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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...
Will My Family Provision Claim Succeed in New South Wales? Key Factors for a Successful Family Provision Claim
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...
Common ‘Special Conditions’ in Property Contracts and What They Mean
Buying or selling a property is a big deal, and the contract of sale is the key legal document governing the transaction. 'Standard form contracts' with ‘standard conditions’ are commonly used for residential property sales across Australia, although these vary...
Due Diligence When Buying a Residential Property – What Does It Involve?
Buying a home is likely one of the largest financial transactions you will make. When you find the ‘right’ property, it's easy to get caught up in the whirlwind of excitement that comes with it. However, before signing a contract and committing to the deal, it is...
Company Directors and Conflicts of Interest
Company directors have a legal obligation to avoid conflicts of interest. Identifying and managing potential conflicts are essential steps for all company directors. When a conflict exists, a company director should seek professional advice from an experienced legal...
5 Estate Planning Tasks You Can Do Today
Estate planning is about taking control of your future and looking after yourself and your loved ones. It’s about protecting what you have, and planning for the inevitable, and the unforeseen. Many people put it off, thinking it’s only for the wealthy or elderly, but...
Appointing a Solicitor as Executor of Your Will
An executor is the person responsible for carrying out the instructions in your Will after you die. As your legal personal representative, the executor’s duties include identifying and protecting your assets, collecting and paying debts, applying for probate (if...
Commercial leasing tips for landlords – repairs, maintenance and make good provisions
If you own commercial premises that you rent out, a carefully drafted lease agreement is essential. Commercial lease agreements are usually prepared by the landlord (or their legal representative). This is an opportunity to ensure the lease is structured to protect...
Beyond the Basic Will: When You Need a More Complex Estate Plan
A Will is one of the most important documents you will ever sign. For many Australians, a simple Will, leaving everything outright to a spouse or dividing it equally among the children does the job adequately. It provides clarity and avoids the uncertainty of dying...
What is an ‘Interest’ in Property?
When discussing property law, the concept of an ‘interest’ is significant. An interest in property refers to a legal stake or other right that an individual or entity holds in a particular piece of real estate. This article explores the definition of property...