24 05, 2022

Specialists in Wills and Estates

2022-05-24T11:13:59+10:00May 24th, 2022|

Specialists in Wills and Estates Over the last 10 years, the team at TB Law has specialised in Wills and Estates Law. Principal Solicitor, Manny Wood says “By specialising in Wills and Estates, we can focus our attention on providing legal services in which our solicitors and team of support staff are confident and familiar with providing.” “Because we are well-versed in the field we are also very efficient, which allows us to keep the legal costs down and the turnaround times quick”. “We recommend  going to a firm that specialises in the service you seek. There are serious consequences if the job is not performed [...]

17 03, 2022

This is not a Hypothetical. This is reality.

2022-03-17T07:50:21+10:00March 17th, 2022|

Did you know about the real risks that everyday Australians face, if they have not implemented proper estate planning measures. Appointing an appropriate person to manage your financial and medical affairs under a Power of Attorney and an Appointment of Enduring Guardian, allows you to make a decision now that will protect your rights in the future, should you lose capacity. Read about the sad reality that Brisbane man, Chris Pearson faced against the Queensland Office of the Public Guardian and Public Trustee, here.   This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not [...]

30 11, 2021

Did You Know: The cost of transferring real estate from a deceased estate?

2021-11-30T12:42:07+10:00November 30th, 2021|

Stamp duty is not payable when transferring real estate to an executor for the purposes of sale. Stamp duty of only $50 is payable when transferring real estate to a beneficiary if gifted under the will or if it is ‘in or towards satisfaction’ of their share of the estate. Stamp duty of only $50 is payable when transferring real estate under a family provision order (will challenge). If real estate is transferred to a beneficiary and its value is more than the beneficiary’s share in the estate, stamp duty is payable on the value of the real estate that is above the beneficiary’s entitlement in [...]

30 11, 2021

Did You Know: You could be Gazumped? 

2021-11-30T11:54:48+10:00November 30th, 2021|

With the current housing market where demand is exceeding supply, the question may be asked is “gazumping” legal? Gazumping is when a vendor agrees or accepts a purchaser’s offer in principle, but prior to exchange the vendor receives and accepts a higher offer, agreeing to sell to someone else. In practice, this might look like a real-estate agent passing on your offer to the vendor, it being accepted, but the contracts not being exchanged straight away. During this time between accepting the offer and the exchange of contracts, the real estate agent is legally required to inform the vendor if a higher offer is made. If [...]

30 11, 2021

Did You Know: That a dead snail led to the most important civil case in history?

2021-11-30T12:48:43+10:00November 30th, 2021|

Okay, so the title may be slight hyperbole, but it is still justifiable. In 1928, Ms Donoghue ordered a ginger beer in an opaque bottle. After finishing most of her refreshing beverage, she tipped the last drops into her glass. A badly decomposed snail came out with it. She became violently ill days later (as you would expect!) and was diagnosed with Gastroenteritis and shock. Fast-forward through almost four years of litigation to 1932 and the House of Lords delivered a judgement which would form the basis of modern civil litigation. The Lords stated that; “You must take reasonable care to avoid acts or omissions which [...]

1 11, 2021

Did You Know: That Jamie and Anthony are taking part in Movember?

2021-11-02T08:14:38+10:00November 1st, 2021|

The month of Movember has come at last and what a month it shall be. The month where moustaches of all shapes and sizes crawl across upper lips for a good cause. Please visit our Movember page and donate if you can https://au.movember.com/team/2408712. If you can't donate, just ask someone if they are doing alright or make an effort to smile at a stranger, you would be surprised the impact that these small gestures can have. Jamie Mo-tivation I am growing a Mo for men's mental health. I have many close mates who have wrestled and are wrestling with the Black Dog. I have even lost [...]

29 10, 2021

Did you know: We have an Executor’s fact sheet?

2021-10-29T15:43:37+10:00October 29th, 2021|

Manny Wood, Accredited Specialist in Wills & Estates, has put together a General Advice outlining the Probate process and the duties of executors and administrators. The General Advice is set-out below and you can find a PDF version here. What is Probate? A Grant of Probate is issued by the Supreme Court of New South Wales. It is formal recognition of the validity of a will and authorises the executors to administer the estate. If there is no will, the Grant is known as Letters of Administration and administrators are appointed instead of executors. It is necessary to obtain a Grant if the deceased owned real [...]

30 09, 2021

Did You Know: That Court approval is required to release your rights to contest a Will?

2021-09-30T09:28:14+10:00September 30th, 2021|

Is a contract or deed whereby each party agrees not to contest each other’s will enforceable? Examples of why these situations may arise include: a child is paid their share of inheritance in advance, family members become estranged, partners separate, stepchildren may be involved. Assume the best-case scenario, whereby each party has independent legal advice and the deed clearly states that each party, although eligible, will not pursue a claim on the other’s estate, thereby releasing their eligibility to contest. Even with a well-drafted deed, without the Court’s approval, it is not binding. It is important to note that the Court takes the following 4 key [...]

30 09, 2021

Did You Know: That Title Deeds will not be issued after 11 October 2021?

2021-09-30T09:05:31+10:00September 30th, 2021|

In the past, if you purchased real estate, without obtaining a mortgage, you would receive a physical Title Deed (Certificate of Title) which we would normally store in safe custody. After 11 October 2021, NSW Land Registry Services will no longer issue physical Title Deeds. If you wish to sell your property, we will need to take “reasonable steps” to verify your “right to deal” with the property. We will conduct a Title Search, which needs to be attached to the contract of sale, but if you do not have a physical title deed, you will also need to provide us with original documents such as [...]

30 09, 2021

Did You Know: That Revenue NSW can impose additional taxes and duties on trusts?

2021-09-30T08:32:09+10:00September 30th, 2021|

Family trusts and other discretionary trusts (including those established under a will) can be liable to pay surcharge land tax, which is currently an additional 2% of the unimproved value of the land, if the trust document does not expressly state; no potential beneficiary of the trust can be foreign persons; and the terms of the trust must not be capable of amendment in a manner that would result in a foreign person being a potential beneficiary. Land tax is levied on 31 December each year, so we suggest that it is a good time to check your trust deeds so that they can be updated [...]

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