Monday, September 23, 2013

Contract for retirement villages

NSW Government has a standard contract for retirement villages that will be mandatory for village contracts entered into on or after 1 October 2013.
fairtrading.nsw.gov.au/.../Retirement_villages/Standard_contract_and_disclosure_documents.page
The standard retirement village contract has been designed to clearly set out residents’ and operators’ rights and obligations in a clear, standardised format.
The standard contract covers matters such as what residence rights are involved, entry costs, the settling-in period, recurrent charges, services and facilities, alterations and additions, repairs and maintenance, sharing of capital gains, and departure fees.
See the NSW Fair Trading site for details.
It includes a list of the documents prescribed by law in DOC format.

Monday, August 5, 2013

How much does a home-made will really cost?

Too many people think making a will is a simple exercise, and something they can do themselves.
Yet people’s affairs can be more complex than they realise. Any problem will not occur until the will is used to gain the grant of Probate. The problems can delay, create uncertainty and/or add substantial legal costs to managing the will-maker’s estate.

Most legal practitioners are aware of the perils and are able to advise and get the job done properly.
Should I make a will? lawsociety.com.au/community/publications.../ShouldImakeawill
Includes:
How will a solicitor help me?
    Having a solicitor draw up your will is in your interest because they will:
  • Make sure your will is valid – that is, properly drawn, signed and witnessed;
  • Make sure your wishes are clearly expressed;
  • Advise you on adequate provision for your spouse, de facto partner, children, former spouse, dependents, and any person with whom you are living in a close personal relationship;
  • Advise you on the best way to arrange your affairs at the moment to make things easier later on;
  • Advise you about tax planning, including any possible liability for capital gains tax which might result from provisions you intend to make;
  • Advise you on choosing an executor and trustee and on the executor’s right to be paid for his or her time and trouble in administering your estate;
  • Keep the will in a safe place, usually without charge.

Tuesday, March 5, 2013

Baby Boomers needs

There is a need for “baby boomers” families, particularly blended families to carefully organise their affairs while they are able to do so. See High Court case of Stanford v Stanford

While this is a family law case the process recommended should extend to wills, powers of attorney and appointments of enduring guardians for these "boomers".

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