-
What is Probate Administration and How Does It Work?
What is Probate Administration and How Does It Work? After someone dies, there is a legal process to validate their will and determine who receives the assets of the deceased person’s estate. The probate process involves the court appointing a representative for the deceased person to gather the deceased person’s assets, pay debts (including taxes) […]
Read More -
The risks in referring to unattached documents in a legal agreement
It is not unheard of for parties to an agreement to refer, in the agreement itself, to additional documents. These additional documents are sometimes, although regrettably, not always annexed or attached to the actual agreement. In adopting this course of action, the parties may be endeavouring to streamline or simplify the body of the primary […]
Read More -
Power of Attorney Abuse
A Power of Attorney is a legal document authorising a person to act for you and make binding decisions on your behalf. A Power of Attorney is usually prepared: 1. to facilitate and complete transactions when you are unavailable to do so (for example, whilst travelling); 2. to get help with essential activities such as […]
Read More -
A spouse contesting a Will
All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the will-maker for their proper maintenance, education and advancement in life. In Victoria, from 1 January 2015, an eligible person includes the following: a spouse or domestic partner of […]
Read More -
Do you have a business partner? Then you need a Partnership Agreement!
Do you have a business partner? Then you need a Partnership Agreement! A Partnership Agreement is a contract between all the partners in a business and outlines each partner’s duties and responsibilities, governs important matters that arise from the business, procedures for making business decisions and how to resolve disputes amongst partners. The relationship between business partners can deteriorate if […]
Read More -
The risks of being an executor – commissions and personal liability
The risks of being an executor – commissions and personal liability Are you an executor of a Will? Before administering the estate, you should understand that this role involves risks such as personal liability for the expenses of administering the estate. You also should be aware that you may be entitled to commission for your […]
Read More -
Dealing with restrictive covenants – Victoria
Dealing with restrictive covenants – Victoria Do you have a restrictive covenant that runs with your land and are wondering if you can prevent it from affecting your development plans? There are ways in which you can apply to have a restrictive covenant removed or modified. This article discusses the implications of restrictive covenants and […]
Read More -
Key considerations when selling your business
Key considerations when selling your business If you are thinking of selling your business, you should ensure you take time to prepare and carefully consider elements of the process, before committing to sell. There is a lot to organise and prepare when getting ready to sell your business. Below are some issues that you should consider […]
Read More -
When is a guarantee unenforceable?
When is a guarantee unenforceable? A guarantee is a binding promise by one person (the guarantor), to be answerable for the debt or obligation of another (the debtor) if the debtor defaults. Guarantees become enforceable by the person to whom the guarantee has been given (the creditor) when debtors have defaulted on their obligations. In […]
Read More -
How to keep your legal costs down – our top tips
How to keep your legal costs down – our top tips If your business is involved in a commercial dispute, your biggest concerns are likely to be the financial losses that your organisation and its officers could suffer, and the size of your legal bill. Commercial disputes can be disruptive, emotional and can exhaust resources […]
Read More
Select Category:
