Most of us will experience the roller-coaster of emotions that come with buying and selling our home at one point or another in our lives. It's exciting. It's intense. And even if you've done it many times, it is always incredibly stressful.

And you really want to get it right! There is a lot riding on this transaction - you are dealing with what is possibly your biggest investment. It is our job to make sure everything comes together seamlessly.

There is so much to come together: whether upsizing or downsizing, to arranging the move, finding new schools for children, relocating animals.... the list goes on! You can rest assured that when it comes to the legal stuff, we will make sure every 'i' is dotted, every 't' is crossed.

We can assist you with your residential purchase or sale, from pre-exchange through to settlement. Conveyancing involves navigating the many legalities that can pop up. From compliance certificates to council easements and covenants, as well as other restrictions and disclosure requirements, which limit what you can and can’t do with your title.

We also specialise in commercial and retail leases and sales, which have added layers of complexity. Contract and lease preparation, GST implications, land, and capital gains tax requirements are what we excel at, we make sure you avoid unexpected delays and costly penalties.

You get the added benefit of using a lawyer (not just a conveyancer), we can advise on self-managed super funds, help with mortgage loan documentation, and supply guarantor advice. We are registered members for the digital platform (PEXA), utilising the latest purpose-built e-conveyancing software.  The process is transparent, and immediate. Having this information in real time at the precise moment monies exchange hands is crucial, because getting it wrong can cost you big time.

Get it right from the start and speak to Full Circle Legal for expert advice and guidance.

Effective and constructive estate planning involves many aspects beyond a will. From the complex legal documents to the challenges of maximizing the legacy left to your heirs, it can be hard for many people to fully wrap their heads around what’s needed in their estate plan.

Examples of what can be done include:

• Setting up trusts that hold assets on behalf of a beneficiary
• Knowing whether to avoid probate by setting up a revocable trust 
• Limit exposure to estate taxes by using an irrevocable trust, or to
• Create a testamentary trust which is a trust inside of your will

Power of Attorney

A power of attorney allows you to designate someone to step in and manage your finances should you become incapacitated. This document is especially important for singles since there is no spouse to immediately jump in to serve in this role. If you are single and don’t have a power of attorney designated, a court will decide who should serve as your guardian, and it’s possible that the court may select someone that you may not view as the ideal candidate.

Health Care Directives

Health care directives function similarly to a power of attorney. The difference is that while a power of attorney handles your financial decisions, health care directives handle your medical decisions. There are two main documents in this category. A living will is a written statement that provides instructions for your health care should you become incapacitated. The second document, a health care proxy, designates a person who will make medical decisions on your behalf if you become incapacitated. If your family members disagree about your care, it’s good to have these documents in place to ensure your wishes are carried out.

Beneficiary Designations

Beneficiary designations are found on retirement accounts and life insurance policies. These designations dictate who will receive benefits when you pass, and they supersede what’s in your will, making it important that you review your designations on a regular basis. We recommend reviewing your beneficiary designations at least once a year.

It isn’t enough to simply incorporate these elements into your estate plan—you’ll also need to review them on a regular basis to help ensure your needs will be met as your life changes. And since many of these elements involve complicated legal documents, it’s a good idea to take the time to work with an estate planning attorney so that everything is completed accurately and that all of your wishes will be carried out when the time comes.

Probate and Administration 

With or without a will, when a person dies with sufficient assets, their executor or legal personal representative will have to apply for a Grant of Probate (with a will) or Letters of Administration (without a will).

The process is a technical one and applications are not always straight forward and simple.

Assets need to be called-in, some need to be sold, some transferred, and then there are creditors knocking at your door. It’s tough facing all these stresses, particularly in a time of grief.

At Full Circle Legal, we pride ourselves on our empathetic approach and caring nature to walk you through this difficult time. If in doubt, please reach out.

 
 A lot of people make the mistake in the belief that they are too young and don’t need it.

Anything can happen. Get it done. Get it sorted. Don’t leave your loved ones with the onerous task of applying to be a financial manager or you may even find yourself in the care of the  NSW Trustee & Guardian.

Business dealings gone wrong? Ripped off by a supplier? An employee giving you serious grief? Less than happy with the work of your builder? You have wandered into 'Dispute Resolution' territorry.

We help you to settle your dispute quickly - with minimal financial (and emotional) pain. 

A dispute handled improperly can quickly become a serious claim and can result in lengthy and costly litigation.

And if litigation becomes the only option, we are here to advise you on the process, to talk through the most likely outcomes, and assist you in making the best decision.

Some other areas we can help you with:

DEBT RECOVERY ISSUES

Whether you are chasing or being chased - we can advise on the best course of action. If someone owes you - we can send out Letters of Demand, Statement of Claim, or even Statutory Demands for a business. This is often enough to get the debt paid, but if not, we can swing into action to enforce your rights. We advise you on the risks and rewards for each option.

And if the shoe is on the other foot and it is you that owes money, we can help you explore various options, from payment arrangements right through to insolvency.

 
NEIGHBOURHOOD DISPUTES
Whether it's a dodgy dividing fence, an overgrown tree or neighbours with no noise filter - neighbourhood disputes can be a minefield. After all, no one wants a problem with people you see every day - however it is important to know there are laws to protect you.

Here at Full Circle Legal we work collaboratively with you and your adversaries to achieve an outcome that works for everyone, and often without the need for litigation. Because at the end of the day if we can stay out of the courts it is usually better for everyone.

If you find yourself involved in a dispute, let us help you avoid an expensive fight.

Property law includes your leases, retirement village contracts, SMSF (that’s Self Managed Super Funds), your mortgages, loans and those back-braking 1000+ page development contracts. Yes, we do it all. But what it is about property law that makes it so complicated. Firstly, property means $$$. It’s not something that you want to handle lightly. Secondly, there are prescribed forms where the LRS, the land titles office, tell you which T’s to cross and which I’s to dot. And traditionally banks can be quite a challenge to deal with. We are here to take the pain away, to be your intermediary, and to make sure you don't get caught in any of the many legal landmines out there.

Our point is this: if you need advice about purchasing through your Super Fund, advice on loan documents and mortgages (which is now a requirement for some banks), or want to buy an off-the-plan apartment, contact our office and we will gladly help you navigate through this complicated, and often mountainous paperwork.

Our experience in property law will ensure that you receive the right advice and are fully informed about your decisions.

Do you need a will? The answer (even if you don’t own much) is YES! 

A will is the document that lays out who you want to take over your assets when you die and helps ensure that your assets are distributed properly when the time comes. If you currently have young children, your will should also state who you would like to serve as their guardian in the event you and your spouse become incapacitated.

Believe it or not, in most cases we are worth more in death than in life. We all have superannuation and, sometimes, there will be a linked life insurance policy, potentially in the $100,000s. This is just one example. Without a will setting out your wishes, the process is complicated and your estate may be distributed in ways you might not wish.

Without a will, the laws of intestacy apply and your estate will be distributed in accordance with the legislation. We all know life is short, so don’t put off making a will.

Another common question which is tossed around is: Can my will be challenged?

More often than not the answer is: yes.

But, it’s not as straight forward as you might believe. It is a complicated area of the law and there are rules and criteria which need to be met before someone can challenge your will. This area of law is called Family Provision, or as commonly referred to by the general public “contesting the will”. There are means and methods to reduce the possibility of claims, however nothing is iron clad. The moral of the story is: your will is an important document.

Speak to the professionals at Full Circle Legal to receive expert advice in preparing your will to ensure your testamentary wishes are met and for your own peace of mind.