What is an Accredited Family Law Specialist?
An Accredited Family Law Specialist has demonstrated a high standard of ability and experience in Family Law as follows:
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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.
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He or she has passed a three-part exam, which tests his or her knowledge of Family Law.
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This exam covers:
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Divorce procedures;
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Property settlement;
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Jurisdiction of the Court;
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Costs;
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Child welfare matters;
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Court practice and procedures;
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Child support and spouse maintenance;
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De Facto relationships; and
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Some knowledge of pensions, social security and legal aid requirements are also covered.
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References from other Solicitors or Barristers are provided to confirm the ability and experience of the applicant in Family Law.
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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 necessary. 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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