A Will is an important legal document which sets out a person’s testamentary intentions. If a person dies without having made a Will, the person dies intestate and their assets are distributed in accordance with a statutory formula. In such a situation, the people the deceased may have intended to share in their estate may not receive anything at all or a significantly lesser amount. An intestate estate also leaves a costly legal mess for your loved ones to have to sort through at a time when they are likely to be also grieving at their loss. It is much simpler to have a Will in place and avoid this.
At JNT Legal we will work with you to prepare a Will which gives effect to your testamentary intentions. We will discuss your personal circumstances and undertake an estate planning exercise taking into consideration what your assets comprise, superannuation issues, whether your assets may need to be re-structured, your relationship status, whether you have children of previous relationship whom you wish to benefit, guardians for your minor children and testamentary trust issues.
Divorce and Family Law
Separating from your spouse is often a traumatic experience and not many people know where to start. At JNT Legal we have highly experienced solicitors that provide family law advice for both married and de-facto couples who have already separated and/or parties who are contemplating separation and want to know how the process works. The Family Law Courts are presently overloaded with parties who have been unable to resolve their dispute by consent and are seeking the Court determine their matter. As a result, some parties end up in the Court system for years before their matter is finally determined.
At JNT Legal, our first aim is to try to resolve children and/or property issues by mutual agreement. Should the parties come to an agreement, then we can prepare Consent Orders or a Binding Financial Agreement giving effect to the agreement reached. The major benefits of the parties being able to resolve their dispute by consent is that it avoids costly, often bitter litigation and the delays of the Court system. It also allows the parties to move on post separation and helps to preserve the asset pool.
Enduring Power of Attorney and Enduring Guardian
An Enduring Power of Attorney is an important legal document which gives another person or persons the authority to make legal and financial decisions on your behalf. This document can be adopted to suit your needs – from having another take care of your affairs for a specific time, say if you travelling for an extended period of time and or only if you lose capacity. Most commonly the appointment is made generally which allows your appointed attorneys to act for the date they are appointed.
An Appointment of Enduring Guardian appoints persons to make health and lifestyle decisions on your behalf should you at point in the future lose capacity to make decisions for yourself. Many appoint their spouses and/or children to act as their Guardians and include specific provisions authorising the release of medical information and their directions as to medical treatment options – for example if the person is held on life support
Deceased Estate Administration
At JNT Legal we very much understand that dealing with the loss of a loved one is difficult but when you also are required to administer the deceased’s estate in a timely manner, then the process can become overwhelming. We offer specialist advice and can undertake all of the legal requirements involved with administering a deceased estate including without limitation:
- Determining whether a Grant of Probate and/or Letters of Administration are required;
- Applying for a Grant of Probate and/or Letters of Administration;
- Identification of the assets and liabilities of the Estate;
- Obtaining valuations of the assets;
- Corresponding with the deceased’s financial institutions and realising the assets of the Estate;
- Sale and transfer of shares;
- Corresponding and negotiating with superannuation trustees;
- Paying estate debts including mortgages, funeral costs and other testamentary expenses;
- Arranging for the completion of estate tax returns;
- Negotiating Deeds of Family Arrangements wherein there is an agreed departure from what is stated in the Will; and
Defending family provision proceedings in the Supreme Court Contact
At JNT Legal we appreciate that purchasing and selling a property can be a stressful time which is why we have a full-time conveyancer employed to assist you throughout all stages of the purchase or sale of your property. Whether you are a first home buyer or have purchased or sole previously, whether the property is a house, strata unit, vacant block of land, commercial or rural property, we are able to assist.
JNT Legal can assist you:
- Prepare and review Contracts for Sale;
- Arrange for building and pest inspections and strata reports;
- Negotiate amendments to the Contract;
- Arrange for the discharge of mortgages secured on title; and
- Attend to completion of all other aspects of your purchase or sale
Retail and Commercial Leases
If you are the owner of retail or commercial premises which is being leased or a tenant presently leasing premises, then we an assist. At JNT Legal we have an experienced solicitor who can assist you with all aspects of your Lease whether that is:
- Preparation of Lease and Disclosure Statement;
- Negotiation of the Lease terms in relation to rent, outgoings, improvements;
- Preparation of the Deeds where you are assigning or sub-letting your interest in the Lease; and
- Advise and act on a breach of Lease.
Also, JNT Legal can assist you with commencing and defending proceedings in the NSW Civil and Administrative Tribunal.
If you have been left out of a Will entirely or you believe you have been unfairly treated in terms of the amount of the inheritance you are to receive from an estate, then depending on the circumstances you may be eligible to file a claim in the Supreme Court seeking orders that further provision be made for you. These types of claims are called family provision claims and there are strict rules in relation to who is eligible to bring such a claim and timeframes in which any such claim must be made.
At JNT Legal we have solicitors who have a wealth of experience in both bringing and defending family provision claims in the Supreme Court. We have also negotiated numerous out of Court settlements and executed Deeds to give effect to the agreement reached between the parties, the benefit of which avoided the expenses of Supreme Court proceedings.
Debt Recovery Law
If you are owed money or if you are disputing a debt, JNT Legal has solicitors with experience in debt recovery issues. If you are owed money then at first instance, we attempt to resolve the outstanding debt by negotiation however, if that fails and the debtor still has not paid, then we expeditiously pursue the outstanding debt through the Courts. Once judgment has been obtained, there is a variety of enforcement mechanisms which can be used depending on the circumstances to collect the debt including:
- Writ to Levy Property – authorises NSW Sheriff to attend, seize property owned by the debtor which can then be sold;
- Writ for Possession – authorises NSW Sheriff to attend at the premises, evict the occupier and then sell the property;
- Garnishee Orders – compels the payment of wages or monies being held by a third party to you rather than to the debtor;
- Examination Summons – compels the debtor to attend at Court and disclose the full extent of their assets; and
- Bankruptcy – where a Trustee in bankruptcy is appointed to make the person bankrupt.
Notary Public Law
A notary (also referred to as a ‘notary public’ or public notary’) is a practising lawyer appointed by statute or Commission to hold a unique public office. They have the internationally recognised power and authority to prepare certificates of Australian law. This includes documents such as contracts and deeds which are authenticated by signature and official seal (‘notarised’) in a manner which renders them acceptable to the judicial or other public authorities in the countries in which they are produced. If you require a document notarised then please contact JNT Legal and arrange a time to attend.