Author: snsadmin

We do Wills and Powers of Attorney!

Are you earning an income? Do you have children? Are you above the age of 18 years? Do you have assets? Do you have a spouse/partner?

 

If you answer yes to any of the above questions then you need a current Will and Powers of Attorney.

 

Every person over the age of 18 years should have a Will which stipulates who they wish to bequeath their assets to. The Will can also stipulate funeral and burial wishes and it can also explicitly exclude certain people from receiving a benefit from their estate.

 

At the fixed price of only $750 (including GST), Hassall’s Litigation Services will draft 3 documents for you:

 

  1. A Will;
  2. A Medical Power of Attorney; and
  3. An Enduring Power of Attorney (Financial & Personal).

 

What are you waiting for?

 

Get yourself sorted today and give your family the peace of mind knowing that if anything happens to you, they know what your wishes are.

 

For more information, speak with us today.

 

This article provides information that is general in nature and is not a substitute for legal advice.

Are you still owed money?

If you’ve started the new year with one or more outstanding debts on your books – here’s a way you can start proceedings – for a lot less than you may think.

Our website now includes a “Letter of Demand” that you can use as your first your step to recover outstanding debts.

It’s easy to use:

  1. Simply click HERE and you will be directed to our online  “Demand Letter” service
  2. Simply complete your details, your debtors details in the form provided on our website
  3. Pay a flat fee of $77 [incl GST]

 

Hassall’s Litigation Services will complete a Letter of Demand on its letterhead. The letter will be sent, within 7 days of payment, to your debtor. This demand letter serves as a warning to pay the money or further legal action may be taken.

This new service will only cost you $77 [inc GST] to have the letter completed, printed and delivered.

Once the Demand Letter has been sent

No further action will be taken. However, if you require further assistance, simply contact us and we may assist you to commence proceedings to recover your debt.

 

To complete your Letter of Demand, simply click here.

 

If you know someone chasing an outstanding invoice – let them know about this service today!

 

This article provides information that is general in nature and is not a substitute for legal advice.

Disputes with your neighbour Part 3

Disputes with neighbours are unfortunately on the increase in Victoria.

 

We have written two articles advising on these disputes. One of them deals with fencing disputes and the other deals with adverse possession.

 

The fundamental message in the previous two articles is that having an amicable, constructive and supportive relationship with your next door neighbour is perhaps more valuable than living in the house of your dreams. If you have a dispute with your neighbour then it should be resolved quickly or else it may lead to the souring and destruction of your neighbourly relationship which signals the beginning of a living nightmare.

 

This article deals with disputes arising out of the neighbour’s trees.

 

There are no specific State or local laws relating to disputes between neighbours about trees. Disputes about trees are covered by “common law”, which is law that has been developed by Courts over time.

 

Most disputes are to do with overhanging branches or roots encroaching onto a neighbour’s property. You are entitled to cut off branches overhanging your property and to dig up roots on your property.

HOWEVER, this must be done in such a way that it does not cause unnecessary damage to a tree. Also, you cannot enter your neighbour’s property without permission. Even if your neighbour’s tree is overhanging your property, you should tell your neighbour before you cut off branches because firstly, your neighbour may offer to assist in trimming the tree and secondly, if you destabilise the tree this may cause problems with the neighbour.

 

A property owner is responsible for all trees growing on his/her property and with respect to neighbours, must ensure there is no nuisance caused to the neighbouring property by the tree branches extending over the neighbour’s property and the tree’s roots growing under the fence and into the neighbour’s property.

 

Tell your neighbour what you plan to do and ask what they’d like done with the branches and roots that you cut off, as strictly speaking, these remain the property of the tree owner.

 

For more information, speak with us today.

 

This article provides information that is general in nature and is not a substitute for legal advice.

December Seminar

SPECIAL INVITATION

We’re holding a special seminar where we’ll discuss the benefits of having a Will and Powers of Attorney in place – and what can happen if you do not.

We’ll show you a number of areas people often overlook in their wills, which leads to additional stress, heartache and financial loss for their families. We see these oversights happen on a regular basis – but they are easily avoided. We’ll show you how.

The seminar is FREE to attend – and there are only SIX spaces available.

WHEN: Wednesday, 21 December 2016 from 6pm to 6.30pm.
WHERE: 308 Highett Rd, Highett VIC 3190

Bookings essential! 

To confirm your seat, simply call our office on 9555-7233

OR

Send us an email via our “Contact Us” page.

If you know someone who should attend this seminar – SHARE this invitation with them by clicking here!

Family Law Binding Financial Agreements or Consent Orders: A little now or a LOT later.

We had a client who separated from his wife in 2005. In order to save money, they hand-drafted and signed an agreement between themselves as to how the assets and liabilities of the marriage, including superannuation, were to be divided. The assets and liabilities of the marriage were then divided in accordance with the agreement. At the time both parties agreed that the outcome was fair and reasonable. They did not file for divorce.

In 2014, the wife ran out of money and decided to make an application at the Federal Circuit Court seeking property orders and spousal maintenance. She argued that the agreement that she and the husband had signed was not binding and wanted the Court to make Orders as to the distribution of the parties’ assets and liabilities 9 years after separation i.e. “take a second bite of the cherry”.

 

This resulted in expensive litigation for both parties but they settled the matter just before a trial. The husband paid the wife a token sum of money to finalise the matter. The wife spent more money on lawyers than she was paid by the husband and the husband spent money on lawyers to defend the court proceedings and had to pay the wife the settlement sum. All in all, a lose-lose situation for both parties.

Had the parties obtained legal advice and paid lawyers to assist them in entering into a Binding Financial Agreement or Consent Orders in the first instance in 2005 when everything was amicable, each party would have only spent a fraction (approximately 25%) of what they had spent in litigation.

 

T’was the night before Christmas….

This is an example of parents who separated without a Parenting Agreement or Parenting Orders:

The parents agreed that the children would spend each alternate Christmas with each side of the family. One year, the paternal grandfather was gravely ill – “it’s his last Christmas” she told her former husband. With no formal written agreement in place as to the children’s time with each parent, the Mother took the Children that Christmas, even though it was agreed that the children would spend that Christmas with their Father.

Fast-forward a few years, the paternal grandfather is still alive, and still without a formal written agreement in place, the Mother decides again that she wants the children for Christmas. Again, it’s “not her turn”. She turns up at the former husband’s house on Christmas Eve and takes them away with her. Without a formal written agreement, the Father was not able to enforce the verbal agreement the parties had.

 

Lesson learnt

As time passes, circumstances change. And if there are no legal binding documents in writing to protect the arrangements with the children, your rights and the agreement between you and the other party, then you are exposing yourself to the risk of bitter, expensive and long drawn out Court proceedings later.

 

Here’s what you should do if you separate:

  1. If you have a property/spousal maintenance matter, collect as many financial documents as you can in relation to the assets and liabilities of the pool, for example, bank statements, superannuation statements, tax returns, share dividend statements, trust documents etc.
  2. Consult with a solicitor to obtain legal advice in regards to your rights and entitlements under the Family Law Act 1975. Bring the documents above to the appointment.
  3. Instruct your solicitor to negotiate with the other party after the exchange of documents has taken place (“discovery”). Prior to the issuing of any proceedings for time with the children, the parties must attend upon a registered Family Dispute Resolution Practitioner and attempt Dispute Resolution (there are certain exemptions from this requirement).
  4. If negotiations are successful and you come to an agreement with the other party, instruct your solicitor to draft a Binding Financial Agreement or an Application for Consent Orders and have both parties execute the document. For an Application for Consent Orders, the Application along with the relevant documents must be filed at the Family Court for approval of the Court.

If you know someone who has recently separated, help them out – and share this article with them, by clicking here!

Speak to us to have a written agreement in place that can protect you, your assets and your family.

 

This article provides information that is general in nature and is not a substitute for legal advice.