When a person dies, the named executor (or executors) of the Will steps in to deal with the administration of the estate. The executor’s responsibilities generally include collecting and valuing assets, arranging the funeral, applying for probate, and distributing the remainder of the estate in accordance with the Will. The following provides an overview of … Read more
A Power of Attorney is a legal document that allows you to control who makes decisions for you, while you are still alive. At some point in your life, you may consider appointing a trusted family member or friend to make decisions on your behalf. Differences between a Power of Attorney, Guardianship/Administration Order, and Wills … Read more
There may be circumstances where a person with reduced decision-making capacity needs support to make personal or financial decisions. A guardian or administrator may be appointed to assist in such circumstances where there is no enduring Power of Attorney (POA) in place. Difference between guardian and administrators Guardians are appointed to make personal lifestyle decisions … Read more
Administering an estate involves collecting all the deceased’s assets, paying debts, and distributing the remainder to persons entitled and/or named under the Will (also known as the beneficiaries). It is helpful to understand your options as an executor when administering and distributing the estate. What is considered a deceased estate? The rule is that any … Read more
All employees in Australia are governed by different legislative instruments. The purpose of these instruments is to protect the rights and entitlements of employees. The Fair Work Act 2009 (‘the Act’) sets out minimum entitlements that all employers must provide to their employees. Wages One entitlement we are most familiar with is wages. The Fair … Read more
Congratulations on your job offer! But before you sign your new employment contract and start celebrating, it is important to understand the terms of your employment. Here we’ll outline the key things you should look for. Your Rights and Entitlements Under the Fair Work Act 2009 (Cth), all employees in Australia are entitled to the … Read more
Can’t find the original paper Certificate of Title for your property? Not to worry, the title can be located or replaced by the Victorian titles’ office. What is a Certificate of Title? A Certificate of Title is the official record of who has interest and rights over a piece of land. What’s the recovery process? … Read more
What is a caveat? A caveat is a legal notice that prevents the registration of new dealings and plans on the title. This means that any further dealings in relation to the land cannot take place without first removing the caveat or obtaining the caveator’s written consent. A caveat recorded on the title is a … Read more
An advance care directive is a document that outlines your instructions and preferences for future care in the event you lose the ability to make decisions in relation to your care. An advance care directive is not the same as an appointment of a medical treatment decision maker. Under a Medical Treatment Decision-maker appointment document, … Read more
What is a caveat? A caveat is a legal notice which prevents the transfer of a land title without the consent of the caveat holder. The purpose of a caveat is to prevent any further formal dealings on the property to protect and preserve the interest of the caveator. Anyone who does a title search … Read more
Becoming a guarantor for a loan is a significant decision involving considerable financial risk. Before agreeing to become a guarantor, it is important that you under your obligations, how that looks under a loan contract and understanding the risks associated. What is a guarantor? A guarantor can be a person or company, commonly used by … Read more
Pay rates and workplace conditions are governed by one of the following legal instruments in Australia – National Employment Standards (NES), Modern Award (‘Award’), or Enterprise Agreement (EA). The NES and Award applies more often to small or medium businesses. What is the NES? The NES is applicable to all employees in Australia. It sets … Read more
What is workplace compliance? There are laws and regulations in Australia that applies to all workplaces, no matter the size or the industry. Workplace compliance in businesses means following the relevant laws and regulations for your industry. This is important to ensure a safe, fair, and healthy work environment for your employees. This, in turn, … Read more
In Australia, all employees are governed predominantly by legislation or industrial instruments (ie. agreements). The Fair Work Act 2009, or ‘the Act’, plays one of the biggest roles in protecting employee rights in Australia, though certain states maintain its own state-based workplace relations system. National Employment Standards (NES) The Act sets out the NES, which … Read more
What is an unfair dismissal? Unfair dismissal is where: What are the employer’s rights? Employers must understand the process and procedure for bringing employment to an end. The issue to avoid here is whether the employer’s act can be classified as unfair dismissal. Employment can end for various reasons, including: Depending on the size of … Read more
Conveyancing is a process that involves the transfer of the legal title of a property from one person to another. The most common type of conveyancing transaction is selling property from one owner to another, but it can also be used in other situations, such as when a property is inherited or gifted. The first … Read more
We all have the rights and power to make personal decisions for ourselves. Some of us may struggle with making day-to-day personal decisions, especially if a medical condition limits our ability to do so. This is where appointing a guardian can help. What is a legal guardian? A legal guardian is a person appointed by … Read more
Life is unpredictable, and you may unexpectedly find that you are no longer able to make decisions due to an injury or illness. You could also lose legal capacity to make decisions, or are travelling overseas and need someone to make decisions for you while you are away. By appointing a POA you can choose … Read more
With the variety of DIY kits on offer for conveyancing it’s tempting to buy one to save on legal fees. These kits promise a step-by-step process to completing a conveyancing transaction successfully. However, what they can’t do is identify and address any issues that can potentially arise from the transaction. This is where an experienced … Read more
On 6 December 2022, The Federal Government has passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (‘the Amendment Act’), which will affect employment agreements and contracts. Here we discuss some of the key changes to employment contract compliance requirements Fixed or Maximum-Term Contracts Traditionally, fixed or maximum-term contracts prevent employees … Read more
When property and assets are jointly owned, and one of the joint owners passes away, the property and assets will automatically pass to the surviving party. Both names will remain on the title until a survivorship application is completed. To remove the deceased party’s name from the title, the surviving party must lodge a survivorship … Read more
It is never easy when a loved one passes away. Amidst the confusion and grief, you are also appointed to act as their executor. So what does that mean for you exactly? The Role Of An Executor It is likely that your loved one approached you and asked for you to act as their … Read more
The process of lodging a caveat is not difficult, but it’s important to understand whether there is a valid interest in the property which the caveat seeks to protect. Caveatable Interest A caveat is a legal notice which can prevent any dealings with a property without the consent of the caveat holder. You can register … Read more
Different states have different approaches to lodging a caveat. Here we’ll discuss Queensland’s approach to completing one. What is a caveat? In short, a caveat freezes the status of a property title to prevent it from being sold or dealt with. It also informs the public of the caveator’s interest in a property. Caveats are … Read more
Different states have different approaches to lodging a caveat. Here we’ll discuss Western Australia’s approach to completing one. What is a caveat? A caveat is essentially a notice placed on the title which prevents any person from selling or dealing with the property. What is a caveatable interest? Any person who has a legal … Read more
When buying a property you’ll most certainly be fed with a mountain of advice and information from Real Estate Agents, the vendor’s legal representatives, or even from the vendor directly. But whose words can be relied upon with enforceability? Real Estate Agents & Vendors When buying a property a Real Estate Agent will introduce the … Read more
You can never be too careful when buying a property! Here’s a rundown of what you need to know before you buying in Victoria. Cooling off period For private sales, purchasers have a chance to change their mind about their property purchase within three business days from the day the contract is signed. Note that … Read more
While it’s more often that a Purchaser may default on a contract, there are certainly occasions where the the Vendor may default on a contract instead. Here are the most common scenarios where a Vendor may find themselves breaching the conditions of the Contract of Sale. What is a default on a contract? A party … Read more
We generally advise our clients, no matter where they are in Australia, to include the finance clause in their Contract of Sale. Here is our list of FAQs surrounding the ‘Subject to Finance’ clause. What is the finance clause? ‘Subject to Finance’ (STF) means that the buyer will proceed with the purchase if formal loan … Read more
What is adverse possession? When you purchase a property, you receive the title for that parcel of land. Adverse possession is an act to claim land that does not belong within your registered title. Common examples of adverse possession include inadvertently fencing off a neighbour’s land without their consent or knowledge, or restricting public access … Read more
Are you an Australian resident selling a property? Will the sale price to be more than $750,000? If so, you will be need to provide a Foreign Resident Capital Gains Withholding Clearance Certificate (FRCGWCC, or ‘clearance certificate’) to purchasers prior to settlement. What is a clearance certificate? From 1 July 2017 onwards, legislation requires 12.5% … Read more
Sometimes things don’t go to plan when purchasing a property. Here are the most common scenarios where a Purchaser may find themselves in default of a Contract of Sale. What is a default? A default is a failure to follow your obligations, or a breach of conditions, under the signed Contract. What is a Default … Read more
What is considered too much or too little information, and how do you ensure you provide the right information? There are 5 general items that you need to disclose when you sell your property. Pre-contractual disclosure obligations It is a seller’s obligation to disclose all relevant information that may be considered a limitation, restriction or … Read more
Your superannuation fund (i.e. ‘super fund’) may be a major, if not the largest, asset of yours. When managing your estate and assets it is crucial understand how your superannuation benefits are dealt with after your death. How are my super benefits dealt with? Your super fund is managed by a board of trustees (‘the trustees’) … Read more
“Where there’s a Will, there are 500 relatives.” In making a Will, it can be just as challenging to decide who to exclude from your estate as it is to decide who is to benefit from it. People often think ‘it’s my Will, so I get the final say’. However, Australia laws prevents Will-makers, also … Read more
To Will or not to Will? Let’s explore the legislative rules that apply in the event of you passing without one. What are the Rules of Intestacy? If you don’t have a will, you are said to have died ‘intestate’ upon death. As such, the Rules of Intestacy will apply. This means the … Read more
Itis never easy dealing with the loss of a relative or close friend. Having some understanding of how property transfers from deceased estates are treated can alleviate the stress from managing the remaining assets and belongings of your lost loved one. What is a ‘Deceased estate’? A deceased estate is anything owned by the person … Read more
Making a Will is the essential step in estate planning – outlining your wishes and how your loved ones are to be cared for when you are no longer around. Surprisingly, some people still feel that spending money on ensuring a Will is validly prepared is unwarranted. While DIY Wills and DIY Will Kits are money … Read more
Foreign Investment Review Board (FIRB) approval is a permit issued by the Australian Tax Office (ATO) that allows foreigners to have property investments or buy a home in Australia. For the purpose of this article, we will be focusing on residential property investments. Am I Required to Apply for FIRB Approval? Before a contract is … Read more
As the world becomes more globalised it is increasingly common for Vendors to sell property across different states and territories. In Australia, certain attributes of a property must be disclosed by a vendor to the purchaser prior to the sale. Vendor disclosure obligations are unique to each state. As a result of this, it is … Read more
What is a caveat? Under Section 89 of the Transfer of Land Act 1958, a caveat is a legal notice which can prevent any dealings with a property, such as the transfer of the land title, without the consent of the caveat holder. When a caveat is registered it will appear on a property’s title unless … Read more
Building and Pest Inspections identify any defects within a property and the risks that may evolve from those defects. They are useful for identifying the condition of the property, which provide insight on the desirability and value of the property being purchased. Why should I include a “subject to a Building and Pest Inspection” clause? … Read more
While this is a sensitive topic and you may be hesitant asking your friends and family, having a plan is important for peace of mind. Here we address some of the common reasons people put off preparing their Will. ‘I don’t have any assets’ It’s not unusual for many to believe that they don’t have … Read more
So you’ve found a property perfect for you after spending countless hours scouring the market. A contract was given to you but it’s long, confusing and filled with legal words that don’t make sense. We recommend looking out for these 5 terms that can help your decision-making. “I can end the contract if I want… … Read more
A Contract of Sale is typically prepared by the Seller’s representative, and it is no surprise that a substantial number of clauses will favour the Seller. It is important for Buyers to obtain advice before signing the Contract of Sale. The Contract of Sale together with the Section 32 Vendor Statement are the most important … Read more
If you have any questions or wish to engage with our services, email us at hello@wlegalgroup.com.au or call us on +61 3 9590 6180.
Setting out to buy your first home can be both exciting and daunting. It’s an expensive process and there is a great deal of information with which you need to be equipped. However, it is well worth the work, both for the joy of living in your own home, as well as for the financial … Read more
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