SOLICITORS

Conveyancing

Conveyancing is the transfer of the legal title of property from one person/entity to another. For most people their home is their biggest and most valuable asset. Conveyancing is a vitally important process and careful consideration must be given to all areas of the transaction

We are able to provide you with legal advice in all aspects of buying, selling and leasing property. Our Conveyancing team has many years of experience and strive to ensure that your transaction runs smoothly and is cost effective.

 

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Wills, Powers of Attorney and Enduring Guardianships

A Will is a legal document that clearly sets out your wishes for the distribution of your assets after your death. Having a clear, legally valid and up-to-date Will is the best way to ensure that your assets are protected and distributed according to your wishes. A Will is probably the most important document you will ever sign.

Please see our attached brochure for further information on making the right decisions about who to appoint as your Power of Attorney or as your Guardian.

 

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Probates and Estates

When someone dies a number of steps must occur to administer their estate such as gathering the assets of the estate, paying out all liabilities and transferring the real estate and other assets to the beneficiaries.

A grant of Probate or Letters of Administration from the Supreme Court is usually required to allow the executor named in the will or the administrator to deal with all of the assets and the liabilities of the estate where a deceased left a valid will.

Since circumstances vary for every estate, you should seek legal advice from a Solicitor to determine whether it is necessary to apply for and obtain a grant of Probate of the will of deceased, or if there is no will, a grant of Letters of Administration.

 

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Family Provision Act Claims

Have you been left out of a will?

The law recognises that on occasions persons who would ordinarily be a beneficiary under a will may either not be provided for or may be inadequately provided for.

The Succession Act NSW at Section 57 defines the eligible persons who may make an application to the Court for a Family Provision order which is an order adjusting the interests that are created by a will.  These persons include:

• The wife or husband of the deceased at the time of the deceased’s death;

• A person with whom the deceased was living in a de facto relationship at the time of the deceased person’s death;

• A child of the deceased;

• A former wife or husband of the deceased;

• A person who was at any particular time:

• Wholly or partly dependent on the deceased;

• Who is a grandchild of the deceased or was at that particular time or at any other time a member of the household of which the deceased was a member

• A person with whom the deceased was living in a close personal relationship at the time of the deceased persons death.

• An application for a Family Provision order by an eligible person can be made at any time within 12 months after the date of death of the deceased person.

• A Family Provision Order may be made if the Court is satisfied that the person seeking the order is an eligible person and has not received provision for the proper maintenance, education or advancement in life by the will of the deceased or in the event that there is no will, by the operation of the rules of intestacy in relation to the Estate.

 

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Court matters and Criminal Law

Going to Court can be stressful for those affected and their families. It is not to be taken lightly. Our clients come to us with a range of court matters from civil, criminal, traffic offences, wills/estate disputes, debt collection and employment disputes.

We will assist you at all stages of the legal process, from your first contact with the police through to the hearing of your case.

We will take the time to properly explain the court process and answer all your questions.

We focus on resolving our clients problems in the most effective and cost efficient manner. We have great deal of experience in resolution of conflict issues whether by mediation, conferencing or court action.

I have to go to Court. Do I need a reference?

A reference is certainly beneficial in most court matters. A guideline as to what should be included in a reference is as follows:

• Your full name and occupation or your standing in the community. If you are in business or have a letterhead, please use it.

• A brief paragraph setting out your own background;

• Details of how long you have known the person and under what circumstances;

• Indicate that you are aware of the charge(s), the nature of the charge and the requirement to appear in Court.

• Comment on any expressions or signs of remorse or regret by the offender, and whether the offender appears to have “learnt a lesson” from the event.

• Any additional comments you can make about the person and the circumstances under which they have dealt with you which allow you to make comments about their character; and

• Details of any other positive attributes you feel the person has – including any community contributions made, if any;

• You should ensure the reference is signed and dated.

Also note the following:

• The reference should be addressed to “The Presiding Magistrate”, but do not post it to the court, hand it to the person referred to.

• The reference should not normally extend beyond one page.

• The reference should be formulated in your own words.

• It is preferable that the reference is typed or if this is not possible in clear, legible hand writing.

The reference should not ask for any particular outcome.

Should you have any queries regarding preparation of the reference please do not hesitate to contact us.

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