News
Penalty Clauses in Contracts – Are They Enforceable?
A penalty clause is a term in a contract that imposes a penalty on a party that breaches a contractual obligation. It is important to know that penalty clauses are generally unenforceable under Australian law. However, it can sometimes be difficult to distinguish...
Why Business Co-Owners Need a Partnership Agreement NSW
Going into business with like-minded entrepreneurs is an exciting step. However, even the strongest partnerships can fall apart if roles, responsibilities and expectations are not clearly defined from the start. For business co-owners, a partnership agreement is...
Do we have an agreement? Contract law 101
A contract is a legally binding agreement between one or more parties. These agreements set out the terms and conditions of a transaction. If a contract is properly formed, then its terms can be enforced by a court. However, not every document that is called a...
An Executor’s Guide: What to Do When a Loved One Dies
Being an executor is a big responsibility, especially while dealing with the loss of a loved one. An executor is the person named in a Will to manage a deceased person's estate (property, finances, etc.) and carry out their final wishes. The role entails important...
Buying and Selling Property “Subject to Probate”
When it comes to property transactions, you might occasionally come across a listing or a contract that mentions “subject to probate”. Buying a property subject to probate means that the property is part of a deceased estate, and it introduces a unique set of...
Will My Family Provision Claim Succeed in New South Wales?
Being left out of a loved one's Will or receiving less than expected can be emotionally devastating and financially concerning. Fortunately, in New South Wales, an eligible person can make a Family Provision Claim to the Supreme Court if they believe the Will has not...
Overseas Estate Assets? How do I deal with them?
If you are administering an estate with assets overseas, obtaining a grant of probate or letters of administration in Australia may not be enough to access those assets. Banks, courts, superannuation funds and other overseas authorities will often require a legalised...
I am in a blended family. How do I protect my children?
A blended family is one where one or both partners have children from a previous relationship. While many people intend to provide for both their spouse and their children, standard estate planning does not always achieve this outcome. A common estate planning...
I Don’t Want Anything! – Can You Disclaim an Inheritance?
You may be entitled to an inheritance, under a will or in some other way. What many people don’t realise is that you do not have to accept it. There are many reasons why someone may choose not to receive an inheritance. Below, we outline some of the common reasons...
What Is a Heads of Agreement and Are They Legally Binding?
A “Heads of Agreement” is one of those legal terms that you may come across for the first time and find yourself doing a quick Google search. To make things more confusing, the term is sometimes used interchangeably with terms such as “Letters of Intent” or...