Service Archive | Beaumaris Lawyers and Conveyancers

Retirement Living and Aged Care arrangements

blc_admin — Mon, 08 Jan 2024 03:13:30 +0000

Entering into retirement living arrangements can often be confusing and families have many questions regarding the costs involved and services to be provided.

We have extensive experience in reviewing the various models of retirement living agreements. We look forward to helping you navigate the process and personal issues involved. We read through the agreements and provide you with a comprehensive summary of the terms involved, firstly as to the costs payable and services which will be available to you, and secondly as to the amount you will be refunded when you cease residing at the complex.

When considering such a move, it is timely that you consider and review your Will and Powers of Attorney. We offer advice as to estate planning (i.e. wills, and power of attorney documents), ensuring that your wishes are clearly documented and legally enforceable.

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Bank Guarantees

blc_admin — Sun, 07 Jan 2024 07:13:57 +0000

A bank guarantee means that if someone else (like a borrower) does not pay back their debt, you, as the guarantor, will be responsible for paying it. This includes not only the debt itself but also any interest and other costs. In other words, if the borrower can’t pay, you will step in and cover the amount owed.

Bank guarantees are often used when buying a business, equipment, or property, such as helping your children get a home loan (often called the “mum and dad bank”). While these arrangements are becoming more popular, they do come with significant risks. The Lender wants to ensure that any guarantor is aware of the implications of the document they are signing and, for this, they will often require a Solicitors’ Certificate confirming same.

Beaumaris Lawyers and Conveyancers frequently provide fixed-price Solicitors’ Certificates for bank guarantees, ensuring a quick and straightforward process at a competitive cost. We will explain the terms of the document and what it may mean to you as a guarantor.

What is a bank guarantor?

A bank guarantor is a person or entity (like a bank) that promises to pay a debt or fulfill an obligation if the borrower (the person or business taking the loan or credit) fails to do so.

Here’s what a guarantor does:

Provides Assurance: The guarantor acts as a backup or safety net for the lender. If the borrower cannot repay the loan or meet the terms of an agreement, the guarantor is legally obligated to step in and pay the debt or cover the costs.
Increases Trust: Having a guarantor makes it more likely for the lender to approve a loan or extend credit, as it reduces their risk. It shows that someone else trusts the borrower enough to take responsibility if things go wrong.
Types of Guarantors:
- Personal Guarantor: An individual, such as a friend or family member, who agrees to take on this responsibility.
- Bank Guarantor: A financial institution that provides a formal guarantee, often used in business transactions.

In essence, a guarantor provides a level of security to the lender, ensuring that the debt will be paid, one way or another.

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Retail and Commercial Leases

blc_admin — Sat, 06 Jan 2024 03:16:11 +0000

Retail and commercial leases are legal agreements between a landlord and a tenant for renting a property used for business purposes.

Retail Lease: This is a lease for premises used specifically for retail businesses, such as shops, cafes, or salons. It often includes terms that protect smaller businesses, like limitations on rent increases or specific rules about the landlord’s responsibilities. Over the past few years many businesses that were otherwise thought to be non-retail have now been brought under the Retail Leases umbrella. This is particularly important when considering the increases in State Land Tax, as retail tenants are not required to reimburse landlords for land tax. Landlords of incorrectly categorised retail leases, may find that land tax paid by the tenants must be refunded many years later
Commercial Lease: This covers a broader range of business uses, such as offices, warehouses, or industrial spaces. The terms can be more flexible and are often negotiated based on the type of business and the property.

Both types of leases outline the rights and responsibilities of both parties, including rent, duration, maintenance, and use of the property. Getting legal advice is important to ensure the lease terms are compliant with legislation, enforceable, fair and meet your business needs.

With our extensive experience in commercial and retail leasing, we can help guide you through this complex area before signing a lease. We can assist with:

Drafting and reviewing leases
Subletting premises
Resolving tenant disputes
Advising on tenant and landlord rights

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Business and Commercial Law

blc_admin — Fri, 05 Jan 2024 03:11:23 +0000

Business and commercial law covers all the rules and regulations that affect businesses, from setting up a new company to dealing with contracts, property, employment issues, and leases.

Engaging with a solicitor is important to assist you in understanding these rules, avoid potential legal problems, and protect your business from risks. A solicitor can guide you through drafting agreements, resolving conflicts, handling negotiations, and ensuring that your business complies with all legal requirements. By working with a solicitor, you can ensure you fully understand the steps you need to take to ensure your business stays legally compliant and reduce (where possible) your personal exposure to risk.

Beaumaris Law has extensive experience in:

Commercial agreements
Business partnership agreements
Employment law
Commercial and retail leases
Sale and purchase of businesses
Advising on asset protection
Succession planning

Let us help you get your business running up quicker and legally protected today. Contact us today.

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Conveyancing & Real Estate

blc_admin — Thu, 04 Jan 2024 02:35:11 +0000

Conveyancing is the legal process of transferring ownership of property or land from one person to another. It involves several steps to ensure that the buyer receives the property without any legal issues and that all conditions of the sale are met.

We understand that purchasing or selling a property can be stressful and aim to guide our clients in navigating this process.

With over 20 years of experience, we offer efficient and reliable conveyancing services for buying or selling property throughout Victoria and our clients range from first-time home buyers and investors to property developers.

Conveyancing typically includes:

Preparing and Reviewing Contracts: Drafting and examining the sale contract to make sure it covers all important details, such as the property’s condition, price, and settlement date before you sign.
Conducting Searches: Performing searches on the property to check for any legal restrictions, unpaid debts, or issues like boundary disputes, zoning restrictions, or environmental concerns.
Arranging for Financial Settlement: Coordinating with the buyer’s and seller’s banks to manage the transfer of funds, including any mortgage arrangements or outstanding loans on the property.
Finalizing the Transfer of Ownership: Preparing and lodging the necessary legal documents with the relevant government authority to officially transfer the property’s title to the new owner. Advising rating authorities such as council and water of the change of ownership.
Completing Settlement: Ensuring that all payments are made, documents are signed, and keys are handed over, completing the transaction.

Conveyancing is crucial because it helps protect both the buyer and the seller from potential legal problems, ensuring that the property transfer is smooth, valid, and binding.

At Beaumaris Lawyers and Conveyancers, we can assist with all of the above plus:

Managing commercial and retail leases
Answering auction queries
Overseeing property developments and subdivisions

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Contesting a Will

blc_admin — Wed, 03 Jan 2024 07:08:33 +0000

Contesting a Will in Victoria refers to making a Testator’s Family Provision Claim (“TFM Claim”) against a Deceased Estate.

On 1 January 2015, changes were made to the Victorian legislation in relation to persons who may be entitled to bring a TFM claim. The changes apply to estates where the Deceased died on or after this date.

In Victoria, you may contest a Will if:

You are an Eligible Applicant; and
You have been left without adequate provision, proper maintenance and support. The Court considers a number of factors when ascertaining whether an estate has made adequate provision and whether the deceased had an obligation to you. (See What Does the Court Consider When Making a Claim). Each scenario differs and we recommend that you call us for a free case assessment.

A TFM Claim can be brought in Victoria if:

1. The Deceased was domiciled in Victoria at the date of death.
2. The Deceased owned real and personal property in Victoria at the date of their death.
3. The person bringing a TFM claim is an Eligible Applicant, as defined under Section 90 of the Administration and Probate Act 1958 (VIC).
4. A Grant of Representation (Grant of Probate or Grant of Letters of Administration) has been obtained.
A TFM claim needs to be filed with the Court within 6 months from the date on which probate has been granted to the Executor(s) of an estate. Sometimes the Court will allow for late filing of a claim however special leave to do so from the Supreme Court is required.

Section 90 of the Administration and Probate Act 1958 (VIC) provides the following definition of an Eligible Person in relation to commencing a TFM claim:

Spouse or Domestic Partner at the time of death.
Former Spouse or Domestic Partner as at the date of death who was able to take proceedings against the deceased under the Family Law Act and who did not take such proceedings and was prevented by the death of the deceased from taking them, or who did take proceedings and could not finalise them because of the death of the deceased.
A Registered Caring Partner. A carer can only bring a claim if they are in a “registered caring relationship” as defined under the Family Law Act 1975 and that the relationship was with the deceased. A relationship of this nature must not be for a “fee or reward” and between two people who are not a couple or married to each other. The key issue is that the relationship must be registered, and that person was wholly or partly dependant on the deceased for their proper maintenance and support.
A grandchild of the deceased who was wholly or partly dependant on the deceased for their proper maintenance and support.
A member of the deceased’ s household who was wholly or partly dependant on the deceased for their proper maintenance and support
Children are defined as:
- Under 18 years of age; or
- Was a full-time student aged between 18 and 25; or
- Has a disability (as defined in Section 90 of the Administration and Probate Act).
- A stepchild, or adopted child of the deceased, subject to the categories listed above.
- An adult child who has difficulty supporting their own financial needs or has medical need. The adult child claimant must demonstrate the degree to which he or she is not capable by reasonable means of adequately providing for their own proper maintenance and support.
- A “believing child” This is where the child was treated by the deceased as a natural child and the chid believed the deceased was their parent.

Persons who do not fall under the “eligible person” criteria include, but are not limited to, nieces nephews, cousins, siblings and house mates.

Some claims can settle without protracted legal proceedings, simply via negotiation with the Estate. Alternatively, we can commence court proceedings on your behalf if pre-litigation negotiation cannot achieve a settlement.

Contesting a Will can be a complex and emotionally challenging process, often requiring legal advice and representation to navigate the court system and resolve the dispute.

If you are considering making a claim for further provision from a deceased estate, or are not sure whether you are an eligible person to make a claim, you should act immediately and contact our office to speak to one of our lawyers to assess the merits of your case.

CHALLENGING THE VALIDITY OF A WILL

Challenging the Validity of a Will means you are a person with an interest in a deceased estate and have standing to bring a challenge if you believe the Will is invalid. This typically occurs when someone believes that the Will does not accurately reflect the deceased person’s wishes or that there were issues with how the Will was made.

Common reasons for contesting a Will include:

Lack of Capacity: Claiming that the deceased did not have the testamentary capacity to make a valid Will at the time it was created.
Undue Influence: Arguing that the deceased was pressured or manipulated by someone else to make or change the Will in a way that does not reflect their true intentions.
Improper Execution: Asserting that the Will was not signed or witnessed correctly according to legal requirements, making it invalid.
Fraud: Claiming that the Will was forged or that the deceased was deceived into signing a Will under false pretenses.
Family Provision Claims: In some jurisdictions, family members or dependents who feel they were unfairly left out or inadequately provided for may challenge the Will to seek a larger share of the estate.

If you believe the Will is invalid, then a Probate Caveat should firstly be lodged to put the Court on alert that something is “wrong” with the Will and stop any Grant of Representation being made. The Probate Caveat will stall the probate process until the Court hears from the Caveator and the Executor as to the validity of the Will. A hearing will take place and the Court will make a decision based on the facts presented to it as to whether the Will is valid or not.

Please contact our office to book an appointment to discuss challenging the validity of a Will today.

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Probate

blc_admin — Tue, 02 Jan 2024 03:07:59 +0000

Probate (also referred to as a Grant of Representation) is the legal process that takes place after someone who holds assets dies to ensure their assets are properly distributed according to their Will (if they have one) or by the laws of the Intestacy (if there is no Will).

Here’s what Probate involves:

Validating the Will: If there is a Will, the court checks to ensure it is legally valid and complies with the Wills Act.
Executor’s Role: The Executor/s named in the Will (or an Administrator if there is no Will) is officially appointed by the Supreme Court of Victoria to manage and administer the deceased’s estate. This person is responsible for calling in all assets, paying any debts or liabilities, and distributing the remaining assets to the beneficiaries in accordance with the terms of the Will.
Inventory of the Estate: The Executor identifies all the assets (e.g. property, share portfolios, motor vehicles, bank accounts, and personal belongings (including household chattels)) and liabilities of the deceased.
Paying Debts and Taxes: Before the Estate is distributed to beneficiaries, any outstanding debts, loans, taxes, and final expenses must be paid.
Distributing the Remaining Assets: Once all debts and taxes are settled, the Executor can distribute the remaining assets according to the Will or Intestacy laws.

Probate can be a lengthy and complicated process, especially if the estate is large or there are disputes among beneficiaries. Having a valid Will and working with an experienced legal professional can help make the probate process smoother and ensure the deceased’s wishes are fulfilled.

At Beaumaris Lawyers & Conveyancers, we compassionately and efficiently deal with Deceased Estates, making the process as smooth as possible for everyone involved.

From mountains of paperwork to legal jargon, these are the last things you want to deal with when you are grieving the loss of someone important in your life.

So, let us help you by:

Interpreting the Will
Guiding Executors and Trustees in regard to their duties and obligations
Informing government bodies including Centrelink, the Australian Taxation Office and Veterans Affairs
Applying for Probate of the Will in the Supreme Court
Dealing with Intestacy (where there is no Will)
Applying for Letters of Administration (if there is no Will) in the Supreme Court
Identifying estate assets and liabilities
Obtaining valuations of estate property and other items of value
Selling or transferring estate property
Paying estate debts
Administering trust funds
Distributing bequests and inheritances to beneficiaries
Preparing Deeds of Family Arrangement if there is a distribution variation to the Will
Assisting with information for estate tax returns
Contesting Wills and defending any estate litigation brought against the Estate

For more information or to arrange an appointment contact us today.

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Estate Planning – Wills, Trusts and Powers of Attorney

blc_admin — Mon, 01 Jan 2024 03:14:41 +0000

Estate planning is the process of arranging and managing your assets and affairs so that they are distributed according to your wishes after you pass away or if you become unable to manage them yourself.

Here’s what estate planning typically involves:

Creating a Will: A legal document that outlines how you want your assets (like property, money, and possessions) to be distributed after your death. It can also name guardians for any minor children.
Setting Up Trusts: Legal arrangements that allow a third party (a trustee) to hold and manage assets on behalf of beneficiaries. Trusts can help minimize taxes, provide for minor children, disabled beneficiaries or protect assets from creditors.
Designating Beneficiaries: Specifying who will receive benefits from accounts such as life insurance, superannuation, retirement plans, and bank accounts.
Power of Attorney (Financial & Personal Services): Appointing someone to make legal financial and personal decisions regarding your finances and lifestyle on your behalf if you become unable to do so.
Appointment of Medical Treatment Decision Maker Form: Appointing someone to make medical decisions on your behalf or receive medical updates if you become ill and unable to communicate or make these decisions.
Advance Care Directives: These are completed with your treating medical doctor and assisting with planning for your future care such as recording your values and preferences for your medical treatment and make legally binding statements to your health practitioners in relation to your consent, refusal or specific future medical treatment.
Minimizing Taxes and Expenses: Planning to reduce estate taxes, legal costs, and other expenses to maximize what your beneficiaries receive.
Organizing Assets: Compiling a comprehensive list of assets, debts, and important documents so your estate can be settled smoothly.

Estate planning assists with ensuring your assets are distributed according to your wishes, provides financial security for your loved ones, and reduces potential conflicts or confusion after you’re gone. It’s important to update your estate plan regularly, especially after major life events like marriage, divorce, business investments, increase or decrease in assets or the birth of a child.

At Beaumaris Lawyers & Conveyancers, we have a compassionate approach towards our clients and we can provide expert advice in relation to your Will and other Estate planning documents which is undeniably the most important documents in your life. Contact us to find out more or to arrange a consultation with one of our lawyers.

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