When making a will the testator (person who is making the will) must have the required mental capacity and intent. This is called testamentary capacity. If a testator does not have testamentary Continue Reading
What is intestacy?
The intestacy provisions of the Administration and Probate Act 1958 apply when a person dies without a valid will or leaves a will which does not effectively dispose/distribute the estate (wholly or Continue Reading
What is the difference between a conveyancer and solicitor?
In the process of buying/selling their new homes, many Australians are faced with the choice as to who they will appoint to do their conveyancing. One pivotal area of contention is the decision Continue Reading
What is VOI?
Verification of Identity commonly referred to as “VOI”, is an e-conveyancing compliance requirement necessary for buyers and sellers of property. We are required to formally establish the identity Continue Reading
What is a Section 173 agreement?
A Section 173 Agreement is a restriction placed on a piece of land, creating a contract between a landowner and the Council and is in accordance with Section 173 of the Planning and Environment Act Continue Reading
What is a default judgment?
A court can make a default judgment when a defendant does not respond to the claims made by the plaintiff. The plaintiff can make an application to to court anytime after the time limits for filing Continue Reading
What to do if you have been served a Statement of Claim in the Magistrates’ Court of Victoria
A Statement of Claim is an extremely important court document containing the plaintiff’s claim against you (the defendant). As a first step, you should read the Statement of Claim served upon you and Continue Reading
Dealing with Superannuation and Insurance Payments in your Will
Payments generated upon death from superannuation funds are not typically assets of a deceased person’s estate. They sit separate and apart and are dealt with by the trustee of the superannuation fund Continue Reading
What is a final inspection?
When purchasing a property, general condition 22 of the Contract of Sale states that you (or a person nominated by you) have the right to inspect the property at any reasonable time during the seven Continue Reading
When should you be updating your will?
A Will is a “living” document and should be reviewed regularly to ensure that it is up to date and remains consistent with your wishes. Typically, a Will should be reviewed every two or three years Continue Reading
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