Immediate Steps

If your loved one has passed away a death certificate is issued. You need a funeral director to arrange the funeral. Financial matters including notifying any pension provider, should then also be considered and if necessary, financial bodies notified of their passing.

Applying to Court for Probate of a Will

If someone dies with a written Will document, it is often a requirement before you can deal with assets to apply to the Supreme Court for a Grant of Probate of the will. The person who is able to apply to be appointed Executor, is the person named as Executor in the will. In this application you ask the court to accept that the will is the last valid will of your loved one, and to give you the right to act as the legal representative of the estate. Ordinarily you would require the assistance of a solicitor to apply to the court. Once the Executor is appointed, they are authorised to administer the estate assets, but they are also responsible to pay any estate debts, and distribute the balance of assets in accordance with the Will. The Executor is liable to any beneficiaries, and to any person who is owed money by the estate, to deal with the estate assets properly. There is a requirement to finalise an estate within 12 months, so it is important to take steps reasonably quickly.

Applying to Court for letters of Administration

When there is no will, to be able to deal with estate assets, one of the persons entitled to inherit can apply to the Supreme Court to be appointed as Administrator of the estate. Usually this requires the consent of any other people entitled to inherit the estate assets. When there is no will, a person’s assets are gifted by the rules on intestacy outlined in the Succession Act, 2006, NSW. The general order of inheritance is first spouse, then children, then parents, then siblings, and then to more distant relatives. The order of inheritance depends on the particular circumstances of the family, and you should speak to us to clarify them. Once someone is appointed Administrator, their role is like that of an Executor, as outlined above.

We are happy to discuss your situation to clarify anything that you are dealing with right now. If you need help with an estate matter, please contact our staff in our Estates Department to make an appointment to discuss your needs on 0298337205, or email us at info@thomasadamssolicitors.com.au

It is vitally important to have an up to date will in place. Anyone with a family knows how much they want to take care of those close to them. But it can be difficult to think about and plan for the end of life.

It is important to do everything possible to ensure your loved ones are taken care of. The last thing anyone wants is for their family to experience financial loss because of an out of date will.

Wills

Why do a Will?

A Will document outlines who will receive your property after death. If you do not have a Will, then your property is distributed according to the intestacy rules in the NSW Succession Act. While these rules try to provide for your immediate family, they cannot take the place of a valid Will.

In a nutshell, if you have no Will, you do not get to make any choices about your property and who it will go to after death.

Thomas Adams Solicitors prepare a basic Will for an all-up cost of $550.00, or basic Wills for couples for an all-up cost of $660.00.

No Will

If you do not have a Will, your property ordinarily will still pass to your immediate family.

The rules of intestate distribution are set out in the NSW Succession Act. Who gets what depends on whether you are married or in a de facto relationship, have children, brothers or sisters, or parents who survive you.

If you die without a valid Will, your ability to choose who gets what is lost.

Wills & Estate Planning

Important decisions in making a will include who you choose to be your executor.

The executor is the person or body appointed by you to take care of your estate property. This is an important role and you should choose someone you can rely on.

And of course most importantly you must decide how you leave your property. Sometimes this is an easy decision. Most people who are married or in a long term relationship with children simply leave their property to one another and then on to their children. But modern families are not all like that.

Those who might be in long term relationships and have children to a former partner, or who have dependant adult children with disabilities have to make more complex decisions about their property and assets. Similarly if you have significant assets, you may approach their distribution in a more complex fashion.

Sometimes you may consider leaving property in trust for some of your family. A trust means that they cannot access the property directly, but that someone else takes care of it for them. A trust is a valuable means of protecting assets.

Whatever your situation, nothing beats obtaining some good advice about how to best protect and look after your family.

Powers of Attorney & Guardianship Appointment

It is devastating to a family when a loved one experiences a loss of capacity of any kind.

But while this can often occur as a result of accident, illness or just the passage of time, often people do not have in place any effective and legally valid plans to cope. This can make the task a lot harder for the family, who maybe left to apply to the Guardianship Tribunal for the authority to care for their loved one.

Having a valid and enduring Power of Attorney prepared which authorises someone to sign documents and enter into legally binding transactions can be invaluable. Equally the appointment of a legal Guardian, someone who can make decisions about where you might live, or give consent to medical treatment can be invaluable.

Living Wills or Advance Health Care Directives

Living Wills or Advance Health Care Directives are a written expression of your wishes in the event of a particular set of circumstances generally around end of life.

These circumstances are defined in the document, and generally relate to some illness or injury and your wishes regarding certain types of treatment. For example, if you were suffering from a terminal illness, and in certain circumstances did not wish to be revived, you may specify this wish in such a document.

Of course while you retain capacity and the ability to communicate you can always express your wishes directly to your family and any doctor. But if you have lost either capacity , a Living Will or Advance Health Care Directive can express those wishes on your behalf.

For more information take a look at this helpful website:

https://www.health.nsw.gov.au/patients/acp/Pages/acd-form-info-book.aspx

At Thomas Adams Solicitors we are sympathetic to the kinds of issues that can arise and able to advise as to what you might do to best take care of your loved ones. We are available for out of office consultations and hospital visits.

Call now to arrange an appointment to discuss your situation and see what we can do for you.

We always approach our relationships seriously, but sometimes things just don’t work out. When this happens it is best to be fully informed about your respective rights and obligations under the Family Law rules in place.

This is even more so when children are involved.

The Family Law Act provides a well-thought out and constantly evolving scheme to help people going through the difficulties of relationship break-up. The Family Court provides a variety of services to assist people in understanding their entitlements and to reach a negotiated resolution with their former partner.

The Court has a very helpful and detailed website here:

https://www.fcfcoa.gov.au/

At Thomas Adams Solicitors we are sympathetic to the kinds of concerns that you may experience if you are undergoing a relationship break-up. We are able to advise you of your entitlements and work with you and your former partner or their legal representatives to try to reach the best outcome for all. We can help you reach a fair property settlement, and resolve any disputes involving children’s issues.

And if necessary we are able to take steps in the appropriate court to bring about a fair result for you.

If you need help or just information, contact us.

Any significant business arrangement like buying or selling a business, or entering into a franchise agreement or partnership, should be clearly documented. This is so everyone involved understands their entitlements and importantly their obligations and commitments.

Major pitfalls can be avoided by clearly defining who is to ‘do what’ and who is to ‘get what’. If this is not done, more often than not if a problem comes up, the only way to fix it is to turn to the court system. Everyone knows that without deep pockets, litigation can be a very unpleasant experience.

Whether you are buying a business, signing a lease, or just starting up a business with a partner, having proper advice can save you big time in the future. It is all about ensuring that if the worst happens, you will get the best outcome.

Below are links to give you some more helpful information about commercial and business matters:

https://www.fairtrading.nsw.gov.au/

And for some useful information about contracts:

https://en.wikipedia.org/wiki/Contract

We welcome your inquiry and the opportunity to tell you how we can add value to your commercial arrangements by helping safeguard your future.

Criminal laws protect the community from illegal conduct.

These laws are vital to the smooth functioning of our society. They cover many areas of our lives, and almost all of us at some point or another will come close to infringing even if it is just a parking ticket or speeding fine.

But of course, people can be accused of breaking the law and charged by the police when they are not guilty. And often the police will focus on the negative aspects of a situation during the process. Our criminal justice system features some important underlying principles. One is that a person accused of a crime is regarded as innocent until proven in court to be guilty. Another and very important one is that a person normally cannot be forced to give a statement to the police about pending criminal charges. This is the right to silence.

If you are charged with an offence by the police or under investigation it is essential to have the best possible assistance to help deal with the situation. The effects of a criminal conviction can be far reaching and have many future disadvantages. It is also strongly recommended not to make any statements to police without having proper legal advice first.

At Thomas Adams Solicitors we can help you with any type of police or criminal matter including traffic, assault, domestic violence or any other kind of police matter.

Contact us now and see how we can help you.

Buying or selling property is a financially significant transaction. In addition, the significance of home ownership cannot be under estimated, being both daunting and rewarding.

For a good overview of how property conveyancing works, see the information on this linked site:

https://en.wikipedia.org/wiki/Conveyancing

Property Sales

In New South Wales property sales whether of residential or commercial property, follow a standard process. The fundamental terms of agreements are usually always the same, particularly for residential purchases and sales.

The first point of selling a property is usually the selection of a selling mechanism with a specialist real estate agent. The estate agent requires a Contract for Sale for the property to be prepared before they can market it.

The Contract for Sale contains important information about the property. Thomas Adams Solicitors can prepare a Contract for Sale on your behalf.

Once the property is sold you are obliged to sell the property for the agreed price. This requires you normally to vacate the property by the end of the contracted time. The contract has a time limit, often 42 days.

From the contract date to settlement you remain the legal owner of the property and must keep the property insured. You must maintain the property and generally leave the property empty of your possessions and particularly of any rubbish.

The entire process of the transfer of the property to the buyer is handled by Thomas Adams Solicitors including arranging the settlement.

Property Purchase

When you are purchasing a property, remember the rule ‘buyer beware’.

The seller does not guarantee all of the things a buyer would usually care about. They do not give any warranties about the condition of any building, and they do not promise that the buildings have all been approved by the Local Council.

It is sensible to consider what pre-purchase inspections you should get. Too little information can cost a lot of money down the track.

At the time the Contract for Sale is exchanged and the deposit is paid, you are committed to the purchase. It is expensive to back out of a purchase and so it is always wise to undertake any inspections of the property and other inquiries before you commit to the deal.

You must be in a position to pay the purchase price in full at the settlement and so must be certain that your funds are going to be available.

Upon settlement, the legal title of the property is transferred to you.

Inter-Family Transfers

Often family members decide to have property arrangements that benefit the family.

This can involve parents going on the title of properties to help their children make a purchase, or it can involve the transfer of properties between family members.

An inter-family transfer is a little like a property purchase, but it is not always necessary to go through all of the formalities. At Thomas Adams Solicitors we can help you with every aspect of an inter-family transfer.

Guarantees

Sometimes you are involved in a loan as a guarantor. This requires you to consider things like will the borrower be able to repay the loan, and if necessary, would you be able to pay on the guarantee if asked.

It is usually sensible to get full legal advice about a guarantee, and Thomas Adams Solicitors can assist.

At Thomas Adams Solicitors we treat each transaction with particular care because we understand how important it is to you.

If you have any queries, contact us to get a quote . We can help you get the most out of it.