Frequently Asked Questions

You should appoint someone trustworthy, organised, and willing to act. We help assess suitability and structure safeguards.

You should sign while you retain full capacity. Delay risks loss of control.

An EPOA authorises another person to act if you lose mental capacity. Separate documents cover property and personal care and welfare.

Validity depends on form and intention. Homemade wills often create uncertainty and litigation risk.

You should review it every three to five years or after major life events.

Clear planning reduces ambiguity, which lowers the risk of claims under the Family Protection Act 1955 or Law Reform Act 1936.

A will directs asset distribution and appoints executors and guardians. Without one, statutory rules apply.

You should review it after marriage, separation, births, deaths, or major asset changes.

Estate planning aligns wills, trusts, ownership structures, and relationship agreements to reflect your goals and family structure.

Disputes proceed through negotiation, mediation, or the Family Court. Early advice reduces cost and stress.

You should enter one before moving in together, before marriage, or when financial circumstances change.

A contracting out agreement sets ownership rules outside the Property Relationships Act 1976. Both parties require independent legal advice.

A de facto relationship usually qualifies after three years. Shorter relationships still qualify in some circumstances.

Protection depends on timing, intent, and control. Courts review sham arrangements closely.

Property acquired during a marriage, civil union, or qualifying de facto relationship usually falls into the relationship pool.

Yes, but compliance matters more. Poorly run trusts face challenge and exposure. Our advice focuses on structure and ongoing administration.

Trustees owe fiduciary duties under the Trusts Act 2019. Duties include acting honestly, keeping records, and providing information to beneficiaries.

Trusts support asset separation, succession planning, and family arrangements. They also impose strict duties on trustees.

Yes. Executors hold personal responsibility for errors such as early distributions or unpaid tax. Our guidance limits this exposure.

The estate follows statutory rules. The spouse or partner and children receive set shares. Outcomes often differ from personal wishes.

Probate is a High Court order confirming the will and appointing the executor. Most estates require probate before assets transfer.

Simple estates often complete in six to nine months. Delays arise from property sales, overseas assets, or disputes.

Common risks include unconsented building work, easements affecting use, flooding notations, and finance conditions drafted poorly. Our review targets these issues early.

The estate administration process begins. Assets transfer under a valid will or under intestacy rules in the Administration Act 1969.

Conveyancing covers the legal work for buying or selling land. Our work includes reviewing the agreement for sale and purchase, checking title, building  and LIM issues, arranging settlement, and registering ownership with Landonline.

You should contact us before signing the agreement. Early review reduces risk around conditions, settlement dates, and title defects.

Typical timeframes:• Agreement – this depends on whether an agent is involved. If there isn’t, drafting usually takes around a week once AML is completed and all information is provided. AML typically takes 2–3 days.• Conditions are usually 15 working days.• Settlement is generally 10–15 working days after the agreement becomes unconditional. Documents required will depend on whether an agent is drafting the agreement. For AML, we’ll need ID and proof of address (two proofs if selling). For a purchase, we’ll also need confirmation of where the funds are coming from. If we are drafting the agreement, we will need: seller/purchaser details, GST status, deposit amount, property details (address, price, default interest—typically 14%), conditions (building, LIM, finance), any further terms, settlement date, details of the other party’s lawyer, bank letter of offer/finance details (for purchases), tenancy information (if any), and a list of chattels. Once the agreement is unconditional, there will be several documents to sign, and these can be completed electronically with audio-visual witnessing if required. .

Most residential transactions settle in 20 to 30 working days. Timing depends on finance, due diligence conditions, and title issues.