I am seeing a lot more adult children excluded from benefiting from a parent’s will these days. According to the parents it is often for good reason. New legislation requires the Court deciding disputes over wills, to have regard to the deceased’s reasons for making the will, but in particular- if there is any evidence …
Divorce Wills
11 November 2016
The effects of divorce on a will?
According to the Victorian Wills Act 1997: (1) The divorce of a testator revokes— (a) any disposition to the divorced spouse of the testator, made in a will in existence at the time of the divorce; and (b) the grant of a power of appointment by the will exercisable by or in favour of the …
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Conveyancing
12 September 2016
Registrar’s requirements for paper conveyancing transactions
Changes at the Land Titles Office and documents for dealing with land The following are the requirements and dates on which the Registrar’s Requirements take effect. Read on to the end to see how it affects you when you buy or sell land or need to put a caveat on a property. 2016 March Discharges …
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Conveyancing
12 September 2016
Conveyancing restrictions
The following Rules of Professional Conduct for Licensed Conveyancers should be noted if you are using a conveyancer. 1. Conflicts of interest A licensee must not accept instructions to perform or continue to perform conveyancing work for a client if doing so would place the licensee’s interests in conflict with the client’s interests. 2. Acting …
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Wills estate administration Power of Attorney
5 September 2016
Wills, estates and powers of attorney
At our local Melbourne office of Rigoli Lawyers we are preparing wills and powers of attorneys all the time but it never ceases to amaze me how many people are doing their “own home job” wills and powers of attorney. While I can understand they want to save money, what is overlooked is the costs …
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Asset Protection Family Law Family Trusts Transfer of Land
31 August 2016
Binding financial agreements and prenups – are they actually enforceable?
Before the year 2000 you could not enforce Prenups or Financial Agreements made outside court – you simply couldn’t contract out of the Family Law Act entitlements. These days Binding Financial Agreements including Prenups are made all the time, and provided that they are prepared and executed properly and have compliant content, they are definitely enforceable. What …
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Conveyancing Discharge of Mortgage
31 August 2016
Changes to lodging mortgages and discharges of mortgage
The practice of providing a discharge of mortgage to the registered proprietor to lodge at Land Victoria is no longer allowed. A discharge of mortgage signed on or after 1 March 2016 must be lodged by or on behalf of the mortgagee. The only exception is where the discharge is to be lodged with a transfer …
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Leases Property
10 May 2016
6 questions you should ask about shopping centre leases
Are you entering into a shopping centre lease? Here are some critical questions to consider: What will be my level of competition in the shopping centre? Larger centres often have an over-supply of similar businesses. An accurate picture of your level of competition is necessary for survival. Is there clear identification of the space I’m …
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Asset Protection Bankruptcy Company Contact Contract Law Debt Recovery Joint Venture Personal Securities Property Refinancing
9 May 2016
Risks and legalities of lending money
You are not a bank but you decide to lend someone money….. There are a lot of families I see where they have lent a considerable amount of money to their adult working children with the expectation that it will be paid back, but there is nothing actual concrete to ensure it happens. The accountability …
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Contract Law Conveyancing Property Refinancing Transfer of Land
9 May 2016
What is Pexa electronic conveyancing?
PEXA is electronic conveyancing platform for use by conveyancers, lawyers, banks, purchasers and sellers of property. It replaces the traditional face to face conveyancing settlements. Apart from arranging settlements of purchases and sales, conveyancers and lawyers are now also able to lodge caveats using PEXA. The lodgement of the caveat is lodged directly on title in …
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