Benefits Of Using Law Firm To Increase Compensation

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When you make use of the best law firm in Sydney to increase your compensation in case you allow yourself to benefit from decades of experience and expertise when dealing with legal matters of this nature. Whether your personal injury case eventually settles or goes to trial, your personal legal expert can guide you and advise you to the best course of action at all times. Many of these service providers will only see financial wins once you have succeeded in your case, so the better they are the better they get paid in the end.

Investigation and Initial Demand

First comes the investigation period, whereby your legal expert will delve into the events that transpired to uncover every bit of needed information. This discovery period is needed to find all relevant details related to the nature and extent of your case, and a determination of fault for the underlying occurrences that are being covered. Next, the attorney will likely make a demand to the insurer of the liable party in order to set proceedings in motion and make a claim against the needed party. If this initial demand results in a settlement offer, your professional legal advisor will review it with you and recommend how to respond accordingly. The chances you will take the first offer are minimal.

The Personal Injury Litigation Process

A personal injury lawsuit starts with the filing of the complaint, a document listing your legal issues and facts in support of those arguments, and what you demand as repayment for these transgressions. After you file the complaint and serve it on the defendant, the defendant will file a response to your complaint. Once all has been set in motion and moving forward, the legal period of discovery begins, whereby legal eagles start the discovery process going over the other party’s part in the occurrence. This is the stage of litigation where the two sides exchange information that might serve as evidence during the trial. In most personal injury cases, discovery will consist of depositions, requests for documents, and the process can take months to complete.

When using law firms to increase your compensation within a personal injury suite you need to ensure you can rely on the professional ability and knowledge of these professionals. When you need help building and winning your case, be sure to call the best minds around.

Contact us today to find out more about these services!

Main Advantages Of Hiring Children Custody and Family Lawyer

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According to psychologists, a family is the backbone of society. In other words, a family is a component of society that is extremely important in creating a community of people. This is the reason why, when the family structure works smoothly it brings peace to not only your family unit but the community at large. Therefore the need for a family lawyer Sydney is needed to resolve issues that can be preventable, or that might bring additional pain into the family unit.

The biggest mistake that individuals and families make it not engaging soon enough and waiting until the last minute, that is why it is important to engage a firm like Barwick Boitano Lawyers once an issue arises. In this case, let’s go through the benefits of hiring a family lawyer, more specifically Barwick Boitano Lawyers.

Knowledge And Skill

When you have an experienced individual on your side, like those at Barwick Boitano Lawyers, then any legal issue can be handled in a smooth manner without any need to wait and not understand. These lawyers make their livings defending you, and acting on your behalf. At the same time, they know which part is presentable at what time, a dedicated lawyer will do everything to uncover further information that will reduce or remove claims or blame made against yourself.

Further, a lawyer will be able to support and guide you through the entire legal process to bring peace of mind to you, your family or whomever they are engaging.

Reduced Burden and Mental Stress

Dealing with any legal matter, there are stresses involved, talking to a professional lawyer allows you to relieve some stress, in that you understand that you are in safe hands. Especially in the case of family law, it is quite an emotional affair, and depending on the issue, you (the client) might not have the mental capacity or sharpness in order to face reality, a legal professional and those at Barwick Boitano Lawyers create further trust, and enable you to relax, knowing you’re in good hands.

Avoid Costly Mistakes

When you have a family law specialist on your team they can guide and advise with documentation and due dates. From when to hand in forms to when to apply to courts, there are a number of elements that can cause delays or even fines if not managed correctly. With a professional, you can ensure to hit every mark ideally.

When you want to find out all you need to know about custody lawyers and dealing with children, be sure to contact our professional team right away. We can guide you towards the most effective resolution for your issues at hand. Contact us now!

 

6 Signs Your Family May Need a Lawyer

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Many people think that dealing with family matters doesn’t require the services of a family lawyer. If it does, then they usually see it as the last resort when things become worse among family members. Typically, family issues are covered by family law specialist, a field of legal practice that deals with marriage, adoptions, divorce, child custody, and many more.

Lawyers who specialize in this field of law have the primary role of keeping families together. If that’s impossible, they should at least find the best legal option to maintain love and peace among the members.

However, many families don’t realize the importance of working with a legal professional. Thus, to help you know when your family may need a lawyer, below are the six signs to consider from the get-go:

When you’re preparing for marriage

When you get married it is one of the most exciting life events for a couple, it however can become complicated in terms of your legal affairs, especially when it comes to both financial and legal obligations to a spouse. Hence, if you’re getting married soon or in the near future, it makes sense to speak with a family lawyer to gauge whether or not you need to engage in additional services to just make sure you’re secure.

For example, your professional and experienced lawyer can help with documents such as pre-nuptial agreements before proceeding with the marriage, this ensures that all assets acquired prior to the marriage can be retained in the case of a divorce. Also, a pre-nuptial agreement drafted by an experienced lawyer like the ones at Barwick Boitano Lawyers can help you protect your assets and make sure you don’t have any financial missteps in the future.

When you’re filing for divorce

Usually ending a marriage through a divorce can be a complicated and overall overwhelming experience and process, it is a serious matter considering everything. From the division of assets and the determination of the ownership of your child’s time, the entire process can be quite traumatising if you do not have adequate representation.

This, therefore, requires you to hire the best possible lawyer for the situation, and we at Barwick Boitano Lawyers believe that during your divorce we are the best on your team. Depending on the reasoning for the divorce, your financial situation, and the circumstances a divorce can be quite a costly endeavour. Thankfully, with a legal expert on your side, you’ll be able to protect what is yours and hopefully come out ahead.

When there’s conflict over child custody

When a child is in the conversation, in attempting to get a divorce, child custody can become an issue. When you and your partner separate, what will happen? Who will get them? During what period? Conversations like this can lead to quite a few conflicts.

When these conflicts arise, you’ll be required to attend a court hearing and with Barwick Boitano Lawyers on your site, you can be assured that you will get the best result, but not only you but your child does also. The process of settling child custody can be quite difficult, however, we can assist you in all legal matters, in a friendly and local experience.

If you’re interested in family law services, please contact us at www.bblawyers.com.au.

What Does A Family Estate Lawyer Do?

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When a family member passes away, their family may be left with a need to settle pending debts as well as distribute family and estate assets. This can be stressful for your family, and the family of the deceased individual. In some cases, legal advice is required from a practising lawyer to manage probate and make the experience as smooth as possible.

The real estate lawyers at Barwick Boitano Lawyers are experienced in the legal processes and procedures involved in estate administration and providing accurate and useful information to executors. Executors carry a heavy burden, and with the establishment of a relationship with a legal professional, not only does the burden decrease but there is clarity into “what happens next”. Should you need assistance, Barwick Boitano Lawyers are here to help your family resolve debts, settle matters and distribute assets appropriately according to the last will and testament of your deceased family member or loved one.

To better understand this area of law, or the finer details relating to the executor’s duties, please read this FAQ below or feel free to contact a family estate lawyer regarding your family estate, probate or estate administration.

Estate Administration Frequently Asked Questions – Family Estate Lawyers

What is Probate?

It is the process in which you confirm that a will has been validly made and approved by the supreme court.

Who Applies for Probate?

A grant of probate gives the Executor/s the authority to deal with the assets of the estate. In some small estates, it may not be necessary to obtain probate. If the only asset listed during estate planning was a bank account, bank rules may allow a small account to be closed without probate. Probate lawyers can help you determine the need for probate.

Do all Wills have to go through probate in Australia?

The short answer is no. However, if there are significant amounts of money, real estate or shares, probate is most likely required. Contact our team of probate lawyers at Owen Hodge Lawyers today to see if you need to apply for probate.

Do I require Probate if I own my assets jointly with my spouse?

If a person’s assets are all jointly owned, no grant of probate is required.

How long does probate take?

The process of obtaining a grant of probate should be concluded within 8 to 12 weeks of the date of death.

What are the fees involved in probate?

The Supreme Court charges probate fees to process the application. The court also regulates what probate lawyers may charge for the legal work, based on the size of the estate.

Why do I need a death certificate?

An original death certificate is required for an application for probate and to allow for the administration of the estate.

What happens if you don’t do probate?

If you don’t apply for probate (and it’s necessary for the estate), the deceased assets can’t be transferred to the beneficiaries. There may also be additional expenses incurred by the estate and/or the creditors may still pursue payments for the deceased’s debts.

What does a probate attorney do for you?

Probate lawyers are not obligatory, however, the administration of estates can be quite complex and may require a considerable amount of time to undertake all the tasks that are required.

There are legal requirements that must be satisfied to comply with the law and if you are an Executor, it is probably wise to at least gain some initial legal advice from an expert lawyer specialising in probate at the earliest opportunity.

What is an executor of an individual’s will?

An Executor is a legal term referring to the person named by a maker of a Will, or nominated by the testator, to carry out the directions of the Will. Typically, the executor is the person responsible for offering the Will for probate, although it is not absolutely required that he or she do so.

Can I access the deceased’s bank accounts?

Most banks will give an executor immediate access to bank accounts of less than $5000. Bank accounts in joint names should not be affected at all by the death of one joint owner.

Why You Need Family Lawyers To Manage Your Divorce

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A divorce lawyer is often the best way to protect your family when having to go through this often exhausting process. With a full understanding of the process and requirements from top to bottom, this is a wealth of knowledge you can use to your advantage. With someone trained to mediate and guide, this is the best route forward to ensure there are not lengthy and costly court proceedings along the way.

Knowledge Of The Law

The first good reason for involving a divorce attorney in your divorce proceedings is the fact that an attorney has a good grasp on the law, and therefore is in a better position to help with the legal proceedings. A good attorney is also well versed with court proceedings and therefore knows how to proceed to make the divorce as successful and peaceful as possible.

Division Of Assets

With a professional there to assist you, you can smoothly negotiate your way through the entire process. The best way of ensuring that everyone involved gets the best possible situation and division. A good lawyer will help you have a calm negotiation where no further issues will arise along the way. With someone able to be impartial you can make sure of a fair and credible deal at the end of the day, ensuring that both of you get what you deserve and what is fair.

They Help Keep You Objective

In most cases like this, the overriding approach for clients is guided by emotions. Their differences as well as potential resentment is what can drive arguments and disagreements, dragging the proceedings on for months. This prolonged situation can just make things far worse as it makes it less likely for a deal and compromise to be achieved. A professional will be able to help keep the focus on the main subjects, helping the couple to divide their property reasonably and with mutual respect. As well as to ensure calm and understanding when dealing with the custody of the children.

They Offer Alternatives

A skilled lawyer can also help clients to finalise their process quickly by providing a range of alternative means without necessitating a court case in the process. Legal professionals can help a couple calmly negotiate in a neutral, comfortable environment where everyone can be at ease.

When dealing with divorce a family lawyer can come in handy as a trained professional to guide you through the proceedings. With years of experience and resources to draw from, we can ensure you get the best deal for yourself when going through this trying time. Contact us right away to find out more!

Estrangement and Contesting a Will.

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The late Mr Rathswohl had 3 adult children. Less than a year before he passed away, the late Mr Rathswohl changed his Will preferring his youngest daughter above his other 2 children and left that child his house. The youngest daughter had also been appointed Attorney for her father and transferred almost all the monies in her father’s accounts and Term deposits into her own name. The effect was that our client and his other sister received nothing from their late father’s estate.

Following a contested 4-day hearing, the Judge ordered $500,000.00 be paid to our client from his father’s estate.  

The case has achieved some notoriety and has been widely reported in legal circles both in NSW and around Australia.

This is because it involved key evidence in the form of a voice recording using a mobile phone. The recording in this case was done by the other sister of our client recording her Father’s voice on a mobile phone and asking him certain questions about the other siblings; in particular whether the younger daughter was visiting daily and taking care of him.

We successfully argued for the tape-recording to be allowed into evidence, despite strenuous objections by the other side some of which were that the recording was improperly or illegally obtained. NB It is illegal to record conversations in NSW unless consent is provided refer to section 7(1)(b), Surveillance Devices Act 2007 (NSW).    

This is the first time the NSW court has been asked to consider the issue of a covert recording in the context of a Family Provision Claim.

The court ultimately accepted our submissions for the voice recording to be included in evidence finding that it was relevant and the recording had been obtained for the protection of the “lawful interests” of the sister. The court found she had not committed any offence in recording the conversation with her father.

The Judge concluded, in these circumstances, the recording was lawful and could be relied upon by us and admissible as evidence.

The mobile phone recording was able to be used to refute the younger daughter’s claims to a greater share of the estate because it showed the claims by the younger daughter that she was the only one caring for her father and the amount of time she was spending with him were not true.

The recording was a crucial part of evidence which supported our client’s case to receive provision from his late father’s estate. It was in effect a “voice from beyond the grave”.

If you have any questions about a Will dispute, Estate administration Attorney, or Wills and Estate Law generally, please contact us at Barwick Boitano Lawyers on (02) 9630 0444 or fjb@bblawyers.com to see how we can help.