Frequently Asked Questions

Conveyancing

When should I sign the contract of sale?

If you have found a property to buy, you should ask for a copy of the vendor’s statement. This statement contains details of the property such planning, rates, easements, services which are not connected and the owners of the land being sold. The statement should be signed and dated by the vendor/s.

Once you have investigated the property you can then make an offer to the vendor/s in a contract of sale. You can make your offer subject to you receiving finance by a certain date, obtaining building and pest reports and you can also negotiate any extra conditions. If the vendor/s accepts, they will sign and then you have a binding contract of sale.

Do I need to attend settlement?

No. Settlement is conducted digitally for all properties in Victoria (with a very small class still not digital) and you will be notified of your purchase or sale after the settlement has taken place.

When do I receive the title?

If you have bought with help of a loan, the lender will have control of the title. Titles are now digital and you will not receive more than a register search statement indicating your ownership. Even when you pay out your loan, you will nominate your bank, conveyancer or lawyer to have electronic control of the title.

NOTE: when you repay your loan you should arrange a discharge of the mortgage; the lender will not do this unless asked.

Estate Planning

Who should I choose as my guardian?

This question often delays people taking action to start their estate planning. The best guardian is someone you trust, who has your values and understands what looking after children involves. Sometimes your parent or parents could be appointed or a relative. If They are becoming unable to look after children, then you may have to consider close friends.

Even if this is a stumbling block, the best course of action is to have your will drawn up anyway. You can always revisit the matter of appointing a guardian.

What does a will do?

A will is a legal document drawn up to state what is to happen to your possessions when you die.

It includes who will administer your estate and carry out your instructions, who will look after any assets in the estate and who will be the beneficiaries. You need to consider who will carry out these roles before commencing your will; it is a good idea to ask someone if they would be willing to administer your estate rather than appoint someone and hope they are willing.

What assets are not included in my estate?

  • Any jointly held asset for example land held as joint tenants and bank accounts held in joint names
  • Assets in a trust or company
  • Your superannuation: it can be placed in the estate by a binding death nomination or if there are no dependants. The trust deed of the super fund will explain the conditions.
  • General

    What are the fees?

    The fixed fees are listed on the website. All fees include GST where applicable. If extra work is required, notice of any additional fees will be given to you on writing.

    How do I engage the firm to assist me?

    The firm has online instruction forms available for you to complete in your own time. If you have any questions before then, you are welcome to book a chat to discuss how we can help you.