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Family & De Facto Law

Family Law deals with particular family matters, for example, separation, divorce, children and property settlements. These items are individual to each relationship, and are covered by the Family Law Act 1975.

If your intention is to separate, you should get advice first so you know where you stand regarding paying the mortgage, joint bank accounts and supporting your children.

You may also need advice on filing for divorce and the implications plus the correct procedures that will make this sometimes traumatic step easier to deal with.

De Facto relationships are covered under the Family Court Act 2000 and may be complex and obtaining legal advice will answer your questions about entitlements and property settlements.

We have an Accredited Family Law Solicitor who is experienced in married and De Facto relationships.

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Deceased Estates

Kroon Legal can assist with:

  • Preparing and obtaining a Grant of Probate and Letters of Administration;
     
  • Administering the Estate or any part of it, on behalf of the Executor; and
     
  • Any other matters relating to the Estate.

If you are named as an Executor of a Will, it is important to understand your responsibilities or what is required if a person dies without making a Will.

What is an Executor?

The Executor is a person named in a Will and who is given the responsibility of distributing the assets in accordance with the deceased person’s wishes.

If you don’t want to accept the appointment you should decline before doing anything in relation to the Estate.

An Executor must be at least 18 years of age.

The Executor can also be a beneficiary of the Will, and more than one Executor can be appointed and are required to work together in their role.

If necessary, an Executor can engage the services of a Lawyer or Accountant to help with any legal or accounting duties in relation to the Estate. Any fees are usually paid from the Estate funds.

Duties of an Executor:

  • Locate the original Will and verify that it is the latest; the Executor must be named in the latest version;
     
  • You are not legally bound to have a formal reading of the Will, it is up to the Executor;
     
  • The Will gives the Executor authority to act, but you may need a Grant of Probate to deal with certain assets of the Estate;
     
  • Check any special instructions in the Will or otherwise, regarding organ donations or medical research;
     
  • Make the funeral arrangements, either burial or cremation, as specified in the Will. Although, the Executor can make decisions about funeral arrangements and may consult with the family;
     
  • Establish what the assets are and if there are any liabilities;
     
  • Depending on the value of the Estate and the type of assets, you may have to obtain a Grant of Probate from the Supreme Court. Generally, where there is real estate, more than $15,000 in accounts in individual banks or other financial institutions, shares exceeding $15,000 in value, or superannuation or life insurance proceeds over a certain amount, a Grant of Probate will be required before the Executor is able to disburse those assets;
     
  • Advertise for any claims to be made against the Estate;
     
  • Pay funeral expenses, all debts and Will expenses out of the Estate;
     
  • Some Estate funds may be required to be held in trust until a beneficiary reaches a certain age. Your duty is to invest those funds as authorised in the Will or by Law;
     
  • Insure any assets that are required to be insured pending distribution. This is important when it relates to the home of the deceased;
     
  • Finalise taxation issues;
     
  • Distribute assets to the entitled beneficiaries. Partial distributions can be made with a final distribution when all liabilities have been paid;
     
  • Take accounting and legal advice where required. As an Executor, you are personally responsible for the Estate.

Where there is no Will or Executor

When a person dies “Intestate” it means the person died without making a Will. Any adults entitled to share in the Estate can apply to administer the Estate. This is called “Letters of Administration”.

Where there is a Will, but no person has been appointed to take the responsibility of the Executor, the adult beneficiaries are entitled to apply to administer the Estate. This is called “Letters of Administration with the Will Annexed”.

In both cases, applications must be made to the Supreme Court and the person approved to administer the Estate is called an “Administrator”. The Administrator has similar duties to an Executor.

All Lawyers fees and disbursements are expenses payable out of the Estate and apply to both Executors and Administrators.

The cost of a Lawyer acting in relation to a Deceased Estate will depend on the complexity of the matter.

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Wills & Trusts

About Wills
Why Make a Will?
When should you update a Will?
The Executor
Why Pay a Solicitor to Draw up Your Will?
Enduring Power of Attorney
 

About Wills

A Will is a document made by a person to:

  • Appoint someone of their choice as Executor to administer their Estate after death, and
     
  • Dispose of all their real and personal property after death.

There are formal legal requirements for a Will to be valid:

  • The person making the Will must be over 18 years of age;
     
  • The person must be of sound mind;
     
  • The Will must be in writing and be clearly identified as the person’s Will;
     
  • The Will must be signed by the person making the Will in the presence of two witnesses who are over 18 years of age and who are not beneficiaries; and
     
  • The person making the Will and the witnesses must all sign in the presence of each other.

You can include in your Will details of your funeral or cremation, whether you want to donate your organs and you can appoint a guardian for your infant children.
 

Why Make a Will?

When you make a Will, you decide who benefits from your Estate when you die and who you would like as the Executor to carry out your wishes.

If a person dies without a valid Will, this is called “Intestate” and statutory law decides who the beneficiaries are. You and your family will have no say in the matter. The entitlements depend on which family members survive you, and the value of your Estate.

Without a Will, a Public Trustee may become the Administrator of your Estate, instead of a person or persons that you would prefer.
 

When should you update a Will?

You should review your Will every three to five years or when there is a change in your personal or financial situation, such as separation or acquiring or selling land.

If the Will still reflects your wishes, nothing needs to be done at this time.

In Western Australia, a Will becomes invalid when you marry and divorce, but separation does not affect it. In such cases,  it is advisable to make a new Will.
 

The Executor

This person must be over 18 years of age and can also be a beneficiary of the Will.

An Executor’s role is important as he or she is entrusted to carry out the provisions of the Will. It is advisable to check with the person to make sure he/she is willing to be your Executor before you name them in your Will.

More than one Executor can be appointed and you can provide for substitute Executors if your first choice is not able to act.
 

Why Pay a Solicitor to Draw up Your Will?

The Will is prepared to reflect your instructions and your choice of Executor. For this service you pay the Solicitor’s normal fee.

If the Public Trustee and/or private trustee companies draw up your Will, there is no upfront charge, but you are required to appoint them as your Executor.

When you die, the trustee company administers your estate and is paid a commission to do so at the expense of your beneficiaries. The commission is calculated as a percentage of the gross value of your Estate, regardless of how simple the administration of your Estate might be.

Even if your nominated Executor seeks assistance from a Lawyer to administer your Estate, the fees charged relate directly to the actual work required, and not a percentage of the value of the Estate. Fees will usually be considerably less than the amount a trustee company would take as commission.

Also, it is the Executor’s choice whether or not to engage a Lawyer.

Many people use Will forms or Will kits to draw up their own Will. Whilst this may seem to be less costly, if the Will isn’t properly prepared, it could lead to increased costs, delay and anxiety of family members to remedy the problems.

Having a Will prepared by an experienced Lawyer will give you peace of mind that your family won’t have unnecessary problems with your estate after you die.

 
Enduring Power of Attorney

While you are healthy, you can sign an Enduring Power of Attorney as a precaution to safeguard your assets. This document appoints a person(s), of your choice, to look after your financial, property or legal matters if you are not able because of suffering brain damage from a stroke or accident, or suffering from Dementia or Alzheimer’s Disease. This appointment can be effective immediately, or take effect only when you are deemed legally incapable.

When you die, an EPA is no longer valid. This document is as important as a Will.

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Commercial Law

Commercial Law relates to:

  • Company Issues;
  • Goods and service and trades practices;
  • Mergers and acquisitions;
  • Intellectual property issues; and
  • Regulatory and governance issues.

We have Lawyers who are able to give advice, prepare documents and provide representation in these and other issues to do with Commercial Law.

We are happy to discuss your individual requirements.

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Debt Recovery & Litigation

Individuals and small businesses are often placed in difficult situations when recovering a debt. You may be inexperienced, yet the person who owes you money may be a past master at evasion.

Receiving a letter from a Lawyer lets the person in debt know you will not tolerate this kind of situation. It allows you to step away and let an independent person negotiate the recovery.

If you need advice on:

  • Recovering debts from family members;
  • Creditors and debtors;
  • Joint ventures and partnerships;
  • Contractual disputes; and
  • Leasing disputes

Kroon Legal can assist with debt recovery and litigation in most circumstances.

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Land & Business Settlements

Buying or selling your home or other real estate isn’t something you do everyday, so there is a lot of merit in getting legal advice before you sign the Contract of Sale. There are certain enquiries you should make about the property as these may reveal restrictions on the use or development of the land, which could conflict with your plans.

When selling a property to buy a new one, the Contract should include special clauses to make the proposed purchase conditional on the sale and settlement of your existing property.

Clauses could also include structural inspections, electrical reports and termite reports which are all strongly recommended before purchase.

Once the Contract has been signed, you may be legally obligated to settle. You may not be able to do anything about an electrical problem, if the clause requiring a satisfactory report was not included in the Contract.

When selling land you need to know there aren’t any caveats on the title or other interests, which may cause problems or delays when completing the settlement.

Kroon Legal has experience Lawyers able to settle on the sale or purchase of land or other real estate. We will:

  • Advise generally on the Contract or other matters associated with settlement;
     
  • Liaise with your bank regarding any discharge of existing mortgage or preparation of a new mortgage;
     
  • When acting for the buyer, investigate any conditions included in the Contract and discuss any interests or claims concerning the property;
     
  • Contact rating authorities and confirm there are no orders or requisitions that might affect the property;
     
  • Attend settlement and check all relevant documents before and at settlement to ensure it goes ahead on the due date and is not delayed because of document problems; and
     
  • After settlement, provide a booklet containing all relevant documents as your record of the transaction.

If you have problems with the other party concerning the Contract or settlement, a settlement agent cannot give you legal advice. If we are settling for you, we can provide legal advice straight away. If extensive advice is required additional costs may be charged. This will be discussed before taking your instructions.

Lawyers can prepare Contracts of Sale and you don’t need to use a real estate or settlement agent in a private sale, or in a transfer of land between family members.

Settlement Agent or Lawyer

You can choose who you want to settle for you, so it is important to know Kroon Legal can act for the buyer or the seller and your fees will be at settlement agents’ rates or less. Ask about our competitive rates.

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