that they have continued to keep up-to-date with
developments in the Law and has maintained the required high level
of involvement in the jurisdiction.
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How Can I Tell Whether a
Solicitor is an Accredited Family Law
Specialist?
Accredited Solicitors obtain
certificates, which you are entitled to see to confirm they have
current qualifications as an Accredited Family Law Specialist.
These certificates may be on display in the Lawyer’s
office.
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Why do I need a
Will?
If you do not make a Will,
when you die the Public Trustee might become the Administrator of
your Estate, instead of someone you wanted. Importantly, your
assets and belongings may not be distributed the way you would have
liked. Making a Will gives you control over who gets what and
when.
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Can anyone be an Executor of
a Will?
An Executor must be at least
18 years of age and be of sound mind at the time he/she is required
to execute the Will of a dead person. The Executor can be a
beneficiary of the Will, but this is not compulsory.
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What does Intestate
mean?
This means a person has died
without making a Will. Adult persons entitled to share in the
Estate can apply to the Supreme Court to administer/distribute the
Estate.
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Do you need a formal
reading of a will after a death?
There is no legal requirement
for a formal reading of a will after death in WA.
Whilst films and TV programmes often show a solicitor reading a
will to the family and other beneficiaries after a death, this is
not neccessary. The executor may arrange to
read the will in this manner, but they can contact the
beneficiaries by mail as it is often impossible to arrange for
everyone involved to meet at the same time.
I’m buying or selling
real estate, who can do my settlement?
A Lawyer can do your
settlement.
A settlement agent can take
care of your settlement, but is not qualified to give you any
advice on the contract; only a Solicitor can do that. You need to
know if all the right enquiries have been made to ensure there are
no caveats or special conditions that may affect your plans for the
property. Getting legal advice before you sign a contract is the
best course of action. Lawyers can prepare Contracts of Sale and
you don’t need to use a real estate or settlement agent in a
private sale, or in a transfer of land between family
members.
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Links to legal
websites
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