The Insanity Defence

A lot of our perceptions of lawyers are shaped by what we see on television shows or in the movies. It can be hard to see where a good story ends and reality begins, so it is difficult for the everyday man to understand what a criminal lawyer in Sydney’s Inner West does on a day-to-day basis. Being a lawyer in Sydney’s Inner West is not the same as being a lawyer on Boston Legal or Ally McBeal.

However, one thing that appears in those sorts of television shows and movies that appears from time to time in the working life a lawyer is the insanity defence. The insanity defence is often used in drama to cause conflict in a story, and writers take artistic licence with their depiction of this form of defence. So what really is the insanity defence?

The Basics:

The insanity defence can be used to allow a defendant who was seriously mentally impaired at the time of committing an offence to escape a conviction.

Seriously Mentally Impaired?

The test for the insanity defence involves asking two questions:

  1. Was the accused functioning under a defect of reason due to a disease of the mind?

  2. Because of this disease of the mind, did the accused not know the nature and quality of their act; or did they not know what they were doing was wrong?

Clarification:

Above ‘disease of the mind’ refers to any mental disorder that manifests itself in violence and can recur, like schizophrenia. It does not include external influences like intoxication, and it must be a disorder, so simply being an average man in a highly emotional state does not count.

Result:

If the insanity defence is proven to be true, one of two results usually follows:

  • The person is detained in such a way the court sees fit (like a mental institution), until the court chooses to release the person; or

  • The person is released after the court is satisfied that the safety of the person and the general public will not be endangered by the person’s release.

If you are seeking a criminal lawyer or a solicitor in Sydney’s Inner West, visit CM Lawyers or call (02) 9568 6266

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Common Questions People Ask about Divorce | Video

One of the most challenging aspects of family law has to do with dealing with divorce issues. In this post, let’s talk about some of the most common questions people ask us about divorce.

For more information on filing for a divorce or any other issues relating to family law, contact Christine Manolakos at CM Lawyers today or call 02 9568 6266.

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How to Prepare Wills: Tips from Experts from Sydney’s Inner West

Having a lawyer prepare your wills on your behalf is always a smart idea. However, there may be some instances when you have to write it on your own. The nice thing about wills is that they don’t have to be peppered with legal jargon. They just have to be simple and clear to all concerned.

Source:www.ae-law.co.uk

But when writing your wills, there are some formal prerequisites that you need to keep in mind:

  • It must be in writing, either typed or hand-written

  • Your signature must be affixed at the bottom of the every page

  • You must have witnesses sign together. Take note, however, that witnesses cannot be the beneficiaries.

Writing your wills on your own

You can use any of the wills writing kits available on the market, but remember that they may not be specific to your requirements.

If you do decide to write your own will, it may be a good idea to have a lawyer check it for you to ensure that whatever you intended in writing will be carried out. Remember that the will is one of the most important documents you will ever write in your entire life.

Getting the help of a lawyer

Most family lawyers can write wills on their clients behalf, and also offer estate planning services. It may be a good idea to hire a lawyer who specialises in wills and estate planning for the following reasons:

  • There may be a significant number of people concerned in your will

  • Children and children with disability are included in special considerations

  • You have joint assets with other people

  • You have a family-run business

  • You have assets outside the state or abroad

  • You want to have your beneficiary protected against other circumstances such as divorce

  • You earn income from a trust or family-owned company

  • You want someone to be removed from the will

  • You are concerned about the amount of taxes you may have to pay on your assets

Where wills should be kept

Protect your will from the prying eyes of individuals with ill intentions. Keep it somewhere safe. If the lawyer is the one preparing it for you, request to have them keep it at their office. Remember to ask for a copy.

Keeping it in a safety deposit box in a bank is also a good option.

For more information on wills and estate planning in Sydney, visit CM Lawyers at or call 02 9568 6266 today. Look for Christine Manolakos

Conveyancing Issues in Sydney’s Inner West: Challenges Homebuyers Could Face

Buying your first home says a lot about your capabilities as an individual. It makes you realise that you are able to stand on your feet. It also makes you feel secure that you are investing into something that you can call your own that appreciates in value over time.

But buying a home isn’t easy. There are lots of challenges that you could come face to face with, especially if you are a first time home
buyer. If you’re buying a home in Sydney for the first time, it’s highly recommended that you consult with a highly qualified professional who specialises in conveyancing in Sydney’s Inner West.

 
Visit CMLawyers or call 02 9568 6266.
 
 

How to Prepare Wills: Tips from Experts from Sydney’s Inner West

How to Prepare Wills: Tips from Experts from Sydney’s Inner West

Wills are supposed to outline each family member’s fair share of inheritance should anything happen to the head of the family. However, bitter conflicts may arise when the will is contested.

To help prevent will contest, here are some tips from CM Lawyers, one of leading experts in estate planning from Sydney’s Inner West.

Take the time to prepare the will

The will plays a crucial role in shaping your family’s future. That’s why take the time to carefully plan it, and don’t procrastinate. The best time to plan your will or to do estate planning is when you are most able, or immediately, not when people get the chance to question your ability to make informed decisions. Now is also the best time to avoid getting swayed by people who are trying to influence you. By delaying estate planning, you run the risk of leaving out some very important details or considerations that need to be included. Should problems arise in the asset distribution, it’s better to address them right away than later when you’re already unable to.

Include a No Contest Clause

In terrorem, or a no contest clause, is a crucial part of wills. It prevents any entity who challenges your will or files a lawsuit against you from having any part of your estate. Ask your estate lawyer if the no contest clause can be applied in your area.

Observe Discretion When Preparing Your Will

Preparing your will shouldn’t be kept secret, especially to your loved ones. Just observe discretion when preparing it. Disclose important details only to your lawyers or to your most trusted loved ones. Keeping your loved ones in the loop about some of the details of your will and talking to them about the reasons for including some of the details in the will helps to avoid contests. It also prevents them from getting caught in any surprises.

Include a Revocable Living Trust

Including a revocable living trust is one of the best ways to prevent will contests. It keeps the contents and other details of your will safe from individuals who may have ill intentions against you. A revocable living trust is a legal private document that allow access only to its owner.

Review and Update Your Will Regularly

Finally, when everything is set in place, be sure to review your will regularly. There may be some details that need to be removed, changed or updated, according to the changes in your living condition, financial or marital status. Take the time to talk to your lawyer about some changes that may need to be incorporated into your will.

To find out more about will and estate planning, visit CM Lawyers or call 02 9568 6266 today.

By Alex Sapounas

Conveyancing Issues in Sydney’s Inner West: Challenges Homebuyers Could Face

Conveyancing Issues in Sydney’s Inner West: Challenges Homebuyers Could Face
 
Buying your first home says a lot about your capabilities as
an individual. It makes you realise that you are able to stand on your feet. It
also makes you feel secure that you are investing into something that you can
call your own that appreciates in value over time.
But buying a home isn’t easy. There are lots of challenges
that you could come face to face with, especially if you are a first time home
buyer. If you’re buying a home in Sydney for the first time, it’s highly
recommended that you consult with a highly qualified professional who specialises in conveyancing in Sydney’s Inner West.
 
Visit CMLawyers or call 02 9568 6266.
 
 

CM Lawyers Talks about Conveyancing in Inner West

Conveyancing is defined by law as the process of transferring a legal title from one party to another and or granting of encumbrance from one person to another that also involves the exchange of contracts. In simple English, it is the transfer of ownership from the seller to the buyer. Generally conveyancing in Inner West Sydney is encompassed by the National Law of Australia that strictly implies all transfer of ownership done through a conveyancer should be carried out by a licensed practitioner, otherwise, will be subjected to legal actions.

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