An Enduring Power of Attorney (EPA) is a legal document that allows an individual (called the Donor) to appoint another person or persons (called the Attorney(s)) to take care of their property and/or personal care and welfare if the Donor loses the ability to do so themselves. This appointment does not prevent the Donor from managing their own
Law Talk
Anti-money laundering and countering Financing Of Terrorism Act 2009
From 1 July 2018, all law firms must comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The Act requires us to assess the money laundering and terrorist financing risk we may face in our business. This means we have to carry out an assessment on our clients. As part of the due diligence we have to carry out,
New bright-line test rules
When the bright-line test commenced, it affected residential land bought and sold from 1 October 2015. If you sold the property within a two-year period then, depending upon your circumstances, residential land tax may have applied. From 29 March 2018, the two-year period has increased to five years. Tax may become payable if you have bought
Consequences of unpaid rates
Whether you are purchasing your first home, family home, rental property, commercial property, retirement home, or simply refinancing your property, you may not remember the consequences of not keeping your rates paid and up to date with your local Councils. When signing that all-important mortgage enabling your loan funds to be available on
Talking about rural leases
A rural lease (“lease”) is a legally binding document which governs the relationship between the landlord and the tenant for the use of rural land. Often rural leases are entered into as a gentleman’s agreement with a handshake to seal the deal. This works fine until something goes wrong and/or there is a disagreement between the landlord and
Talking relationship property and contracting out agreements (prenups)
The division of relationship property is regulated by the Property (Relationship) Act 1976 (“RPA”), the intention of which is to recognise fair division of the relationship property at the end of a relationship. There is a presumption of equal 50/50 division, unless this can be disputed or there are certain mitigating factors. Factors such as
What does having a will mean and what happens when people die without one?
A will is a legal document that lets you decide how you want your property, care for you dependants (partner, children etc.) and your body to be dealt with after you die. A will only comes into effect once you die and is arguably the most important document you will ever sign. A well drafted will can reduce emotional and financial strain for
How to give notice to your tenant and what you can do if a tenant is no longer paying rent
These are two questions we occasionally hear from landlords – we hope our answer helps! Please contact us if you need further help on these topics… How to give notice to your tenant There are two types of tenancy agreements which a landlord and tenant can enter into: periodic tenancy and fixed term tenancy. Periodic tenancy has no fixed end
