Legal Services

Separation is a very difficult and emotional time for you, your partner and the children. There are many challenges such as living arrangements for the children and how property is to be divided. We can help you understand your legal rights and responsibilities and explain how the law applies to you. We can assist with mediation, formulating agreements or court applications depending on your circumstances.

Please contact us to discuss your needs.

Buying or selling residential property will be one of the most important financial transactions you make. To avoid problems and unexpected costs it is a good idea to seek legal advice before you sign a contract for sale or purchase.

Conveyancing is the term used to describe the transfer of ownership between seller and buyer. As each property is different, so is each conveyance. We can advise you on the need for special conditions and can attend to any searches required.

Please contact us to discuss your needs.

Wills

A Will is a legal document which, as far as possible, ensures your assets are distributed in accordance with your wishes after your death.

In your will you appoint an executor to administer your estate and distribute your assets to the beneficiaries named in the will.

Your will can cover all assets in your own name such as your house, car, shares and bank accounts. It does not however generally include life policies or superannuation.

You may also wish to appoint a guardian for your children in your will.

Please contact us to discuss your needs.

Enduring Powers of attorney

Anyone over 18 is able to make an Enduring Power of Attorney (EPA) appointing someone to act on their behalf in relation to financial, personal or health matters. An EPA for financial matters can come into effect either immediately, when you lose capacity, or on a specified date or event occurring. The power given to the Attorney under the EPA continues to be effective until your death, unless it is earlier revoked. Events which will revoke an EPA are:-

• If you marry, unless your new spouse is your existing attorney;
• If you divorce, if your attorney was your spouse;
• If you appoint a new attorney;
• If your attorney dies or loses decision making capacity;
• If your attorney becomes bankrupt;
• If your attorney becomes your paid health care provider.

It is also possible to make an advanced health directive setting out your wishes concerning various medical procedures in the event that you are unable to make decisions for yourself. Your doctor is also involved in assisting and advising you in this process.

Please contact us to discuss your needs.

We understand that losing a loved one is a very challenging emotional time. There are many things to think about and administering the estate of the deceased must be considered.

If you are appointed as Executor of the Will you are responsible for many things including the following:-

• Protecting the assets of the estate;
• Identifying estate assets and liabilities;
• Obtaining valuations of property
• Applying for a Grant of Probate when required;
• Collecting estate assets and paying debts;
• Selling or transferring estate assets;
• Distributing estate between beneficiaries entitled.

We can help you with any aspect of administering the estate, whether or not there is a Will.

Please contact us to discuss your needs.

There are many issues associated with buying a business. Before signing the contract the following are some of the matters which should be considered:-

• What structure to use – sole owner, partnership, company or trust?
• Is the name of the business included in the sale?
• The value of stock and fixtures and fittings.
• Business premises – lease or ownership.
• Is there goodwill included in the price?
• What licences and permits are required?
• Will existing employees be retained?
• Is there need for training?
• What access is there to client lists and records?
• Can the seller set up a competing business after the sale?

Please contact us to discuss your needs before signing a contract.

Once a suitable location for your business has been found, to ensure security of tenure you may wish to enter into a lease for a term of years. A lease is a contract between you and the Landlord setting out all the rights and obligations associated with taking possession of the property. Commonly commercial leases are for a term of 3 to 5 years although they can be for shorter or longer terms. They also often have option periods allowing the tenant to extend the term provided they have paid the rent and complied with all their obligations.

There are many things to consider when entering into a commercial lease. Please contact us to discuss your needs.

Please visit the Mediation Solutions page for information.