What is Undue Influence? Undue Influence is the conduct which overbears the testator (will maker) of the will, where the circumstances were not free and voluntary in order for someone to benefit from the will to the detriment of others. To decipher this from fraud Wingrove v Wingrove (1885) stated undue influence is only when… Read More
Upon undertaking residential construction, ensuring adequacy and enforceability of the contract is paramount. By taking adequate care to review the residential construction contract provided by your builder/tradesperson, building disputes can be avoided throughout the construction and you can ensure your rights are being upheld. All projects priced over $5000 and in some instance’s projects over… Read More
If you are a borrower, guarantor or lender, you may be required to seek independent legal advice prior to signing mortgage documents. Loan and mortgage documents will often require an Independent Solicitors’ Certificate to prove that you have received legal advice from a solicitor prior to signing your documents. If you need to execute mortgage… Read More
On 1 July 2024, the superannuation guarantee rate is set to increase from 11% to 11.5%. In accordance with the Superannuation Act 1916 (NSW), the superannuation guarantee rate will increase and remain at 12% after 1 July 2025. (N.B. Superannuation guarantee rate increases use the fiscal year of 1 July to 30 June rather than… Read More
A Will sets out a person’s wishes for how they would like their estate to be distributed after their death. A person making a Will (the testator) must meet a cognitive standard when understanding the nature and effect of their Will. This legal standard is referred to as testamentary capacity. What is testamentary capacity? Testamentary… Read More