Property Law
Can your Behaviour be so Bad that you Write yourself out of a Will? Disentitling Conduct and the Forfeiture Rule
A will maker will usually be warned by their lawyer about the risks of not including an entitled person in their will. If an entitled person, spouse, child or dependent, is omitted, or not adequately provided for in a will then they may make a court claim for compensation against the estate. What a will…
Read MoreLeasing Premises for your Business? Do you Need to Pay the Lessor’s Mortgagee Consent Fees?
There are many costs to leasing a premises, not just rent and outgoings. One of these costs may include a lessor’s mortgagee consent fee. Not only is it important for lessees to be able to identify what this cost is, but it is important that both lessors and lessees be aware it is lawful to…
Read MoreBuilding and Pest Condition Explained – why you Should Engage a Lawyer to Assist you with your Purchase or Sale
The building and pest condition is an essential term of any residential contract. It gives the buyer crucial protection to exit out of the contract, if there is something wrong with the property that would be of significant cost to the buyer to fix. This article will discuss: each party’s obligations; how a party can…
Read MoreProperty Searches – to Search or not to Search
Once a contract has been entered into and the buyer has satisfied all the key conditions of the contract, then the buyer’s solicitor will order settlement searches on the property. There are some searches the buyer cannot escape ordering, but there are a wide range of purchases that, depending on the law firm, are at…
Read MoreWhat do you do if the Seller dies before settlement?
Death of a Party to a Contract – What to Do A problem arises when a buyer or seller dies before the contract can be completed, as the deceased party can no longer perform their obligations under the contract. Does this mean that if a party dies or was dead before entering into the contract…
Read More3 Risks with a DIY Will Kit and why should you have a Lawyer Draft your Will
Your will is one of the most important documents you will have before you pass away. It will provide your loved ones with directions as to how to spend your money after you die. With an abundance of online resources providing DIY will kits, it is easy to be misled into thinking you can prepare…
Read MoreI’ve Bought a Property with a Periodic Tenancy – What does that mean?
A buyer has purchased a property and on the contract, the tenant schedule has been filled out with the term of lease stated as “periodic”. This can be confusing to understand what does periodic mean, when does the tenancy end and how does it impact a buyer’s intention to use the property. What does periodic…
Read MoreWhat if there is no Will? 3 Key Points of Intestacy Laws Explained
Having a love one pass away is an emotionally traumatic and stressful event. The stress can be made worse when there is no valid will in place. Having no valid will can cause extended time delays in distributing the estate as the rules for dealing with an estate with no will have strict rules to…
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