Common terminology that vendors and purchasers need to know to assist you in your sale or purchase.

From 1 July 2022, dutiable value will include any late settlement interest resulting from a late settlement or the rescheduling of failed settlement.

When you decide to a purchase a property with somebody else, you will need to consider how your ownership will be registered on the title of that property. That is to say, you will need to elect your manner of holding. The two most common forms of co-ownership are joint tenancy or tenancy in common.

Stamp duty is a tax imposed by the state government on the transfer of property that is payable by the purchaser (or transferee) of that property. The amount of stamp duty payable is calculated according to the dutiable value of the property being purchased.

During a divorce or separation there are several legal matters that need to be considered, such as the custody of children and how assets and liabilities will be divided between the parties.

There is no doubt you have seen the media, but conservatorship battles aren’t just something we see in the far away celebrity world.

So who needs a Will? The answer is everyone and that includes you.

After a relationship breakdown, estate planning may not be your top priority, but here are some reasons why it should be.

The NSW Supreme Court considered competing applications for Probate and examined suspicious circumstances surrounding the execution of several Wills.

A transfer of land from a mother to an adult son was set aside on the basis that the transfer was vitiated by undue influence.

In the Supreme Court of Victoria, McMillan J provided a detailed analysis of how estrangement affects the quantum of a claim of an adult child against the estate of the Deceased.

When a loved one passes away without leaving a valid will, it may be necessary to obtain letters of administration to manage their estate.

Divorce and relationship breakdown are common experiences in society today. When a marriage or de facto relationship breaks down, the assets owned by the parties whether individually or jointly form part of the total asset pool for property settlement when the parties part ways.

The COVID-19 pandemic has caused unprecedented changes to the normal processes of our legal system. Every jurisdiction and area of law has been required to adapt to government regulations such as social distancing and restrictions on gatherings.

If you have separated from your partner whether de facto or spouse, and you have successfully reached an agreement on property matters, you can formalise that agreement and make it legally binding under the Family Law Act 1975 (Cth) (“the Act”).

Purchasing a property is an exciting event in anyone’s life. However, the conveyancing process can be quite daunting for those who are unfamiliar with it, and even ostensibly minor oversights can have drastic consequences.

In Australia, we have no fault divorce – meaning the parties to a marriage are not required to demonstrate why they want a divorce. The Act only requires that the marriage has irretrievably broken down.

Underquoting refers to the practice of advertising a property for sale at an unreasonably low price to boost the number of interested buyers and ultimately increase the final price.

When you purchase any type of real estate, you obtain (upon signing the contract of sale), what is known as an ‘interest’ in the property. Until this interest is registered with the Land Titles Office within your respective state, you are not the legal owner of the property.

What is a family provision order and who is eligible to apply for a family provision order?

At Merton Lawyers we take pride in taking the time to understand your exact circumstances, to ensure the documents we draft are right for you. Our Wills are bespoke, and this offers you flexibility and control that cannot be achieved by using a will kit.

A Section 27 Statement, commonly known as an “Early Release of Deposit Authority”, allows the vendor to request access to the deposit funds paid by the purchaser prior to settlement. It is a statement provided by the vendor that provides information required under s.27 of the Sale of Land Act 1962 (“the Act”).

The Section 32 is a mandatory document that discloses information that may affect the value of the land being sold in a property transaction. Also known as a Vendor’s Statement, the term ‘Section 32’ is derived from the correlating section under the Sale of Land Act 1962 (VIC).

A Will is a legal document that commences operation upon your death. A Will appoints a person (or persons, or an organisation) who are known as the executor/s to call in the assets of your estate, and then distribute these to your beneficiaries in accordance with your directions.