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Beyond the Basic Will: When You Need a More Complex Estate Plan
A Will is one of the most important documents you will ever sign. For many Australians, a simple Will, leaving everything outright to a spouse or dividing it equally among the children does the job adequately. It provides clarity and avoids the uncertainty of dying...
Severing a Joint Tenancy: What You Need to Know
A joint tenancy is a common way for two or more people to own property together in Australia, particularly for married couples or domestic partners. However, life changes and sometimes what made sense at the start no longer does. This can lead to a situation where one...
Buying Property Off the Plan
Buying ‘off the plan’ generally means purchasing a property that is not yet built. It might also involve buying a vacant lot in a planned subdivision. Unlike buying an existing property, a purchaser’s decision is based on plans and designs as opposed to a finished...
5 Estate Planning Tasks You Can Do Today
Estate planning is about taking control of your future and looking after yourself and your loved ones. It’s about protecting what you have, and planning for the inevitable, and the unforeseen. Many people put it off, thinking...
Understanding Consumer Guarantees under Australian Consumer Law
Among other protections, the Australian Consumer Law (ACL) establishes a national framework of consumer guarantees that businesses cannot contract out of. Generally, businesses must guarantee products and services for sale, hire, or lease where the cost is less than...
Understanding Share Sale Agreements
Understanding share sale agreements is essential for corporate clients who navigate the sale of shares in Australian businesses. Investors and entrepreneurs should familiarise themselves with typical provisions found in share sale agreements and know important...
Married overseas? Here’s why you need a Will.
We recently assisted a client whose spouse passed away without a Will. Despite being married for over 50 years, the Court questioned the legitimacy of their relationship due to the absence of a formal marriage certificate. Back in the day, in some countries, official...
What Happens After Probate Is Granted NSW?
Probate is a grant from the Supreme Court of New South Wales that confirms the Will is valid and authorises the executor to manage and distribute the estate. Most applications are filed through the NSW Online Registry. If the application is lodged more than six months...
Can an Enduring Power of Attorney Change a Will in NSW?
Short answer: No. An Enduring Power of Attorney (EPOA) lets someone make legal and financial decisions for you during your lifetime. It cannot make, change, or revoke your Will. Only you can change your Will if you have testamentary capacity. In rare cases, the...
Stamp Duty on Commercial Property Transfers Involving SMSF
Are you thinking about transferring a property you own into your Self Managed Super Fund (SMSF)? NSW offers fixed transfer duty (formerly stamp duty) when strict rules are met. In many cases the fixed duty is $750. This can save...