Normally speaking, where person A purchases property in the name of person B, a trust arises whereby person A holds the property on trust for person B – unless a presumption of advancement is present or if there is evidence to the contrary. Continue Reading..
It is not uncommon for people in rural and regional areas to possess a firearms licence. Many primary producers possess firearms and corresponding licences for farming and grazing activities including for the removal of pest animals. But what happens to firearms owned by a licence holder upon their death? Continue Reading..
You arrive at work early Tuesday morning grateful for the peace and quiet of your office after a morning of melodramatic tantrums by your two year old son. You’d given him 3 strawberries, turns out he only wanted 2, and the morning went downhill from there. Continue Reading..
This article was published in this month's edition of the Law Society Journal of NSW.
Peter and Patricia have instructed you to prepare their wills. They rent the family home but own two commercial properties, each worth about $3 million and subject to a mortgage of $2.5 million. They have a share portfolio, which they started to acquire during the 1990s. Finally, they also have a self managed superannuation fund with a policy on Peter’s life for $2.5 million – to pay off the debt. Continue Reading..
When purchasing a property, it is important for a Buyer to rely on their own enquiries and investigations to satisfy themselves with the state of the property. However a Seller does have a legal obligation under the Conveyancing Legislation to disclose any latent defects in a property to a Buyer. In contrast any patent defects do not need to be disclosed by a Seller to a Buyer. So, what is the difference? Continue Reading..
You’ve been acting for your sister Ana in relation to the breakdown of her marriage to Chris. Ana has been cheating on Chris pretty much since they were married. You suspect Chris knew about it deep down, everyone else did, but pretended he didn’t to keep the family together. But he’d finally had enough and decided to leave her. Continue Reading..
We are living and breathing in a digital age where pen and paper is becoming something of the past. A recent decision handed down by the Queensland Supreme Court in 2017 proved that an unsent text message satisfied the requirements of a person’s last Will. Continue Reading..
You act for Bill and Jo Smith on the sale of their 20 acre property in Bourke known as "Racecourse Road" which is well known in the town for breeding and selling race horses. It also holds local races every couple of months. Bill and Jo also own other adjoining property and have been capturing and selling goats, the meat of which is exported to the Middle East. Continue Reading..
As couples today commonly engage in IVF treatment, the question must be considered, what will happen to your frozen eggs/sperm or fertilised embryos on the death of you or your partner? Continue Reading..