Property & Estates

Building & Construction Law 13/06/2019 by Fiona Collins

Upcoming Amendments to Security of Payment Laws in NSW

On 21 November the NSW Government passed the Building and Construction Industry Security of Payment Bill 2018 (“the Amendment Act”). A commencement date for the Amendment Act as not yet been declared although it has since been indicated that the amendments will be introduced progressively based on the need for subordinate legislation and the preparation […]

Advanced Estate Planning 29/08/2018 by Rebecca Wosman

Former Spouses & Family Feuds: What happens when you die without a Will.

These days everyone seems to be affected by family breakdown in some way or another. With families becoming increasingly complex everyone should have a Will – even the young and invincible! Have you ever considered in whose hands your hard-earned wealth will end up if you die without a Will? In New South Wales the […]

Property & Estates 14/02/2018 by Rebecca Wosman

Do you Own or Lease Commercial or Retail Premises?

Get timely reminders of your rights and obligations under your Leases and the Retail Leases Act. What You Get We offer a complimentary service for Lessors and Lessees of commercial and retail premises providing timely reminders of: The annual review of rent, where applicable, Lessee’s rights in relation to the exercise of options to renew […]

Building & Construction Law 13/02/2017 by Sam Roberts

Commercial & Retail Fitouts. How you could find yourself out of business before you even begin.

The tips in this article are intended for business owners planning to fit out commercial or retail premises and Landlords of premises leased to such businesses. Briefly, the relevance for the Landlord is simply that: if their Tenant gets caught out they may become insolvent and unable to pay rent before the Lease even begins, […]

Property & Estates 13/02/2017 by Matthew Bryan

Testamentary Capacity. When does a person lack the ability to make a valid Will?

What is “testamentary capacity”? The legal test for assessing testamentary capacity was outlined almost 150 years ago in a case called Banks v Goodfellow (1870) LR QB 549. The test has four (4) aspects to it, namely: 1. That the willmaker understands the nature of the act of making a Will and its effects, 2. […]

Property & Estates 20/01/2017 by Matthew Bryan

Blended Family Will Disputes, recent Supreme Court decision provides fresh insight

Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person […]

Property & Estates 11/08/2016 by Sam Roberts

How to Bulletproof a Will from Family Provision Claims

Recently SBS Insight addressed the topic of “Making a Will”.  The programme explored how the family provision laws under the Succession Act 2006 (NSW) enables a Court to effectively rewrite a person’s Will where it is found that an inadequate provision has been made for an eligible person. Two (2) of the guests that were […]

Property & Estates 10/08/2016 by Anna Roberts

When to Review your Estate Planning

It is important that you keep your Estate Planning up-to-date as your circumstances change and that you are confident that nothing has been overlooked. To help you better undertand the issues relevant to Advanced Estate Planning, in 2016 we released “Advanced Estate Planning – Simple Legal Solutions“. This Guide deals with the following common Estate Planning […]

Property & Estates 4/08/2016 by Anna Roberts

Helping Your Children – Loan or Gift? – Simple Legal Solutions

Andrew has recently started his own business. Andrew has incorporated a company of which he is the sole director and entered into a number of contracts with suppliers. As the director Andrew has also signed a number of personal guarantees. Andrew’s father Mark wants to help Andrew out with his new business venture and has […]

Property & Estates 4/08/2016 by Anna Roberts

Balancing Competing Interests of your Children and a Second Spouse in the Family Home

John and Jane are in their 60s and have been in a de facto relationship for 10 years. They have both been married previously and each have adult children from a previous relationship. John entered the relationship with significantly more assets than Jane, including the home they now live in. John wants to ensure that […]

Property & Estates 4/08/2016 by Anna Roberts

Generation Planning: Protect Your Inheritance – Simple Legal Solutions

Sue is married with two (2) adult children and a grandchild on the way. Sue operates a small business as a sole trader. Sue is an only child and expects that she will soon receive a substantial inheritance from her elderly mother. Sue seeks legal advice as to what she should do to ensure her […]

Property & Estates 29/07/2016 by Anna Roberts

Providing for Your Second Spouse After Your Death – Simple Legal Solutions

With the aging population and the number of blended families and second spouses on the rise it is increasingly important that your Estate Plan effectively addresses the competing interests of your children and a second spouse. Life Interests or Rights of Residence created in a Will are common parts of many Estate Plans when there […]

Property & Estates 9/06/2016 by Rebecca Wosman

Disaster mid-way through the purchase of Property.

If you have exchanged contracts to purchase a new property and a disaster occurs destroying or damaging the dwelling you intended to purchase you will need to be aware of your rights under the contract. When selling a residential property, the risk associated with that property does not pass to the buyer until completion of […]

Property & Estates 23/10/2013 by Rebecca Wosman

Why Use a Solicitor for your Conveyancing

Solicitors Vs Conveyancers The conveyancing industry is now a highly competitive market. While the prices for performing conveyancing work used to be regulated, once that regulation was abolished, the increased presence of Conveyancers and the continued undercutting of competitors’ prices has resulted in the widespread undervaluing of an important legal service which requires a considerable […]

Property & Estates 15/10/2013 by Rebecca Wosman

‘Caveat Emptor’ & Pre-Purchase Inspections

The Latin concept of “Caveat Emptor” is commonly used in the context of legal property transfers and translates to “Buyer Beware”. Buyer Beware Under general law, a Seller of land is under no obligation to disclose to a Buyer any defects in the property or Title other than latent defects in Title. Latent defects in […]

Property & Estates 15/10/2013 by Rebecca Wosman

Avoiding being Gazumped

What is Gazumping? Gazumping is when you have a verbal agreement with an Agent or Seller to buy a property at an agreed price but the property is not sold to you in the end. This usually happens when the Seller has decided to sell the property to someone else, usually for a higher amount. […]

Property & Estates 15/10/2013 by Rebecca Wosman

Preparing for an Auction

The sale of a property by auction refers to a process of marketing a property to prospective Buyers to be sold on a particular date to the person willing to pay the highest price for the property provided that that price is greater than the owner’s reserve price. Preparing for an Auction If you are […]

Property & Estates 14/10/2013 by Rebecca Wosman

How Should You Own Property? – Asset Structuring

An important preliminary step in buying a property is deciding how you want to own the property. Why Now? If you neglect to consider the structure of your ownership of a property at an early stage you may find that it is too late to change later and encounter delays and/or additional costs. For example, […]