Our Practice Areas
WILLS AND ESTATE PLANNING
The preparation and executing of an effective Last Will and Testament requires the assistance of an experienced lawyer. The content of the Will must address all the will makers intentions as to distribution of the estate after his or her death. To enable this the lawyer needs to obtain complete and thorough instructions and provide advice so as to ensure that when the Will is to be administered the will makers intentions are fulfilled.
There may also be other matters relating to estate planning which need to be addressed as part of the will making process. Again an experienced lawyer can assist with the same.
POWERS OF ATTORNEY
There are various types of Powers of Attorney available but the most commonly used are for Financial and Personal matters and also for Medical Treatment Decision making in relation to medical matters.
The making of a Power of attorney can only be made when a person has the required legal capacity to execute legal documents. As such the Power of Attorney can be prepared and executed at any time but only activated if and when the maker of the power of attorney loses capacity. This needs to be certified by a medical practitioner.
In executing a Power of Attorney you can select a person or persons you trust and who you believe would be capable to act as your attorney/s and, if necessary , include conditions as to their powers.
If a Power of Attorney is not in place and a person loses legal capacity the requirement under current legislation is for an interested family member or other person to make application to the Victorian Civil and Administrative Tribunal (VCAT) and any appointment by VCAT is subject to the authority of VCAT and State Trustees.
DECEASED ESTATE ADMINISTRATION
The prospect of being an executor and administering a deceased persons estate can be daunting to some persons as typically it is a task they may only deal with once in their life.
The administration of a deceased persons estate can range from being relatively easy and simple to complex dependent on the terms of the deceased persons Last Will and Testament and the nature and composition of the assets in the estate.
Engaging a lawyer to deal with the administration on behalf of the executor/s not only provides the executor/s with trouble free and stress free administration but also completion of the administration in a timely manner.
LITIGATION IN
DECEASED ESTATES
Pursuant to current Victorian legislation there is a class of persons referred to as “eligible “ who are entitled to contest a deceased persons Last Will and Testament if they have not been provided for in the Will or believe that inadequate provision has been made for them in the Will.
Such claims are ordinarily the subject of proceedings in either the Supreme Court of Victoria or the County Court of Victoria. Needles to say any legal proceedings in this area of law and in the Courts referred to require the services of an experienced lawyer.
PURCHASING OR SELLING
A BUSINESS
Whether you are a purchaser or vendor of a business it is important, if a purchaser , to have all matters relating to the purchase such as the proposed Contract of Sale, premises lease, any licences or permits, business names and any intellectual property thoroughly checked by a lawyer and being advised on the same.
If a vendor then the Contract can be prepared to ensure the vendors best interests are preserved.
In both cases once the Contract of Sale is executed by the parties it may be too late to negotiate any terms which may be the subject of one of the party’s wanting to re negotiate or include new terms.
LEASES OF COMMERCIAL AND RETAIL PREMISES
When entering into a lease of commercial or retail premises it is important that all aspects of the lease agreement and the tenants obligations to pay rent and outgoings pursuant to the lease are well known and understood from the outset. All conditions continue for the term of the lease and potentially any extension which could continue for some years..
If a landlord then the Lease needs to ensure that the landlord achieves the optimum rental return from the lease
It is important therefore that all lease documentation is carefully considered by a lawyer and thorough advice provided
PROPERTY TRANSFERS – CONVEYANCING
In most cases the purchase of a property is the most valuable asset a person will own so having all matters associated with the purchase is very important. If you engage a lawyer then you can be assured all aspects of the acquisition will be thoroughly checked including all title matters and planning and rate issues.
If you are a vendor it is imperative that all disclosure documents (Section 32 Vendor Statement) and Contract of Sale are properly prepared in order to not have any potential problems with the sale process.
AGED CARE LEGAL
Over recent years the principal of the firm has conducted a service to assist aged persons who may be in an aged care facility or intending to enter a facility with advice and assistance on the various matters which need to be addressed in the transition into aged care. The meetings required can be held at the persons home or at the aged care facility. The assistance extends to family members who in many cases also need some guidance.
We can also co ordinate with pension and financial planners to ensure that the best outcome is achieved.