Articles & News2023-11-13T03:33:48+00:00

Latest news and updates from jk legal

JK Legal were the proud sponsors of the run and ride For the Armadale Triathlon

On 21 January 2024, JK Legal were the proud sponsors of the run and ride legs for the Armadale Triathlon Club Inc. event at Champion Lakes. There were 91 participants for the 7 events which included draft legal and regular triathlon Sprint and Enticer distances, a Mini distance event and a Duathlon (ride and run only) and Aqua bike (swim and ride). Congratulations to all the winners! Below are a few action shots from the day, as well as one of our local heroes, Dennis Admiral, who won the Enticer Male, and his son Jay, who placed 3rd in the[...]

May 6th, 2024|

New Property Process in the Family Court

The Family Court of WA is a place of last resort. Where parties cannot agree on how to divide their property, one party can apply to the Court for a decision about that division. And while some other processes are available, in high-conflict matters, the Family Court is often the only option. Unfortunately, for parties who have an application before the Court, there is usually a very lengthy wait before a decision is obtained, which is usually measured in years. As of 1 October 2023, the Family Court of WA will introduce a new, faster pathway for matters that meet[...]

September 26th, 2023|

Separation and Divorce

In Australia, an application to the Court for a divorce is separate from any application about property or children. The Court does not take evidence of fault or blame into account in a divorce application and will grant a divorce provided that the application is served on the other party, you have been separated for 12 months and the arrangements for your children, if you have children, are proper. The Court will dismiss the application if the Court is not satisfied that the parties have been separated for 12 months. It is essential to address this issue correctly in the[...]

September 22nd, 2023|

Special circumstances in the making of a Will?

Generally, any person over the age of 18 years who has legal capacity can make a Will. Legal capacity is a question of the ability to understand and make reasoned decisions about your affairs and may vary depending upon the transaction or decision involved. For example, a person may have the legal capacity to purchase land but not the requisite legal capacity to make a Will. It is also the case that a person may sometimes have legal capacity and sometimes not, perhaps due to a medical condition, changing medication, stress, or grief. It is possible to make a Will,[...]

September 21st, 2023|

What is the difference between an Enduring Power of Attorney and an Enduring Power of Guardianship?

Frequently, lawyers find themselves addressing questions surrounding the differences between an Enduring Power of Attorney and an Enduring Power of Guardianship. This common question is unsurprising, given the similarities between these two legal documents. Both documents appoint a designated person - a Guardian or an Attorney - who can act on your behalf when you're incapable or otherwise unable. While both documents involve entrusting someone to make decisions for you when you cannot, the main difference is in the scope of the appointment. An Enduring Power of Attorney authorizes your attorney to manage your financial and property matters, including bank accounts, shares, insurance,[...]

August 31st, 2023|

What is an Enduring Power of Attorney?

A Power of Attorney is a document that allows one person (“the donee”) to appoint another person (“the attorney”) to act for the donee concerning the donee’s finances. If the donee loses the capacity to make financial decisions for themselves, the Power of Attorney can no longer operate. That is where an Enduring Power of Attorney comes in. An Enduring Power of Attorney can still operate and, in some circumstances, will only operate if the donee no longer has capacity. As a result, when a client comes to us to make a Will, we always recommend that they consider also making an Enduring[...]

August 29th, 2023|

What happens if I die without a Will?

It probably won’t bother you at all. But you may be leaving a headache for your family or friends. The purpose of a Will is to give a specific person direction about how to divide your estate when you die. Therefore, your Will does two essential things – it nominates someone you trust and tells them what to do with your estate. Without a Will, someone may apply to administer your estate. That person must have an “interest” in the estate, which could be someone who will be entitled to a part of your estate or someone to whom you owe money. Sometimes[...]

August 22nd, 2023|

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