Archive for November 2014
BE SPECIFIC WHEN NAMING YOUR EXECUTOR
A clause in a will appointing executors in the alternative without stating the circumstances in which they are appointed is void. The Supreme Court was recently required to exercise its power to rectify a will that appointed as executor, “my solicitor … or any solicitor in her employ.” The clause didn’t indicate any order of…
Read MoreDNA EVIDENCE IS NOT ALWAYS THE FINAL WORD
A man charged with three counts of endangering the lives of occupants of a house by firing shots into the residence in a drive-by shooting where police relied on DNA evidence has been found not guilty after a recent trial in the District Court. Witnesses to the offence identified the car involved as belonging to…
Read MoreWHEN A CAR ACCIDENT CLAIM HAPPENS AT WORK
The issues that can arise when a person is injured at work as the result of a car accident were highlighted in a recent District Court case. The plaintiff was hit by a car while crossing the road to do her employer’s banking. As she was entitled to Workers Compensation a claim was made, although…
Read MoreNOT LIVING TOGETHER BUT STILL DE FACTOS?
A de facto relationship doesn’t legally end simply because one partner has sexual relations with others or even if they get married to someone else according to a recent Family Court decision. The case has reinforced that anyone thinking of separating from their de facto partner needs to express that intention to the other party…
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