- There are certain categories of eligible persons who can make a family provision claim if you have failed to provide adequately for them in your will. Eligible persons in Western Australia are your:
- spouse or de facto partner
- former spouse or de facto partner if they were entitled to receive maintenance from you at the time of your death
- children regardless of their age
- grandchildren
- step children
- parents
- You should do some homework about your chosen charity.
- What is the precise name and address of the charity – ask for the ABN
- Is your intended beneficiary really a charity
- Will the charity accept the type of gift that you wish to make, or has the charity a preferred form of bequest.
- You should consider giving your executor the power to select another charity which will fulfil the charitable purpose of the original charity because your chosen charity may have stopped to exist or may refuse your gifts.
Proving a partnership exists
Without taking a detailed statement from you an answer to your question is not possible. The issues to consider to look at providing an answer are amongst other things as follows:
Was the loan from your friend in writing? What were the terms of this loan.
Is your friend shown as an owner of any business name?
Is your friend shown as a shareholder of any company you have incorporated?
If you had no written agreement with your friend what is your understanding of the agreement?
What were the words that you spoke and you remember hearing in reply from your friend as opposed to your understanding of what was said?
Are there any public documents or records that show you and your friend being in business together?
Supplied incorrect goods
It is not possible to provide advise. In general the issue of whether goods supplied out of time result in a damages claim will depend upon the contract between you and the supplier. If the goods were goods that you agreed to supply to your builder then the builder is entitled to an extension and more money if the goods are delivered late and his schedule is put out by this delay. Whether you can pass the additional costs on will depend on your contract with the supplier and in some cases, the operation of the Australian Consumer Law as you may have remedies against the supplier for misleading and deceptive conduct (s18), unconscionable conduct (s20) and or unfair contract term (s23).
Builder's warranty
This is the perfect occasion to retain a lawyer, whether a solicitor or a barrister, for advice.
Retaining a solicitor has the added advantage of the solicitor being able to act for you in further negotiations and, if you provide instructions and authority to do so, sign the contract on your behalf (a barrister cannot generally do so due to the nature of their profession and work.)
You should not feel forced to agree to a contract that you do not understand and you always have the option of reviewing the contract, coming back later, and even suggesting amendments that might make the contract fairer. Signing a contract has important legal consequences and you should not do so unless you understand the contract and / or have been advised by a lawyer as to what the contract means.
Disclaimer: This advice is general and is not intended to be relied upon as advice for your specific situation and circumstances. In order to provide an advice taking into account the entirety of your unique circumstances, I would strongly recommend that you seek further professional legal advice.
Yes, it is possible to give your estate to a charity in your will.
Leaving your estate to a charity is a commendable act and to ensure that your gift does not fail you should be aware that:
Hi, based on the limited facts provided there may be a cause of action for oppression of shareholders under Part 2F.1 of theCorporations Act 2001. The remedies available are outlined in section 233 which include a winding up order or an order for the purchase of shares by certain persons/members of the company. Other remedies may also be available subject to further information.
I note that this is not an advice and is not to be relied upon. If you wish to contact me regarding the issue please be in contact. I have experience as a Barrister in this area and specifically on this point of law.
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