It is estimated that one in five Australians live in strata title properties. Collectively, these properties comprise a strata scheme which refers to land and buildings divided into two or more units, apartments, or townhouses. Owners have title to a ‘lot’ (or a...
Search articles by area of law
The importance of a Form 1 – Vendor’s Statement when selling residential property in SA
In South Australia, it is a statutory requirement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 (SA) (the Act) for a residential property seller to provide a Form 1 - Vendor’s Statement to the prospective purchaser. The Form 1 can be served...
Mediation is an effective option for resolving disputes
To resolve a dispute, the parties involved may reach an impasse and turn to the legal system for help. Accordingly, many people believe the only option to resolving a dispute is to initiate a lawsuit. However, there are other avenues, which lawyers have a professional...
How to leave a charitable gift in your Will
For many of us, contributing to a charity of choice provides a meaningful and compassionate way to make a difference to a cause that is close to our heart. One way to do this is to make a bequest in our Will, for a portion of our estate assets to be given to one or...
When drafting your Will, remember to give consideration to your digital assets
Digital assets are an established and growing part of modern life. Therefore, it is important to consider what happens to your digital footprint upon death or incapacity – especially if they hold monetary or sentimental value. Examples of digital assets include:...
The use of colloquial Aussie language could constitute threatening behaviour
An Adelaide man recently lost a Supreme Court appeal against an Intervention Order placed upon him by the District Court of South Australia. The Intervention Order came about after the gentleman sent his former lawyer a series of threatening emails and letters...
Compensation claims relating to cyclists injured or killed as a result of a motor vehicle accident
Despite changes to South Australia’s road rules in 2015 to make bicycle riding safer, cyclist injuries and deaths continue to rise. According to 2021 SAPOL data, there were 5 fatalities and a further 101 serious injuries, caused by accidents involving cyclists and...
Advice for the Executor of a deceased estate when dealing with a firearm
Gun ownership for legitimate purposes, such as the management of a family farm or other such rural property, is commonplace. When the registered owner of the firearm dies, the task of dealing with it generally becomes the responsibility of the Executor named in the...
Handwritten Wills are acceptable but may cause unnecessary problems
A Will is a document that sets out how your property is to be distributed when you die. A handwritten Will is adequate for this purpose, however, it is open to interpretation and potential challenges if it is illegible or there are messy edits. For a Will to be valid...
The four most common business structures explained
The most common business structures are sole trader, partnership, company, and trust. The business structure you choose will determine: your business’s legal and operational risk; what control you have; asset protection; tax obligations and ongoing costs. Sole trader...
Obtaining a Grant of Probate in South Australia
When a person dies, there are certain requirements that must be fulfilled, for their estate to be finalised. If the deceased left assets in South Australia, the deceased’s Legal Personal Representative (LPR) - usually the appointed executor in the deceased’s Will, may...
The role of deceased estate executor is an onerous and time-consuming one, but we’re here to help.
It is all too likely that you will eventually be nominated as an executor in a Will. You may be aware that you are an executor, but other times you may not. Usually you will find yourself with this responsibility following the death of your spouse, friend or close...