Edinburg Employment Law Attorneys

For most of us, our jobs provide more than just a means to support ourselves and our families. Our jobs can provide direction and purpose. In addition, our job can become a major part of our identity. If you are wrongfully terminated, harassed, victimized by discrimination or forced to endure some other kind of injustice in the workplace, it will cause major problems in your life. Besides the loss of a paycheck, losing your job can lead to stress, anxiety, diminished opportunities and a host of other problems. You do not have to tolerate this injustice. Working with a skilled, experienced attorney can hold your employer accountable and help point a way to a brighter future.

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What is inheritance law?

inheritance-law-bathurst

It is a very important aspect of the legal system that deals with how the property or possessions of a descendant will be passed on either to the heirs or the spouse.

 

It differs in every legal system and inheritance law in New South Wales the law pertaining to inheritance is the Succession Act 2006.

 

What is a will and should you make one?

A will is a legal document that is written by you to make sure that your assets and property are divided according to your own wishes.

 

It is of great importance for a person to write his or her own will in order to ensure that the assets are divided the way he wants and to avoid conflict.

One thing to note is that a person who is above the age of 18 can make a will. If a person who is less than 18 years old wants to make a will that can be done with the approval of the court.

 

How to make a will?

You need to hire a competent lawyer or attorney who will be able to guide you on how to divide the assets and draw up the legal framework required for a valid will.

 

What happens if there is no will in place?

In the case of an absence of a will the succession act has a formula to decide how the property and assets will be distributed amongst the family. This is known as intestate.

 

If a person does intestate

If that is the case then the spouse of the person will inherit the property and all assets. However, it is different if they had stepchildren etc.

Things get complicated because of the blended families that are a part of the modern world. The inheritance laws face a lot of complexities due to the nature of the modern world.

 

It will be better to look into a little bit of these complexities.

 

Rights of children who were born through donors

Due to the technological advancement in today’s world, there have been many solutions to the fertility issues faced by millions of people. How does the inheritance law come into play?

 

According to the inheritance law of New South Wales, the legal parents of the child are not the donors but the ones who consented to the procedure.

The children have no rights in the property or estate of the donors since they are not the legal parents.

 

For adopted children.

In cases where children have been legally adopted and the adoption has gone through and is recognized by the estate then the child loses any right he/she had over the estate of his biological parents.

 

They are treated like the biological children of the adoptive parents and will have the same rights as their half siblings if any.

 

However, an issue that has been highlighted by the aboriginal communities who have adopted many children informally. In the eyes of law their status is not the same as biological children or the ones who are legally adopted.

 

For stepchildren

The stepchild has been not been given the same recognition in the New South Wales law as the biological child and there is one great qualification to it.

The biological child does not lose his/her right of inheritance even if the parents get a divorce or are separated but the stepchild does.

 

There are no rights of a stepchild in the New South Wales inheritance law if the parents got divorced or separated. This differs if one of the parent dies before aforementioned occurrences take place. The stepchild will have rights in this scenario.

 

Another important and the most vital factor is that the stepchild has to show they were “wholly or partly” dependent on the stepparent and were a part of the same household as the deceased at a given time.

 

This makes the inheritance law of New South Wales very difficult for stepchildren and very complex as well. This could be counted as one of the limitation in the law.

 

What if the person who dies has no children and no spouse?

Then the parents, grandparents, siblings and aunts or uncles of that person inherit the assets and property.

Can you challenge a will?

 

Section 58 of the Succession Act comes into play regarding this matter. A will can be challenged according to the inheritance law of New South Wales within 12 months from the date of the death of the will maker.

 

On what basis can a will be challenged?

If there is inadequate inheritance left for the child, spouse or someone that was close to the deceased, then the will can be challenged.

 

The procedure of challenging a will

There is a Family Provision Order application that needs to be filed which is then followed by an affidavit in which all the circumstances of the cases are presented in the Supreme Court of the New South Wales.

 

This is served on the person responsible to execute the will and he is asked to file a response, which can then ensure the validity of the will.

 

In these circumstances alternate dispute resolution is encouraged so the parties can settle the matter outside of court and not go through the tedious and not to mention extremely expensive process of fighting a case.

 

If that is not a possibility then the court will give its order keeping all factors and circumstances in mind. In this way the will can be set aside.

 

Conclusion

In conclusion the inheritance law can be very complicated and implementing the law and going around the complexities of the modern family in today’s society of New South Wales can prove to be a challenging task.

It is the very reason that one should hire a competent lawyer/Attorney to ensure that the will is drawn up in a way that will not leave any loopholes behind.

For people who are looking for their right, it is even more important for them to hire a lawyer who can understand and think in a manner that will guarantee you to be able to win your right.

A very different side to personal injury claims

 

With all the bad publicity about personal injury claims and so-called “ambulance chasing” it can be easy to forget 2 fundamental facts :-

  • The vast majority of personal injury claims are valid and create huge pain and suffering for the victims
  • Damages under English law are generally low – it is claims for ongoing loss of earnings and care costs that account for the oft publicized few larger claims

With some personal injury claims, the injuries are so catastrophic as to make any damages claim, in practical terms of impact on the life which the injury has caused, almost meaningless.

In one such tragic case reported this week, a young woman was left paralysed from the neck down by an assault in a pub.

The reason this case made the press, other than the horrendous injury caused to this young woman, was firstly due to it being as a result of an assault over literally nothing in a pub, but also as it demonstrates that where injuries are caused by an individual, not in work or on the road, that person is highly unlikely to have insurance. This leaves only the option in the type of cases where the act is criminal (and the position is worse where no criminal assault has taken place) to make a claim against the Criminal Injuries Compensation Board, where damages are limited as coming from the public purse, and often wholly inadequate.

Of course in this kind of case, no damages could ever touch upon the catastrophic impact of the injury, but the lady will need constant care 24/7.

According to the team at Floridakeysinjury.com; in the case of this kind of paralysis, the damages are likely to be only $55,000.00 and the assailant is thought to haves no assets.

Even worse is that the assailants have been granted bail over Christmas. Frankly outrageous.

Is it important to use a local personal injury lawyer ?

Is it important to use a local personal injury lawyer ?

The personal injury legal market is becoming increasingly dominated by the largest companies that have the biggest budgets. Maybe this is just the way of the world, but the way it tends to work in the injury claims market is through very heavy advertising and offer of significant inducements to those who sign up.

The injury market is dominated by firms who spend large amounts of money on tv advertising and an increasing budget on online activities, including pay per click. The inducements offered to clients who have cases accepted can be as high as $1,000,000.00 cashback or an IPAD. But is it a good idea to sign up for legal advice just based on who are the biggest company with the biggest budget ? With legal advice, surely it matters that you get the right advice ?

Well, for some kinds of personal injury cases, these can be largely straightforward, particularly in terms of establishing legal liability. The most obvious example of this would be whiplash – most whiplash cases involve a rear end shunt, and where that happens, the driver and passengers in the car in front, if they suffer a whiplash injury, will generally succeed with a claim. In that sense, it generally tends to matter little whether you use a big law firm or not, you are in pretty safe hands.

However, if you have a catastrophic injury or a nasty injury at work, or perhaps a claim for medical negligence, these are not straightforward personal injury claims. It is important, in those circumstances, generally to have an expert in those types of claims, and we would argue, to be able to meet with your solicitor regularly and develop the level of trust and confidence necessary between solicitor and client for these types of claims.

One firm which takes it’s local client base very seriously is Lyons Snyder Personal Injury who are based in Plantaion Florida. The firm deliberately markets itself as the personal injury lawyers to go to in South Forida. Unlike many of the other personal injury websites, the firm’s website also has bios for all it’s team of lawyers, is you get to see and find out about the specialist you will be dealing with. This makes a lot of sense.

Top 10 employment law facts you need to know

Employment law deals with a lot of responsibilities relating to employment contracts and working time, etc. These laws help you retain a happy employee, which gives you productive employees and better working conditions. In this article, we are dealing with facts about employment facts.

 

Register as an employee

The first course of action that needs to take place before your first payday is to register as an employer. And issue the detailing of the payslip about your earnings to pay any tax and NI owning.

 

Need to check for the legal right to work

Before you get started on the work, it is important for the employer to check if the employee has the legal right to work and keep the copies of documents

 

You can change the terms

If the employee wants to change some terms and conditions of the employment agreement, he can. But the changes must be accepted by both the parties and the changes must take effect within the month of writing.

 

Probationary period

You can make a job offer to the employee after the completion of the probationary period; the period should be long enough for the employers to judge if the employee is able to do his job.

Paid Holidays

Employees are entitled to at least 28 days a year paid leaves for a full-time worker. This entitlement to holidays starts from the first day of the employment and continues during the absences.

 

Sick pay

Employees are entitled to a sick pay of $94.25, but employers pay a lot more, but they also have the right to refuse these sick pay in case of an employee not being able to comply to the proposed requirements.

 

Workplace pension

All employees get auto-enroll into contributing towards a workplace pension unless the employee specifically opts out of it. You will have to provide them with access to a contributory pension.

 

Time off for ante-natal care

A pregnant employee is entitled to paid leave, which includes parenting and relaxation classes. Also, new parents are also entitled to statutory leave.

Gross misconduct

Gross misconduct is the conduct which can destroy employer and employee relationship. You can easily use these in the contract to make them aware of what constitutes gross misconduct and both parties much follow fair and reasonable procedures.

 

Work limits

All workers who are above 18 are entitled to one day off per week and if the employee works more than 48 hours, they can easily opt-out of this time limit. If the employee continuously works for 26 weeks, they can request for flexible working for both part-time works as well as full-time workers.