Relationship Property

While Sales and Purchase Agreements represent a simple concept, the purchaser agrees to buy a property and the vendor agrees to sell it, in practice they are complex. While most agreements are straightforward, when it goes wrong it can be difficult.  

Working with a lawyer is critical due diligence when purchasing property, and we work with clients throughout the process in both the residential and commercial markets. We bring our experience and in-depth knowledge of titles and contracts to make sure our clients understand what they are agreeing to and the implications of any covenants or easements.

Setting up a trust is an important tool to protect your property and your family. We work with clients to help them understand what a trust is, the benefits of setting one up, and to determine if a trust is right for their family. We also support them with the ongoing administration of the trust, ensuring it meets all legal requirements, and incorporate the trust into estate planning.

Having a will in place is essential for anyone who has assets or dependants. A will can be straightforward or highly complex to set up, depending on an individual or couples’ circumstances. We work with clients to have a will that meets their needs and is legally sound, and can also act as executor of the will.

Moving to a retirement village or into residential care is a significant transition. Buying into a retirement village has different legal requirements to buying other residential property, and the Retirement Villages Act requires purchasers to take legal consultation. 

An Occupation Rights Agreement (ORA), which could include a license to occupy, a unit title, cross lease, or lease for life, needs to be signed and a Disclosure Statement provided by the village. We review these documents for our clients and complete a certificate to confirm we have explained them and they have been understood before our client signs them.

This transition can also include a Sales and Purchase Agreement if a home is being sold to fund the move, wills, estate planning, and power of attorney. As a general legal practice, we are able to provide all these services for our clients. 

Power of Attorney gives the holder authority to make decisions regarding a persons’ property or personal care and welfare. We can establish either an Ordinary Power of Attorney (OPA) or Enduring Power of Attorney (EPA) for our clients.

Ordinary Power of Attorney is for a fixed term and specific purpose, such as managing a bank account or property while the owner is overseas. Enduring Power of Attorney only comes into effect if a person becomes unable to make decisions for themselves, or unable to communicate those decisions.

When we are informed our client has passed away, the estate administration process begins. It is completed when everything has been distributed to the beneficiaries. Depending on the complexity of the estate, this process can take between six months to a year, and occasionally even longer.

When we administer or manage an estate, we are carrying out our client’s wishes, as dictated by their will. We obtain legal authority to act on their behalf, and work to make the process as efficient and smooth as possible.