FAQs

Choosing a conveyancing lawyer means you’re getting more than just someone to process paperwork and undertake a transaction. You are also getting legal advice that protects you when selling one of your biggest financial assets. We take the time to identify risks, advise you on checks you should undertake, explain complex contract terms, and help negotiate better outcomes, reducing the chance of costly mistakes, disputes or hidden issues or defects that could cost you later on. This gives you confidence and peace of mind throughout the sale process.

A Section 32 Statement refers to section 32 of the Sale of Land Act 1962. This states that a statement must be provided by the vendor before a purchaser signs a Contract of Sale. It contains important information about the property, including the Title, Plan, Planning Certificate, Council and Water Certificates, Building Certificate, Land Tax Certificate, VicRoads Certificate, and Owners Corporation documents.

If the vendor fails to disclose required information, the purchaser may have the right to terminate the contract at any time before settlement.

This can take up to 2 weeks but sometimes before. We have to order a range of certificates that we recommend be put into the Vendor’s Statement. Some of these can take up to 2 weeks to get back to us. If you are told a Vendor’s Statement or Section 32 can be prepared in a couple of days, then you can assume it will not be a properly prepared one, which will leave you at high risk of being sued for non-disclosure.

A Vendor’s Statement is generally only valid for approximately 3 months, after which time, it is recommended that a revised one be prepared.

If the Vendor’s Statement is not prepared correctly or properly, the purchaser can end the Contract at any time up until settlement, with no recourse by you. They can also make a claim against you for losses incurred as a result of non-disclosure. As a Vendor, you have an ongoing obligation to ensure that you disclose all material facts. This obligation continues throughout the sale process, including after the contract has been signed if new material facts become known before settlement. If you fail to disclose material facts, you place yourself at risk of claims against you and significant financial losses. If a purchaser ends the contract, you may still have to pay the agent’s commission.

Subject to finance means that a purchaser is signing a Contract to purchase a property on the condition that they successfully obtain finance for the purchase. There are specific obligations the purchaser must adhere to ensure that they comply with the finance clauses in order to be able end the Contract without penalty if the purchaser’s finance is not approved.

Property adjustments divide certain property related expenses (and income from rent, if applicable) between the vendor and purchaser as at the settlement date.

Common adjustments include council rates, water and sewerage charges, owners corporation fees, rent for a tenanted property and other charges affecting the property. Generally, land tax is not adjusted.

The purpose of an adjustment is to ensure that each party is responsible for the relevant amount during their period of ownership.

Choosing a conveyancing lawyer means you’re getting more than just someone to process paperwork and undertake a transaction. You are also getting legal advice that protects you when making one of the biggest financial decisions of your life. We take the time to identify risks, advise you on checks you should undertake, explain complex contract terms, and help negotiate better outcomes, reducing the chance of costly mistakes, disputes or hidden issues or defects that could cost you later on. This gives you confidence and peace of mind throughout the purchase process.

Once you sign a Contract of Sale, you are legally bound by its terms. Obtaining pre-contract advice from our experienced property team helps you understand exactly what you are buying, identify potential risks, and ensure the contract terms are fair. It can also uncover issues relating to the title, finance conditions, settlement timeframes, and other important matters that may affect you before you enter into a Contract. It may also be that the contract does not reflect what you believe the arrangements are. This could end up saving you thousands.

The conveyancing process is quite involved, as there are many forms required to be prepared on your behalf. Before we commence the conveyancing process, we check the Vendor’s Statement and Contract of Sale and provide legal advice to you on these documents, particularly any areas of concern that we see. From there, we have streamlined our systems to make the whole process from start to finish easy for you. We do all the heavy lifting in the background and provide advice to you at each step, so you know exactly where your matter is at and what you need to do at each stage. Watch our video for a full explanation of the conveyancing process –https://www.youtube.com/watch?v=madshYb62kc&t=35s

Always have the Contract of Sale reviewed by a legal professional before you sign! This is one of the most crucial things you can do. Having the Contract reviewed could save you thousands later on! Apart from this, ensure you understand the finance clauses and check any conditions for building and pest inspections. Know what goods are included in the sale and the condition of the property at the day of sale. Understand the title and property restrictions such as any easements, covenants, or owner’s corporation for the property. Be sure that you have factored in extra costs of purchasing your home such as stamp duty, adjustments, legal fees, land registry lodgement fees and extra mortgage establishment fees.

By obtaining pre-contract advice with us, you can be sure you have all the right information to make an informed decision.

Buying off the plan means you are purchasing a property before the plan of subdivision has been registered. In some cases, the building may still be under construction or not even started. As you are purchasing before a separate title has been created, these contracts often contain additional terms relating to registration of the plan of subdivision, settlement, and the parties’ rights and obligations prior to registration.

Off the Plan contracts can be complex and involve additional risks, therefore it is crucial to obtain pre-contract advice before signing.

We get asked this a lot! This will depend on various factors such as who the property is being transferred from and to, the value of the property, whether the property will be used as the principal place of residence and what type of entity owns the property and the type of entity it is getting transferred to.

There are a number of stamp duty exemptions and concessions that may apply and we have specialised knowledge and experience in advising on these exemptions and concessions. It is best to speak to us to discuss your individual circumstances so we can provide the correct advice.

Property transfers have to be conducted through an online settlement system called Pexa which lawyers and conveyancers have access to. This is not a system anybody can access and transact on. Getting assistance through an experienced property lawyer also means that you will receive legal advice on different aspects of then transfer, including implications or issues that need to be considered that are often unknown of or overlooked. Usually, there are more things to consider in a property transfer than just the property being transferred.

The short answer is yes, you can in some circumstances. However, there are various legal and taxation implications that need to be considered before doing this. Obtaining legal advice from a property law specialist ensures that you receive all the vital information you need to make an informed decision before you go and create significant tax or legal implications for yourself!

If you are lending money to your children, obtaining legal advice first is crucial. We will go through the details of the loan and advise you on the best legal documentation to prepare that will protect you. Generally a loan agreement is one document that can provide some protection for your funds. We can assist with drafting a loan agreement and any other legal documentation required.

Registering a mortgage over your child’s property provides further security against your funds if anything were to happen. Without a registered mortgage, the property could be sold without your loan ever being repaid. If you have a registered mortgage over the property and it was sold, settlement cannot take place without the loan being repaid or you forgiving it. This provides you with a higher level of protection, especially in circumstances such as if your child and their spouse were to separate and go through property settlement. You can be confident knowing your funds have to be repaid before any excess funds are divided. Watch this case study for better understanding of what can happen if you do not obtain legal advice! https://www.youtube.com/watch?v=v7v4BY5z5yE&t=19s

Making your own loan agreement is not advised. Without proper legal understanding of the different elements required to make a loan agreement valid or enforceable, you place yourself at high risk if the borrower does not repay the loan. Ensuring you have a properly prepared loan agreement and any other legal documents required for your specific circumstance is crucial to protecting your funds.

No. Paying your mortgage off means that there is no balance left owing on the mortgage. That does not automatically discharge the mortgage from your Title. In order to discharge the mortgage from your Title, your bank must attend to the registration of the Discharge of Mortgage with the Land Registry.

Unfortunately, paper titles are no longer issued in Victoria. Most paper titles have been converted to electronic titles. This means that once your mortgage is discharged, your bank or mortgagee will retain control of your electronic title. Only an entity that is a subscriber to an electronic lodgement network can hold and control electronic titles. You can nominate your lawyer to hold electronic control of your title.

Any entity that is a subscriber to an electronic lodgement network such as lawyers or conveyancers can hold control of your title. Wollerman Shacklock Lawyers can obtain electronic control of your title from your bank. The advantage of us holding it is that we can make your title available for a transaction quickly and efficiently. Holding other paper documents in our deeds safe, is the same as holding electronic control 3 of your title. So, you can be confident that all of your important documents are stored safely in the one place.

Again, paying off your mortgage does not automatically discharge the mortgage from your title. This means that your bank will still hold your title. In order to discharge the mortgage from your title, you need to have a discharge of mortgage lodged with Land Registry. Wollerman Shacklock Lawyers can assist with this process.

An Application by Surviving Proprietor or Survivorship Application stems from the legal maxim the right of survivorship. It is the legal process to transfer ownership of a property when one of the joint owners has passed away. It allows the surviving owner to have the deceased person’s name removed from the title, so the property is held solely in their name.

Put simply, we know what we are doing and can do it quickly! There are several forms and documents required and checks to be undertaken to lodge the application. We know exactly what is needed, we obtain everything we need from you at the beginning so that we can undertake the transfer immediately and efficiently. We make the application through our online lodgement system. If you do it yourself, there is a high chance that there will be errors in the documents which means constant back and forth with Land Registry, as well as longer wait times from Land Registry.

No, you cannot. Survivorship Applications are only for properties that are held as Joint Proprietors. If your property is held as Tenants in Common, the deceased’s share of the property will be dealt with in accordance with their Will or the laws of intestacy if they did not leave a Will. This is why it is crucial to obtain legal advice when you are making your Will or Estate Plan or purchasing property!

A sub-division is an application to Land Services Victoria to divide a parcel of land into two or more lots. If the application is approved, each individual lot will be given its own separate title which means that they can then be transferred or sold separately to the other lots.

Obtaining legal advice early can help you understand your options, identify potential issues and avoid costly mistakes. We advise you if a property is unlikely to be subdivided as intended, identify planning restrictions, easements, covenants or other title issues that may affect your proposal, ensure the necessary approvals are obtained and guide you through each stage of the subdivision process to help minimise delays, unexpected costs and unnecessary complications.

A consolidation is when two or more adjacent parcels of land are merged to create one property with one certificate of title. This may be beneficial for redevelopment, financing, simplifying ownership or facilitating future development.

We can help you assess whether your land is suitable for consolidation, identify any legal or planning issues that may affect the process, ensure the necessary approvals and documentation are in place and guide you through each stage of the consolidation from start to finish.

A sub-division may be needed if you have a large parcel of land that you wish to build more than one property on that you intend to sell. You will require the sub-division to be approved in order to obtain a separate certificate of title for those lots that are to be sold.

Conversely, a Consolidation would be required if you own two or more adjacent lots and you wish to build over both properties.

They sound simple, however there is a lot involved in each process. Both involve corresponding with different authorities and third parties to obtain approval. Engaging an expert property lawyer to undertake the process for you is the best way to simplify the process for you.

Most times, you will need a planning permit for a sub-division but perhaps not a consolidation. Whilst this sounds simple it is quite complex and involved. Obtaining legal advice is the best way to ensure a smooth process. We help you assess whether your property is suitable for subdivision, explain the approvals that are required, liaise with your surveyor and other professionals, and guide you through the process from the initial planning stage to the registration of your new titles.

Yes. A Co-Ownership Agreement can assist in the event that there is a dispute between co-owners. Having a lawyer carefully draft an agreement can provide you protection from disputes without having to engage in costly legal battle down the track if issues arise. This agreement should include, among other things, a strategy to be followed should either party want to sell the property.

This is where things get tricky and why it is so important to have a co-ownership agreement in place. A well-drafted Co-Ownership Agreement will detail the steps to be taken if the parties do not agree on selling. In the absence of a well drafted Agreement, legal guidance is generally required with the first steps being mediation. If the mediation is unsuccessful, application to VCAT to obtain an order which will state how the property and proceeds are to be dealt with. The application should be carefully drafted so that it seeks the outcome you want.

Generally, neighbouring landowners are expected to contribute equally to the cost of repairing or replacing a sufficient dividing fence, unless there is an agreement or one owner has taken responsibility for the damage. If you have an issue with a fence that cannot be resolved or a neighbour who is refusing to contribute to the cost of repair, it is best to seek legal advice. We can assist in advising you on the best course of action to remedy the situation.

The best thing to do is seek immediate legal advice from an expert property lawyer. They will guide you on the best approach which may include writing to the neighbour requesting their structures are removed from your property. If no action is taken by the neighbour, it is likely that proceedings may need to be initiated which will include mediation to attempt to resolve the matter before proceeding to Court hearing. If no resolution is reached during mediation, the matter will likely proceed to Court hearing.

The best way to see where your Title boundaries are is to obtain a copy of the Title Plan which will show the property boundaries. Engaging a licenced surveyor will assist in determining whether fences or boundaries are built on title boundaries. They can map the boundaries out on your property, so you know exactly where they are.

Similar to if a neighbours fence or structure is encroaching on your property, the first thing to do is obtain legal advice from an expert property lawyer. They will guide you through the steps which may include writing to the neighbour requesting they remedy the issues, mediation or initiating proceedings in the event no resolution has been able to be reached. These issues also fall under the Water Act and it is important to obtain advice on your rights and obligations under this legislation.

Yes, provided the purchase complies with superannuation laws and the trust deed governing the fund. However, there are strict regulations around the purchase and the use of the property.

Because Self-Managed Super Fund property transactions are highly regulated, it is crucial to obtain legal advice from an experienced lawyer before signing a contract.

The purchaser named on the contract is generally the trustee of the Self-Managed Super Fund (SMSF) – not the fund itself. Using the wrong purchaser details can lead to unnecessary delays, additional costs and difficulties completing the transaction. Obtaining our advice before signing the contract can help ensure the purchase is structured correctly and complies with the SMSF rules. If there is borrowing against the property, there are more strict compliance issues to consider.

Adverse Possession is where someone claims ownership of your property or part of it, as a result of them having occupied and maintained it exclusively for a period of 15 years or more.

An adverse possession claim is not always easy. The onus is on the person making the claim to provide evidence that they actually possessed the property and had intention of possessing it. Things such as how long they have occupied and maintained the property/part of the property, that permission was not granted from the property owner for them to use the property and that they intended for nobody else to use the property must be evidenced.

An easement is a legal right that allows someone else to use part of your land for a specific purpose, even though you remain the owner. Common purposes include drainage, sewerage, access (rights of way), and utility services.

Easements are registered on the Plan of Subdivision and continue to affect the land even when ownership changes. We can help identify which, if any, easements affect your property, or what easement you may have the benefit of.

An easement may restrict what you can build or do on the affected part of your land. For example, you may not be able to construct a garage, extension, swimming pool or other permanent structure over an easement without the relevant approvals.

If you are buying, renovating or developing a property, we can help you understand exactly where any easements are located and how they may impact you.

No. If an easement is used for its intended purpose, the person or authority benefiting from the easement is legally entitled to exercise those rights. In fact, if the easement is on your land, you cannot impede its use for its purpose.

Disputes can arise where an easement is being used beyond its intended purpose or where its extent of use is unclear. If you believe an easement is being misused or is affecting your property in an unexpected way, it is important to obtain legal advice before taking any action.

An Easement is not something that is owned separately. An Easement is a legal right held by a person or entity to use or access another person’s land for a specific purpose. The land subject to the Easement remains owned by the property owner, while the person or entity who has the benefit of the Easement has certain rights over that land. For example, a water authority may have rights to use an Easement for water drainage that runs through property you own. Whilst you own the property, the water authority has rights under the Easement.

A covenant is a legal agreement registered on the title of a property that requires the landowner to do or not do something. For example, restrictions may be placed on fence heights. They are an agreement between the transferor and the transferee expressed in the negative.

In some cases, they can be removed by a plan, abandonment or if the dominant or servient tenements merge. It can be a tricky process, and legal advice is required as they can be very technical. The nvolvement of planning departments may also be required.

Covenants can be removed deed, by agreement of all beneficiaries or by application to the Supreme Court under the Planning and Environment Act 1987. It can be a tricky process, and legal advice is required as they can be very technical. The involvement of planning departments may also be required.

Yes, you can. It is best to obtain legal advice from a qualified and experienced property lawyer who will understand the property and the requirements for a covenant or easement. In addition to creating easements and covenants, we can also identify whether other restrictions or obligations may affect the property, such as a Section 173 Agreement, and ensure the appropriate documents and requirements are addressed.

As the saying goes, you get what you pay for! A professionally prepared Will helps ensure your wishes are clearly expressed, legally valid, and tailored to your personal and financial circumstances. DIY Wills can be unclear or incomplete, increasing the risk of disputes, delays, and added costs for your family. Getting legal advice helps minimise these risks and provides greater certainty and peace of mind.

Yes, you can. Joint executors are appointed to administer your estate together and generally must act jointly when carrying out their duties. While appointing more than one executor can provide checks and balances and share the responsibility, it can also lead to delays or difficulties if the executors disagree or one is unable or unwilling to act. It is therefore strongly recommended that you obtain legal advice and have your Will prepared by an experienced lawyer. This will ensure you receive clear legal advice on the different aspects that need to be considered, many of which are commonly unknown or overlooked when people prepare their own Wills.

There are ways to try to protect your children’s inheritance from forming part of their family law proceedings in the event they separate, including putting money and assets into a Trust. Whilst this sounds easy, it is imperative that you seek legal advice and assistance to set up a trust that will do exactly as you wish for it to do, not just now, but in the future. A poorly drafted Trust Deed may not offer the protection you want. It is crucial that you also understand different aspects of trusts including things such as compliance and costs of compliance.

A Codicil is a document used to amend an existing Will. While it may seem like a simple and costeffective solution, Codicils often present significant legal risks if they are not prepared correctly. Common issues include incorrect signing, unclear wording, disputes about a person’s intentions, and conflicts with the original Will. These problems can lead to costly disputes, delays in administering the estate, or even the Codicil being declared invalid. In fact, we are seeing more that most Wills with Codicils get rejected by the Supreme Court when the Executors are applying for a Grant of Probate.

For this reason, we recommend that it is best to prepare a new Will rather than relying on a Codicil to make changes. Whilst it may cost you a little bit more now, it could save your beneficiaries a lot later on.

You can change your Will as often as you like; you do not need to have any significant changes in your circumstances. However, some of the common reasons why people decide to amend their Will include:

• Getting married: Your spouse will often automatically become your next of kin, but you may like to make provisions for your parents and others as well. It is also important to note that, unless your Will was made in contemplation of marriage, getting married after your Will has been prepared will revokes your existing Will.
• Getting divorced or separated: You may wish to update your Will to reflect changes in your relationship and ensure your assets are distributed in accordance with your current wishes.
• Buying property: Significant assets, such as a family home, should be specially considered in your Will.
• Starting a business: Investing a lot of your money into a business venture can mean you need tomake provisions for the future of the business.
• Having children: Many parents want to leave specific items and assets to their children.

There are a number of estate planning strategies that may help protect assets passing to your children, including testamentary trusts in appropriate circumstances. The best solution will depend on your family and financial circumstances

In some circumstances, Testamentary Trusts may protect an inheritance if one of the beneficiaries faces a relationship breakdown. However, they are not “bulletproof” and this estate planning advice needs to be tailored to exact financial circumstances.

Yes, you can, however it is best that you obtain proper legal advice on this. Things can get tricky when there is more than one attorney appointed, particularly with things such as each attorney’s rights to act, when they can act and the relationship between jointly appointed attorneys. Obtaining legal advice ensures that you make careful and informed decisions on these aspects to avoid disputes or issues that can leave you in a vulnerable position in crucial times.

The short answer is – you leave yourself at very high risk by doing this. A Power of Attorney carries significant legal consequences, and even the smallest errors in wording, signing, or witnessing can render them invalid which are usually only discovered when they are needed most and it is it too late. Obtaining legal advice provides you with options as to whom you can appoint and how. It ensures your documents are properly prepared from the start, compliant with law, tailored to your personal circumstances and helps you understand different legal aspects that are often unknown or not considered. This helps ensure your wishes are clearly expressed and can be relied upon when it matters most.

You are never too young to have an Enduring Power of Attorney. In fact, anyone over the age of 18 should really consider having one in place as nobody can ever know what might happen. Circumstances that place a greater importance for someone to consider making a Power of Attorney include if you purchase or are thinking about purchasing property, starting, growing or if you already have a business, having financial commitments, having children, have had any major life changes or have health issues or concerns.

If you no longer wish to act as Power of Attorney, you can resign by providing the Principal (the person you are attorney for) relevant notice of your resignation. However, the process will differ depending on things such as whether the principal has mental capacity or not and if there are other attorneys or alternate attorneys appointed. It is best to obtain legal advice if you wish to resign to ensure that the correct process and relevant forms are used so that you do not breach your obligations as attorney.

The short answer is – you leave yourself at very high risk by 5 doing this. A Medical Treatment Decision Maker carries significant legal consequences, and even the smallest errors in wording, signing, or witnessing can render them invalid, usually only discovered when they are needed most and it is it too late. Obtaining legal advice provides you with options as to whom you can appoint and how. It ensures your documents are properly prepared, compliant with law, tailored to your personal circumstances and helps you understand different legal aspects that are often unknown or not considered. This helps ensure your wishes are clearly expressed and can be relied upon when it matters most.

You are never too young to have a Medical Treatment Decision Maker. In fact, anyone over the age of 18 should really consider having one in place as nobody can ever know what might happen. Circumstances that place a greater importance for someone to consider making a Medical Treatment Decision Maker include if you purchase or are thinking about purchasing property, starting, growing or if you already have, a business, having financial commitments, having children, have had any major life changes or have health issues or concerns.

Yes, you can, however this is where it is crucial to obtain proper legal advice to ensure that your wishes are reflected correctly and accurately and not open to misinterpretation.

If you no longer wish to act as Medical Treatment Decision Maker, you can resign by providing the Principal (the person you are acting for) relevant notice of your resignation. However, the process will differ depending on things such as whether the principal has mental capacity or not and if there are other decision makers or alternate decision makers appointed. It is best to obtain legal advice if you wish to resign to ensure that the correct process and relevant forms are used so that you do not breach your obligations as attorney.

Whilst you can, it is not recommended. Administering a deceased estate involves complex legal and financial responsibilities, and even small mistakes can lead to delays, disputes, and personal liability. Obtaining legal advice helps ensure the process is handled correctly, your legal obligations as Executor are met, and the risks of claims against you are minimised. It also provides peace of mind that you are properly protected throughout the administration process.

No, they cannot. If there are joint executors or more than one executor appointed, all executors must agree and provide consistent instructions on every aspect of the administration.

The time taken to obtain a Grant of Probate can vary. Before an application for a Grant of Probate can be made, the values of assets need to be verified with asset holders such as banks. This can take anywhere from a few days to a few weeks depending on the asset holder. Once we have been able to verify the exact value of all the assets, we are able to prepare the Probate documents. Once the Probate documents are prepared and signed by the Executor/s, the application with the Supreme Court will be lodged. Generally, the Supreme Court will take about 2 weeks to approve the Grant of Probate.

Unfortunately, there is no definitive answer to this. There are many factors that impact how long the whole probate process will take. The more assets or more complex the assets of an estate are, the longer it can take as there are more things to be done. Things such as efficiency of executors, asset holders, creditors and beneficiaries responding to correspondence from us also impacts the time it can take to fully administer an Estate.

This gets really tricky and, in these instances, it is best to obtain legal advice as quickly as possible. In some circumstances, it may be appropriate for an application to be made for the executor who is not fulfilling their duties, to be removed as Executor. This can be done but requires careful preparation. That is why it is always best to obtain legal advice on the administration of deceased estates from the beginning as normally we can avoid things getting to this point.

Yes there are. Before you can apply for a Grant of Representation, you must ensure that you have taken necessary steps to investigate if a Will was left. As part of the Application to the Supreme Court, you will need to attach evidence of all the steps undertaken to verify there was no Will. In these circumstances, obtaining legal advice from us is the best way to ensure that the steps required to satisfy the Supreme Court’s requirements are undertaken to avoid delay to the application and estate administration.

Not anyone can apply for Letters of Administration. The Administration and Probate Act 1958 (Vic) sets out the hierarchy of who has the right to apply. Generally, the right to apply is with the living partner of the deceased. If the deceased did not have a partner, the right generally applies to the children. The law then prescribes who can apply if there is no living partner or children. Sometimes people have equal standing to apply so it is important to check with us about how we deal with this.

Whilst you can, it is not recommended. Administering a deceased estate involves complex legal and financial responsibilities, and even small mistakes can lead to delays, disputes, and personal liability. Obtaining legal advice helps ensure the process is handled correctly, your legal obligations as administrator are met, and the risks of claims against you are minimised. It also provides peace of mind that you are properly protected throughout the administration process.

Common Estate Disputes include things such as disputes over value of property/ies, distribution of personal belongings of the deceased such as photos etc, claims that Executor/s/Administrations are not acting in the best interests of the Estate and its beneficiaries or interpretations of wording in a Will. Executors and Administrators have strict legal obligations so it is crucial to obtain expert legal advice on the estate administration process in order to protect yourself as Executor or Administrator.

An Executor is not generally entitled to a Commission unless the Will specifically states that the Executor can charge a commission, or all of the beneficiaries agree that the Executor can be paid a commission, or The Supreme Court orders that a commission can be paid.

Persons eligible to make a claim against an Estate are generally anyone who was financially dependent on the deceased before they passed away and believe the Will does not leave adequate provision for them.

Yes there is. A claimant only has 6 months from the date of the Grant of Probate or Representation to initiate proceedings and notify the Executor/s/Administrator/s of their intent to claim.

Generally the person making the claim pays their own legal fees and the Estate pays for the legal fees of the Estate. If the matter proceeds to litigation, the Court can order either party to pay reasonable costs of the other party. The claimant has an obligation to ensure legal costs are not unnecessarily incurred, therefore it is crucial to obtain legal advice in order to resolve the matter without costs legal proceedings.

Before purchasing a business, you must undertake a thorough due diligence on the business you are looking at buying. Things that you should consider are whether the business makes a profit and any other financial issues; the status of Lease and whether a Lease transfer can be done, any employee contracts that will be handed over with the business and outstanding employee entitlements, the condition of any equipment that comes with the business; ownership of any trademarks, software, licenses etc, any competing businesses; whether there are any specific licences or other matters that may be required to be transferred with the business. Another important check is to see whether any part of the business or its assets are subject to any encumbrances.

We assist in all facets of undertaking the initial stages of due diligence, advise you on any areas of concern or areas that should be negotiated, right through to the settlement process, giving peace of mind with no hidden surprises.

There is no single structure that is right for every business. Whether you purchase or start a business as an individual (sole trader) or through a company, or even a trust, will depend on your circumstances, the type of business you are operating and your long-term goal.

The structure you choose may also affect matters such as ownership of business assets, bringing in future business partners or investors, succession planning and the eventual sale of the business. Tax consequences may also arise, and you should obtain advice from your accountant or taxation adviser before deciding which structure is most appropriate.

Seeking legal advice is best to discuss your circumstances so we can help ensure the ownership structure aligns with your circumstances and future plans.

A Shareholder’s Agreement is a legal agreement between shareholders/company owners that outlines how the company will be run and managed, how decisions will be made and what will happen in the event of a relationship breakdown between the parties.

This is where a well-prepared Shareholder’s Agreement is invaluable. If there is a Shareholder’s Agreement in place, this should outline what is to happen in the event of a dispute. If there is no shareholder’s agreement in place, or the shareholders agreement does not outline how disputes will be resolved, it is important to obtain legal advice as soon as possible. We will provide you with practical guidance on how to try to resolve the dispute or attempt to resolve the dispute through mediation before it gets to costly litigation.

Unfortunately, in the event that there is no Shareholders Agreement, it is best to obtain legal advice immediately. We will advise you on your options to resolve any dispute, or assist with liaising with the other parties to come to a suitable arrangement for you to leave the business.

There are various different business structures that can be set up, each having different characteristics including differing levels of cost and compliance requirements. Obtaining advice on the structure that is best suited to your needs can save you the cost and headache of having a structure that does not suit your needs. The structures can also accommodate future planning.

This will depend on the circumstances of the dispute. Our core values of integrity are always at the forefront of our work, which means that we always provide an honest assessment of your legal position upfront. In that way so you can make an informed decision about whether you proceed with the matter further. We would never advise you to pursue a dispute if we did not consider that you had a strong legal position to do so.

We cannot provide a concise answer to this as this will depend on the reasonableness and want of both parties to come to a resolution. What we can assure you is that our goal is to come to a satisfactory resolution quickly and hopefully without prolonged expensive litigation.

The reality is that they can, if the parties are ready, willing and able to try to resolve the matter. Unfortunately, we cannot control what the other party will do. We prefer not to end up in costly and lengthy court proceedings and work toward coming to a satisfactory resolution as quickly as possible.

No, it is not. With a Bank Guarantee or Solicitor Certificate, the lawyer is signing a statement to say that they have reviewed the loan or guarantee documents, have provided you with legal advice and they are satisfied that you understand the general nature and effect of these documents. Until we have reviewed the documents and give you written advice and have a conference with you, we cannot witness the signing of the certificate, as we cannot know if you understand the nature of the effects of the documents.

Depending on the nature of the documents, we aim to have the advice to you within two days and then we book you in to attend our office to sign the Solicitor Certificate.

If you need a Solicitor’s Certificate in a shorter time-frame, contact our office and we can discuss this with you further.

You can, but we advise against it. Many trust deeds are based on standard precedents, that do not take into consideration your personal circumstances and objectives. A trust deed that is not tailored to your circumstances may create problems in the future, particularly when it comes to tax planning, succession and asset protection.

If you would like to set up a trust, contact us today. We discuss your personal situation taking into consideration your circumstances and objectives and assist you with deciding which trust would be right for you.

We can also advise on who are appropriate persons to be office holders.

The trust deed determines how the trust operates, who can benefit from it and who controls it. An offthe-shelf trust does not take into consideration your personal circumstances and objectives and therefore may defeat your objective of why you established a trust.

The terms of a Trust Deed are crucial, and one appointing the wrong persons to roles within a trust can significantly impact how the trust operates and whether it achieves its intended purpose. For this reason, it is important to obtain legal advice to ensure your Trust Deed is worded and set up with your exact intentions and objectives in mind.

A Trust Variation is generally required when there is a need to change the way the Trust operates., For example, if the Trust has no provision for the Trust succession upon the passing of any parties to a Trust.

This will depend on the circumstances. If a Trustee is administering a Trust and that administration is not in compliance with the terms of the Trust, the Trust could face penalties, and the Trustee could also be held personally liable.

The terms of a trust are important because they govern how the trust operates, including who can do what, the powers and responsibilities of the trustee, who the beneficiaries are, and the rights and obligations of those involved in the trust. The terms of the trust deed can have a significant impact on how the trust is managed and the outcomes it can achieve.

There are many reasons why it is important to obtain legal advice on the Administration of a Trust. The main reasons being to ensure that the Trust is being administered in accordance with the Trust Terms and that the trustee or other person is not acting outside its parts.

With our thorough and comprehensive understanding of Trusts, we carefully review your Trust Deed and ensure that it is being administered in accordance with the Trust terms. We check the details all the parties to the Trust specifically the Trustee and Beneficiaries and understand how trust funds are being distributed. We identify any areas of concern and provide advice on any variations that are required to be made to ensure proper compliance of the Trust.

This will depend on the exact circumstances. The Trust can face financial and legal penalties for not following the Trust terms. The Trustee can also be held personally liable for any loss the Trust or its beneficiaries incur. This is why it is crucial to get legal advice.

There are many clauses and conditions in Lease documents that place obligation and liability on the tenant. Although you may understand the general terms of the Lease, it is crucial for your protection that you understand the legal obligations placed upon you, particularly if the landlord is requesting you sign a personal guarantee for the Lease.

Outgoings are the costs associated with a building or property such as insurance, water rates, council rates. Most outgoings can be passed onto the tenant to pay, but not all. Some Leases, albeit a few, do not impose an obligation on the tenant to pay outgoings. It is best to seek legal advice to understand what outgoings are payable.

A retail lease is a lease for a premises used predominantly for the sale and supply of goods and/or services. Most commercial leases are in fact retail leases. The Retail Leases Act 2003 (Vic) provides tenants with additional rights and protections that may not apply under a standard commercial lease.

Because the classification of a lease can significantly affect the rights and obligations of both landlords and tenants, it is important to obtain legal advice on the Lease so you are aware of your rights and obligations before you sign!

The short answer is “no, you don’t.” It is common for landlords to request you provide a personal guarantee for a commercial lease. A personal guarantee makes you personally responsible for certain obligations if the company fails to meet its obligations under the lease. It is however something that may be able to be negotiated with the Landlord.

Before signing a personal guarantee, it is important to speak to us so we can advise you on the risks and obligations that signed the personal guarantee places on you, before you sign it.

In short, no they are not. For Retail Leases, the outgoings payable must be included in a Disclosure Statement provided to the prospective tenant with an estimate of the total annual amount payable for each outgoing. If there are none listed, the tenant does not have to pay them. For commercial leases, outgoings payable can be negotiated. It is important to have the Lease and Disclosure Statement reviewed before you sign it so that you understand the total costs involved of the Lease.

The end of a lease does not always mean the tenancy simply ends. There may be obligations relating to make good, reinstatement works, removal of fixtures and returning the premises in the required condition.

Understanding these obligations early can help avoid costly disputes. Talk to us so we can advise you on your post-lease obligations. These obligation should be considered at the commencement of the Lease.

A landlord can generally only rely on a personal guarantee where the tenant has breached the lease and the requirements of the lease have not been satisfied, such as the tenant not remedying the breach.

Whether a guarantee can be enforced will depend on the wording of the lease, the guarantee and the circumstances of the alleged default. Talk to us today so we can help you better understand your options and obligations.

A Renewal of Lease is a formal document that contains details of the new Lease, where the original lease provided the tenant with one or more options for a further term.

A Variation of Lease is a document stating changes to a Lease that have been agreed between the landlord and the tenant. It is needed if any terms to the Lease need to change or have changed by agreement.

Things are always changing. Ensuring you have your Lease Renewal or Variation prepared or reviewed by a qualified property lawyer means that all key aspects of the Lease are thoroughly checked to ensure that any variation or renewal is still compliant or protects you as the Landlord or Tenant. For example, if a tenant company is de-registered, there is technically no legal tenant to recover unpaid rent from if payment is not made. A thorough lawyer will pick up on any issues like this that could put you as risk before it is too late.

Retirement Village contracts can involve a combination of legal agreements. Depending on the structure, you may be acquiring a strata title, entering into a lease-like agreement, or securing a licence to occupy. This means that you may not actually be purchasing a property title that you own and control.

Every retirement village will be different, and the various options carry different legal rights and obligations. Understanding exactly what you are signing is critical and not always clear from the documentation provided.

Obtaining legal advice will ensure that you fully understand your contractual obligations, understand what exactly it is that you are buying, identify hidden costs and risks that you may not foresee or can be hard to identify within the contracts, ensure you are aware of your rights so that you can make a confident and informed decision. Most importantly so we can check whether your ongoing contributions is legally protected.

Retirement Villages have a host of fees on top of the purchase or entry price that need to be considered and can be confusing to understand. Common fees that you will be liable for when entering into a Retirement Village include on-going maintenance and service fees, deferred management fees, exit fees and refurbishment fees. Obtaining advice on these costs before you purchase can assist you in making an informed decision so you don’t run into unexpected costs down the track.