PROPERTY
We assist with restructuring your real estate to achieve your desires and manage the distribution when the time comes.
PROPERTY LAW WITH VIVMAR LAWYERS
When you think about property law, your mind automatically turns to buying and selling properties. However, when property law and estate law is mixed, many aspects of the law need to be explored before a property can be gifted in your Will and sold or transferred by the Executors of your Estate.
With a particular focus on the areas of estate planning and deceased estates, you may need assistance with a property transaction based on one or more of the following situations.
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You are looking to prepare your Will and want to gift your property in a specific way;
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You do not know what will happen to your property when you pass away.
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You are an Executor or Administrator of an Estate where there is real estate involved.
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Your loved one has passed away and you are a co-owner of a property.
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You have been gifted a property through someone’s Will and they have passed away.
FREQUENTLY ASKED QUESTIONS
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Around the same time the new electronic conveyancing platform (Property Exchange Australia (commonly referred to as “PEXA”) was introduced, Certificates of Title (commonly referred to as title deeds) were abolished. This means that a title search is the newest form of Certificate of Title, and the NSW Land Registry Services does not produce paper Certificates of Title anymore.
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No, as PEXA requires an authorised agent, such as a lawyer or conveyancer to complete the transaction.
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Generally yes, however it is best practice to clean up the estate of the person who has died and this includes sorting out the property affairs of the deceased.
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No, the instructing client must have a legal right to instruct a lawyer or conveyancer to process a property transaction. Generally, the client is either the property owner or the Executor or Administrator of a deceased estate.
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Nominal stamp duty is payable when the property is transferred from a deceased estate to the beneficiaries.
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Capital gains may be payable upon sale of a property as part of the deceased estate administration process. There are exceptions to this and we recommend that you seek tailored advice from VIVMAR Lawyers.
NEED PROFESSIONAL LEGAL GUIDANCE?
Whether you’re managing a deceased estate, navigating property matters, or planning for the future, VIVMAR Lawyers is here to help. Contact us today for personalised legal advice and peace of mind.