Law Talk Episode

17th October 2024

Description

In this week’s episode, Elizabeth raised concerns about designating a guardian for her son through her will, given the recent release of the child's father from prison on domestic violence and drug charges. Nick explained that while a will can indicate her preferences, the ultimate decision would lie with the family court, prioritising the child's best interests. Darren sought clarity on a road incident where he was not at fault, as the other driver breached traffic rules. Nick advised him to contest the insurance company's demands for damages. Benjamin brought up difficulties in accessing his superannuation early due to unemployment. Nick outlined the stringent conditions imposed by law and the ATO, which regrettably prevent early withdrawal in such cases. Other listeners questioned the need to update legal documents following an address change, to which Nick responded that such amendments are typically not required.

Topics Discussed:

Parental rights post incarceration

Parental rights post incarceration

Writing a will and guardianship

Writing a will and guardianship

Traffic incident insurance claim advice

Traffic incident insurance claim advice

Accessing superannuation under financial hardship

Accessing superannuation under financial hardship

Will validity with changed address

Will validity with changed address