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What happens if I die without a will? Why should I make one?
By Nicholas Kyriakoudes and Peter Bahlmann For many writing a will is a confronting task. Thinking about death and planning how you will support your family after you die is a challenging thought. However, making a will is necessary for [...]
Parent to child loans. Should I loan my child money?
By Nicholas Kyriakoudes and Jasmine Cario Is it a loan or a gift? In equity there is a presumption (called the presumption of advancement) that when money is advanced from a parent to a child (or between a husband to [...]
What is a power of attorney and an enduring guardianship? Do I need one?
By Jasmine Cario and Nicholas Kyriakoudes What is a Power of attorney? A power of attorney is a legal document that gives another person (or more than one person), called your attorney/s, the authority to make decisions over your legal [...]
Life estates, rights of residence and their use
By Jasmine Cario and Nicholas Kyriakoudes In some cases, you may wish to leave someone a right to live in your property after you die, but you want to gift the legal ownership of the property to someone else. This [...]
The dangers of self-made wills
By Nicholas Kyriakoudes and Peter Bahlmann Preparing your own will may seem appealing and cost effective, but there are significant risks with will kits and ‘home-made’ wills. The importance of having a lawyer test capacity For any testamentary document to [...]
Tenants’ fixtures and removal
By Nicholas Kyriakoudes and Peter Bahlmann Is it a fixture or chattel? Contracts for the acquisition of property often include a clause under which the purchaser becomes entitled to any fixtures attached to the property. Generally, fixtures are those immovable [...]
Little Known Provisions of the Retail Leases Act
By Kerry Kyriakoudes I would like to draw to your attention to lesser-known provisions of the Retail Leases Act which may be of benefit to Tenants. 1. Opportunity for Tenants to have current market rent determined early (Section 32, Retail [...]
How does the family court divide property between former partners?
By Nicholas Kyriakoudes When couples separate, the question of how their property is distributed usually comes to the fore. Particularly in circumstances where separating parties have built their life together and have bought and accumulated assets jointly, property settlement can [...]
Have you been left out of a will? Or are you concerned about someone you have left out of your will?
By Nicholas Kyriakoudes The death of a family member or loved one can be an emotionally challenging and draining time. This is particularly so where someone feels they have been unfairly omitted or not properly provided for in the testator’s [...]
Do I need to protect my information with a confidentiality agreement?
By Nicholas Kyriakoudes and Peter Bahlmann Ordinarily, information does not constitute property and therefore there is no restriction on what a person may do with information they hear, read, or otherwise obtain. This becomes problematic with respect to certain information [...]
