Like many other lawyers, we get enquires regarding Bank Mortgages and Guarantees and the paperwork a borrower or guarantor needs to be completed with a lawyer, sometimes called a Solicitor Certificate. A lot of clients ring up and say “we just need to sign this in front of a lawyer- that’s what the bank told us- so …
Deceased Estate Elder Law Executors Wills
1 February 2017
How to contest a will
How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting. However, if you are an immediate family member you are entitled to a copy. If …
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Asset Protection Business Law Company trusts Wills
30 January 2017
What is a testamentary trust will and do I need one?
What is a testamentary trust will and do I need one? You’ve worked hard to build your wealth, and don’t want the assets to go to the tax man, or be collected by your beneficiaries’ creditors. Why have a testamentary trust in a will? You can spend a lifetime building an estate, so it is …
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Power of Attorney Probate Wills
13 January 2017
Myths about wills – Common misconceptions about wills
After 25 years of legal practice, we have come across a lot of myths about wills and common misconceptions that people have about Wills. Here are some of the common myths about wills we hear frequently. Myths about wills #1 – My wife and I can just make one “joint will” Many a couple will …
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Family Law
21 December 2016
Difference between annulment and divorce
Some of my clients who have separated a very short time after their wedding, ask about getting an annulment instead of divorce. It’s not as easy as some think. Difference between annulment and divorce A “decree of dissolution of marriage” is what is commonly known as divorce. A “decree of nullity” however is made if …
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Contract Law Conveyancing Discharge of Mortgage
16 December 2016
Digital Conveyancing – moving away from paper transactions to electronic conveyancing
The following update has been released from the Australian Institute of Conveyancers Victoria (some notable deadlines have been underlined). It details information on the move to digital conveyancing or electronic conveyancing in Victoria. Transitioning to 100% Digital Conveyancing As we have been saying for a couple of years, electronic conveyancing through an ELNO will supercede paper …
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Contact Discharge of Mortgage Mortgage
29 November 2016
Paperless titles are now available
If you own your property but it is subject to a registered mortgage, that title will automatically become an electronic title (or paperless title) controlled by the mortgagee (the bank). What happens to my title now it may go paperless? Even if you had paid off your mortgage but the title still remains secured by the …
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Binding Financial Agreement Contact Conveyancing Legal Practice Power of Attorney Property Settlement
25 November 2016
Who can prepare legal documents? The law on unqualified practice
What is an unqualified legal practice? Many people are not aware of this concept: that the preparation of most legal documents is not permitted to be done by another type of professional, only a qualified lawyer. And this is for good reason, as great damage an be done by allowing just any person to do legal work …
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Wills
25 November 2016
Life events triggering the need to amend your will
After a major event in your life it may be time to review your will. Events such as buying a home, divorcing, remarrying, having a new child, adopting a child, change of business structure, becoming self employed, selling major assets, or starting a self managed fund may not have been considered when you originally made your will. …
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Probate Wills
22 November 2016
Who can challenge a will?
In Victoria, it’s not just anyone can challenge a will if they were left out or didn’t get what they felt was a fair share in inheritance. You have to be an eligible person before you can challenge with such a claim. Only some classes of people related to the deceased can challenge unfair wills “eligible …
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