Contacts Entered into Prior to and including 5 August 2020

Contractual provisions relating to pest inspections, building inspections, finance valuations or final inspections which fall due during stage 4 are permitted to occur. The usual safety provisions must followed.

Contacts Entered into after 5 August 2020

Contracts which contain clauses which require an onsite property attendance, these attendances are not permitted during stage 4.

Goodman Group Lawyers has received many questions from purchasers who have a clause in their contract and cannot action them because of the stage 4 restrictions. People have asked if they could avoid the contract or demand an extension. Whilst every contract is different and legal advice needs to be considered on the facts and circumstances, generally the purchaser is stuck.

In a hypothetical situation where the contract was subject to a building inspection, these clauses typically only allow the purchaser to withdraw from the sale based on a building inspection report. If the inspector cannot attend to prepare the report then it is arguable that this is a problem for the purchaser and the contract condition would proceed to being satisfied and the potentially the contract could be considered to proceed unconditionally.

If you need assistance either buying or selling real estate call us today and learn how we can assist you.

The post Real Estate Activities Update – Stage 4 Restrictions appeared first on Lawyers in Melbourne.

New Sale Inspections – No onsite inspections are permitted. Only virtual, online inspections are permitted. Many real estate agents were hoping the maintenance of one on one inspections prior to the Stage 4 lock-down would have been preserved however that hasn’t come through.

Sold Properties – If a property has been sold then services related to property settlements are permitted. It is our view this does not include pest and building inspections to satisfy conditions contained in a contract and however valuation of properties by lenders in order to facilitate the provision of funds to meet a settlement in our opinion may be allowed. It is also reasonable that a purchaser could inspect a property for the purpose of a final inspection prior to settlement.

Removal Services – Removalist activities are covered under the new changes and are permitted to work.

End of Lease – Services in connection with end-of- lease activities are permitted. If a provision in a lease requires and carpet steam cleaning then this would be permitted along with the usual inspections.

Restrictions are changing daily, ensure you remain up to date on what you can and cannot do.

(subject to change)

The post Real Estate Dealings During COVID-19 – Update appeared first on Lawyers in Melbourne.

To combat this, legislation in Australia has been purposefully introduced to streamline probate in the instance of small estates. The legislation ensures that the bulk of the estate goes to beneficiaries rather than being diverted to unnecessary fees.

In this blog, Goodman Group Lawyers elaborate as to how this process works and how it can benefit those managing smaller estates.

Relevant legislation

The previously mentioned legislation was introduced due to the relatively high number of people dying and leaving small estates. The Administration and Probate Act of 1958 makes special provisions to allow procedures related to these estates (both testate and intestate) to be simplified.

What constitutes a small estate?

A small estate is defined as being an estate in which the gross of solely owned assets does not exceed $100,000. This is the set value before any necessary debts are deducted and also takes into consideration the indexation rate. To qualify as a small estate, beneficiaries must be the husband or wife or children or the widowed mother of the deceased.

An estate is also eligible if the gross value of solely owned assets does not exceed $100,000 and the beneficiaries are other than the surviving spouse, children or widowed mother of the deceased.

The deceased may also have had unlimited jointly owned assets in addition to these solely owned assets and the estate would still fall under the category of small estate. Jointly owned assets can include things like bank accounts and properties. A grant of probate will only be required to release solely owned funds in this case, with shared bank accounts (for example) not requiring a grant of probate.

How to arrange a grant of representation

For executors or administrators of small estates living in Melbourne, get in touch with the staff of the Small Estates Office to arrange for a grant of representation. For executors or administrators living more than 32 km from the Melbourne GPO, it will be the clerk of the nearest Magistrates’ Court preparing the necessary documents on your behalf.

To file an application through the Small Estates Office with the help of a small estates officer, there is a compulsory fee of $461.

Otherwise, a small general service fee is charged on application, in addition to any relevant filing fees and the Small Estates Branch will pass the grant of probate to the executor, who will then have to complete the administration of the estate by themselves. Wages, money, or assets previously belonging to the deceased can be then paid directly to the executors, immediate family, or person entitled to the estate without probate, provided that the amount due to the deceased does not exceed $25,000.

Require assistance with probate-related affairs?

Understanding Wills, probate and estates can very easily be overwhelming, particularly during times of mourning. If you require assistance from the team of experts at Goodman Group Lawyers, don’t hesitate to get in touch. We can answer any questions you might have and clarify some of the more complex legal processes.

In addition to matters such as contested estates and estate planning, Goodman Group Lawyers are also able to help with a wider variety of fields of law, including conveyancing and property law and business law. Contact us to learn more.

The post How Does the Law Change for Small Estates?prob appeared first on Lawyers in Melbourne.

In this blog, Goodman Group explains what the legal requirements of funerals are, and how funeral homes are able to help you meet them.

Notifying the coroner of a death

If a death has not already been reported, it is a statutory requirement to notify a coroner or a senior police officer of a reportable death. Reportable deaths consist of deaths that require investigation by a coroner, although being reportable does not necessarily equate to a suspicious death.

A coroner may investigate a death caused by accident or injury, such as a road fatality, workplace death, drownings or animal attacks in addition to unnatural deaths like suicides, overdoses and homicides.

In Victoria it is an offence to dispose of a body that could be classified as a reportable death before it is examined by a coroner. There is no need to report these kinds of deaths in all instances, however – if a registered medical practitioner is present, they are obligated to report the case to the coroner without delay.

Coronial inquests

The coroner can demand an inquest if there is a fire-related or reportable death, which will then result in an investigation. Depending on whether it is necessary for determining the cause of death, an investigation can then be ordered by the coroner. If the coroner goes on to find information worth reporting, they have the power to make recommendations to any minister, public statutory authority or entity. Any relevant reports must then be published on the internet (unless advised by the coroner).

The registration of death

A death is registered by a doctor who last attended a deceased individual during the last illness or after the body is examined after death. This occurs by the doctor singing and sending off a notification to the Births Deaths and Marriages registrar within 48 hours of the death. This notification must also be supplemented by a completed form signed by the funeral director (or whoever is in custody of the body) within seven days of the disposal of the body.

Burial and cremation procedures

Burial occurs after the cause of death has been ascertained, whether this be from the case of a reportable death or information disclosed by a medical practitioner. With these legal matters handled, the party managing the funeral of the deceased individual will now consider how to manage the funeral and organise cremation or burial of the body (the will of the deceased will usually indicate what the deceased wanted).

As mentioned previously, the law does not require a minister or formal ceremony for the funeral. It is also not stipulated that embalming, the requirement for a notice of death in the newspaper, or the delivery of the coffin to the cemetery or crematorium in a hearse. A private vehicle may be used, but it is recommended that a covered vehicle with curtains on the windows is used.

The next of kin are not obliged to arrange a funeral, but if there is an executor named in the will, this executor will have custody of the body and shall have control over the disposal of the body. If an executor is not named, friends or family can organise the funeral without having to also administer the dead person’s affairs.

After the funeral

The Executor of the Will is not legally obliged to hold a ‘reading of the Will’ but is expected to locate and contact all beneficiaries named within the document. All persons mentioned within the Will are entitled to inspect or obtain a copy for themselves, and should they wish to contest the will, they may do so for up to 6 months after the grant of probate has been issued.

The post Legal Requirements with Funeral Arrangement appeared first on Lawyers in Melbourne.

As soon as you experience a significant event, whether it be to do with money, or assets such as property, it is very important that your Will be updated. This is due to a Will referring to highly specific assets, and if assets owned by the deceased are not adequately demonstrated in a Will, issues can evidently arise.

It is not only assets, however – beneficiaries may change as well. The Willmaker may get divorced, have more children, or reorganise how their assets are distributed among their beneficiaries.

Common things that need amending in Wills

Amending a Will might be required due to a wide range of circumstances. Here, we list a few of the most common circumstances that necessitate the changing of the document to help you stay on top of your Will.

• Significant variations of assets or liabilities, such as property (whether it be increases or decreases)
• You enter into a new de facto relationship,
• You have a child (or children)
• The creation of any new business structures. This does not just include business companies, but may also refer to family trusts, unit trusts or superannuation
• The death or disablement of any beneficiaries listed in your Will
• Divorce/s

Small changes may not require a Will be amended. Small changes might include a change of address or slight variations in assets or financial circumstances. Of course, there are inevitably a multitude of other considerations to make. It’s often highly beneficial to consult your lawyer in order to determine when amendments should be made to your Will.

Staying on top of Will amendments

Some of the issues when it comes to changing Wills are often the result of poor organisation. Goodman Group Lawyers offer a few tips to ensure that your Will is always accessible during significant changes in your life so that you’ll never forgo updates when needed.

• Are you aware of where your Will is stored, and is it easily accessible for when you need to make any amendments? Your Will being difficult to access may disincentivise you to make the changes when they’re needed, which can be disastrous in the long run.
• Do you know what you originally wrote up in your Will? Your understanding of what your Will contains can go a long way when you’re considering employing amendments.
• If you haven’t managed your Will in a long time, it might be possible that your young children as referred to in the Will have become adults and have children of their own.
• In terms of benefactors, are there any listed individuals, such as executors or potentially guardians of infant children, who might not be as involved in your life as they were when you originally wrote the Will?

Looking to amend your Will due to some life events?

Changing a Will is often inevitable due to the unpredictability of life, and as such it is recommended that Wills are updated every year. If you’re needing to amend your Will, the team at Goodman Group Lawyers can offer their expertise to ensure that you adequately address all necessary changes.

If you have any questions about amending Wills, or even Wills in general, get in touch with our friendly team today and we can answer your queries and follow up to ensure that your Will is up to date with all relevant information.

The post When Is The Right Time To Update My Will? appeared first on Lawyers in Melbourne.

Some property transactions may seem simple, but it should not be assumed this will be the case for all property transactions. Far from it, in fact – complex legal documents are common during property transactions, and can leave even a confident buyer or seller in a spin.

What does conveyancing involve?

According to the 2018 Law Handbook, a conveyancer will typically manage the following comprehensive list:

• Advising the buyer before the contract is signed about special conditions that are included and the effect of signing the contract;
• Checking the contract and the vendor’s statement;
• Conducting searches and making applications for certificates, and reporting to the buyer – the buyer is expected to examine the property;
• Exchanging contracts with the seller’s solicitor (if a contract of sale is used);
• Preparing the transfer of land;
• Advising the buyer about finance and providing all the information that the lender requires about the title to the land;
• Checking the mortgage documents and advising the buyer;
• Preparing a statement of adjustments and settlement statement showing how the cheques are drawn and paid;
• Arranging settlement on the buyer’s behalf;
• Lodging a notice of acquisition of land at the SRO;
• Notifying the council and the water authority of the purchase; and
• Paying stamp duties and lodging documents for registration (unless the lender does so).

The duties of a seller’s conveyancer include:

• Preparing a vendor’s statement and special clauses to go into the contract;
• Preparing a contract of sale;
• Exchanging contracts with the buyer’s solicitor;
• Checking the transfer, statement of adjustments and settlement statement;
• Preparing the statutory declaration about the value of chattels in the sale;
• Arranging for discharge of the seller’s mortgages and for a clear title;
• Attending settlement on the seller’s behalf; and
• Notifying the council and the water authority of the sale.

As evidenced by the number of steps, conveyancing is more complex than it first appears.

Engage with expert conveyancers today

Goodman Group Lawyers are highly experienced in all conveyancing matters, saving you time, money and headaches in the long run. If you’re ready to organise the conveyancing of a property ownership with the help of professionals, get in touch with our team today. We’d be happy to offer any advice you might require regarding conveyancing and similar property law.

The post Why Professional Conveyancing Is Preferable To DIY appeared first on Lawyers in Melbourne.

What is a contested will?

Challenging a will (also referred to as contesting a will) involves the challenging of a will written by a deceased party. There are many reasons why the validity of a will might be challenged, the legitimacy of these entirely depending on specific circumstances related to the deceased.

A will dispute might occur if:

• The deceased has failed to properly provide to a family member (either not providing for them at all, or the provision was unsatisfactory)
• The deceased did not have the capacity to effectively write a will at the time when it was signed
• The will was written under the influence or duress of others
• Parties wish to remove executors or trustees
• Particular beneficiaries of the will are absent
• Disputes related to administration of the estate
• Clarifying the meaning of phrasing in the will
• An extended delay in proving the will’s validity.

Personal circumstances related to each of these disputes make will challenges even more complex, sometimes making it necessary for the dispute to go to court.

The process related to estate disputes

A party wanting to dispute a will usually apply to the court. Even in applying to have the dispute occur in court, the court will usually require all the parties to attend a mediation first to try and come to an agreement themselves.

An individual wanting to dispute the assets they believe they were entitled to must prove that the writer of the will had a “moral duty” to provide for them financially – this process is called “testator’s family maintenance”. In instances like this, the party wanting to dispute would be closely related to the deceased, such as a spouse, parent or child.

Other individuals, such as registered carers, grandchildren or members of the household may also apply to dispute a will if they are able to effectively demonstrate that they were either partly or fully dependent on the deceased.

What is considered by the court during will disputes?

When the court is deciding if the disputing party is making a valid claim, they will approach the will from multiple angles. In order to provide a thorough decision, they will examine:

• The relationship between the disputing party and the deceased
• Why the will-maker wrote the will in the way they did
• Whether the person was dependent (fully or partly) on the person who died
• Examining whether the deceased party had a ‘moral duty’ to provide for the disputing party
• Disabilities (whether physical, mental or intellectual) of the disputing party and other beneficiaries
• How the other beneficiaries named in the will might be affected by any changes made to the will

If a family member or individual close to the deceased wishes to apply for a testator’s family maintenance claim, they must do so within six months of the grant of probate or letters of administration being made.

Looking to challenge or manage a will dispute?

Navigating laws concerned with will disputes can be time consuming and confusing due to the complexity of this field. Goodman Group Lawyers have significant experience in providing our clients with informed and reliable advice, ensuring that any we’ll be able to manage any will dispute or challenged will with exceptional understanding.

The post Examining Will Disputes appeared first on Lawyers in Melbourne.

What are the functions of probate?

Probate denotes the process in which the Victorian Court certifies that a will is valid, also offering confirmation of the appointment of the executor. Probate is required to manage the affairs of a deceased party. Affairs in this instance refer to the distribution of finances (bank accounts, cash, properties, shares and super) and other property (furniture, cars etc). The executor may also be required to manage any debts that the deceased left outstanding.

Applying for a probate is not necessarily an assured process, however, and there are three primary points to consider before probate application.

• The document must be the last will created by the deceased party
• The will must be valid
• The will may be contested

Probate is therefore crucial when considering the estate of a deceased individual – without probate, an executor cannot transfer assets to the intended beneficiaries.

The probate process

To obtain a Grant of Probate (the document declaring that a will is valid), the executor named in the will is required to make an application to the Probate Office of the Supreme Court of Victoria. If the application is approved, the executor is given a document called a Grant of Probate. The Grant of Probate confirms the writer of the will is deceased, that the will is authentic and confirms the identity of the executor.

There is no strict time limit for an executor to apply for a Grant of Probate, although there is a rule of thumb in law called “the executor’s year”, which allows the executor a year to undertake relevant estate administration without the input of beneficiaries. After this first year, beneficiaries may be able to question why estate management has not yet been completed and potentially claim interest on certain goods.

Instances where there is no will

It is not uncommon for a deceased party to not have prepared a will before they died. In cases like this, rather than probate occurring, Letters of Administration must be applied for by the next of kin. Letters of Administration is an approval issued by the court allowing for an individual to administer the will of the deceased party. The individual selected to administer the will is usually the next of kin (whether it be spouse, partner, or children).

Learn more about probate

Probate is evidently a complex process, and our overview may not have addressed specific areas you might have an interest in. If you’d like to learn more about the probate process, or if you’d like any assistance in applying for a Grant of Probate or Letters of Administration make sure to get in touch with the team at Goodman Group Lawyers today.

The post Understanding Probate appeared first on Lawyers in Melbourne.

It is for this reason that Goodman Group Lawyers have created a blog to simply demonstrate the information necessary for landowners to better understand tax laws. Read on to learn more.

Land tax basics

A land tax assessment will typically be comprised of all land in Victoria you own if the taxable value of your land holdings exceeds $250,000. This includes the land you jointly own with others, as well as your interest in any trust-held land. The assessment offers a site valuation for each property and/or land you own, which is then used to produce your land tax liability.

Although the home you live in is technically situated on a piece of land, this land is exempt from land tax. This is due to this land being classified as a “principle place of residence”, or PPR. Primary production land (such as farmland) and land used by charities is also exempt from any land tax.

If you’re unsure whether you are liable to pay any land tax, the State Revenue Office provides a handy online tool that can very quickly get you on the right track. The current rates are also available on the State Revenue Office website to provide more transparency.

Land tax exemptions

The list of land tax exemptions goes beyond personal residences. There are a wide variety of land forms that do not require tax to be paid. They are the following:

• Crown land
• Municipal and public land
• Public statutory authority
• Armed services personnel
• Friendly societies
• Sporting, recreational or cultural land owned by certain non-profit organisations
• Land leased for outdoor sporting, recreational or cultural activities by members of the public
• Health centres and services
• Residential care facilities and supported residential services
• Residential services for people with disabilities
• Retirement villages
• Caravan parks
• Mines
• Agricultural shows and farm field machinery days

Future changes to land tax

Costs associated with land tax are far from a constant – although currently taxes are revalued biennially (every two years), as of 2019 the Victorian government has put in place legislation to have revaluations occur annually.

In terms of the ever-strengthening Melbourne property market, this could invariably mean larger taxes for land owners. The most recent land valuation was in 2016, and the next valuation shall be in 2018 – this means that property owners have recently payed taxes on their lands value in 2016, rather than 2018, potentially saving them thousands of dollars.

This measure has been implemented as a means to restore some power to first home buyers, making property investing slightly less profitable for investors.

Learn more about land taxes

It should be noted that the State Revenue Office does not adjust land tax assessments for property bought, sold or settled during the duration of an assessment year. If you require advice related to property you may have recently purchased, you are required to consult a conveyancer – in this instance, Goodman Group Lawyers can assist in the clarification of any land tax adjustments made on settlement.

With land taxes being so susceptible to frequent law changes, it is never certain what your position might be. If you’re unsure how laws are affecting you, make sure to get in touch with the team at Goodman Group Lawyers to learn the latest.

The post Land Tax in Victoria appeared first on Lawyers in Melbourne.

With this blog, Goodman Group Lawyers aim to make your rights and responsibilities as a landlord clear, lifting the veil on several of the more confusing aspects of property ownership. Read on to learn more.

Duties as a landlord

Being a landlord is not simply a case of having tenants move into your property and taking their rent money – there are certain legally binding responsibilities that are required of all landlords.

Landlords must make sure that the premises are vacant and clean on the day the tenant is scheduled to move in, ensure that the premises are always in good repair (if replacing water appliances, fittings or fixtures, they must meet Standards Australia ‘A’ rating).

There is also a need to ensure that external doors have locks and windows can be secured and that if locks are changed, that tenants are given the appropriate keys as soon as possible.

Entering a property

You may realise that a landlord is able to enter a property to inspect it, but this procedure must be conducted under very specific guidelines. A landlord may enter at a time and date that is agreed with the tenant, but this agreement must be made at least seven days before the agreed upon time. This prevents landlords from entering premises without prior warning – if they still do so, it is considered an offense.

Landlords are still able to enter a property after giving tenants 24 hours’ notice for specific duties. These include valuing the property, demonstrating the property to prospective buyers, new tenants, or financial lenders, if they are under the impression that tenants have damaged property or have caused a nuisance. In these instances, the landlord is permitted to enter the property between 8:00 am and 6:00 pm on any day except public holidays.

Understanding what to do with the bond

The bond in essence is used as a security deposit for the landlord, and in most cases the bond is equivalent to the value of four week’s rent. In some cases, the bond may exceed this value (such as in more expensive or furnished properties).

Bond should always be forwarded to the relevant state’s residential tenancies bond authority. This body will hold onto the bond money on behalf of both tenants and landlords.

The money given to a landlord as bond can be taken for the following:

• Damage to the property caused by the tenant or those related to the tenant.
• The tenant leaving the premises without notice.
• Relevant cleaning expenses.
• The tenant leaving the landlord to pay bills the tenant should have paid.
• Loss of the landlord’s goods.
• Unpaid rent.

If there is a bond dispute or if the landlord is seeking to claim compensation that exceeds the value of the bond, they are then required to apply to the Victorian Civil & Administrative Tribunal within 10 business days of the tenant vacating the property.

Learn more about property ownership from the experts

There are a variety of other duties the landlord must attend to while renting out a property, but this guide should provide some of the more important basics. If you’re still unsure about your rights as a landlord, Goodman Group Lawyers are here to help you in every way we can.

The post Your Rights and Responsibilities as an Investment Property Owner appeared first on Lawyers in Melbourne.