Categories
Property & Conveyancing

6 Reasons Why You Should Hire a Property Lawyer in 2022

When doing a property deal, it may seem like a good idea to try and get it done yourself without a lawyer. While this may seem like the cheaper route to take, there’s actually some very good reasons to hire a Sydney property lawyer for your property deal.

Why You Should Hire a Property Lawyer in Sydney

Here are 6 reasons why you should hire a property lawyer in 2022:

1. A Property Lawyer Will See Problems With the Property and the Deal Where You May Not

Property lawyers have gone through hundreds, potentially thousands of property purchases and sales over the years, and have seen it all. They know what tends to happen, what to look for, and what can go wrong.

This could include things like future development, restrictions regarding the use of the land, non-complying structures or even environmental issues that you may never have been aware of.

As such, having an experienced property lawyer on your side will help you to make sure there are no problems with the property or the deal which could catch you out and cause you years of headache and stress, and thousands of dollars to solve.

Property is complex, and the legal side of it is no better, so having someone who has been through it countless times is a way to ensure that you are not getting caught with a bad deal due to inexperience.

2. A Property Lawyer Is the Only One Protecting Your Interests In the Deal

When you are doing a property deal, the other party is looking out for their interests. They want to get the most money for their home, or they want to pay as little as possible. On top of that, sometimes people are willing to do dishonest things, or push legal and ethical limits.

An experienced property lawyer will know the common tricks used and will ensure that your end of the deal is a good one, so that you are not being taken advantage of. They will look over the deal and advise you on where you could negotiate better terms or where perhaps you should not proceed with the deal at all.

3. A Property Lawyer Can Save You Money and Time

While it may seem like it’s quicker and easier to just do it yourself, a property lawyer can actually save you time and money. They have been through the process many times, so will know exactly what to do, how to do it and what it takes to get it done in the quickest and cheapest manner.

This can actually end up costing you less overall than if you had done it without them and not known about these things. Not to mention the time spent figuring it all out on your own.

4. A Property Lawyer Will Know About Government Grants and Other Incentives

Often times there are government grants and incentive programs when buying property, especially for first home buyers. A property lawyer will know about these, and will be able to advise you on how you can take advantage of this.

These schemes can save you up to thousands of dollars, so that in itself can often make having a property lawyer worthwhile, as it’s likely that you would not have known about these otherwise.

5. A Property Lawyer Will Know the Law Inside and Out and Ensure the Deal Is Done Right

There are many pitfalls when it comes to the legal side and the paperwork for a property transactions. Minor details can trip up a buyer or seller which can cause huge headaches and big costs to resolve.

A property lawyer’s job is to ensure this doesn’t happen to you. As they have been doing this for a long time, they will know exactly what needs to be done, and will make sure it’s done correctly so there are no surprises later.

They will also be able to help you with other issues such as delayed settlements, issues with the bank, cool down periods and more.

6. A Property Lawyer Will Be Able to Help You Negotiate a Better Deal

Having experience doing these deals for many years, a property lawyer will be able to look over your deal and see where you can negotiate a better deal, whether it’s price, better terms or something else.

Because they have done this so many times, they will know things you don’t, so they can use that experience to help you either save money if you a buying, or get more money if you are selling.

If you are looking at doing a property deal, whether it’s buying or selling a property, give us a call on 02 9958 2407. We specialise in property transactions in Sydney and are able to help you make sure it’s done right and get the best deal possible!

Categories
Wills & Estates

How Can An Asset Protection Lawyer in Sydney Help You?

Protecting your assets and wealth, whether for the present time or for when you pass, is crucial to ensure that other third parties don’t get their hands on it.

Asset Protection Lawyer Sydney

Why do you need to protect your assets?

There are three main scenarios where asset protection is a good idea.

1. If you run a business or are in a profession where your assets could be at risk (such as if you are sued).

2. If you want to ensure that your beneficiaries get your assets after you die, not some other parties who you don’t want to pass your assets on to.

3. Giving a family member (such as a descendant) money to buy a house.

Properly arranging your assets in either of these cases can be the difference between keeping them (or passing them on to the right person) and losing a signification portion of them. It is always better to have your affairs in order before something happens, than to try and deal with it afterwards, often when it’s too late.

This is where an asset protection lawyer comes in. An asset protection lawyer’s job is to advise you on how best to protect your assets to ensure they remain yours.

Whether this is through a family trust, a business or some other means, the lawyer will advise you on the best way to organise your assets to ensure that are exposed to as little risk as possible, whether it’s from suing, probate or any other scenario where they could be in question.

Who should worry about asset protection?

Anybody who runs a business, owns real estate, offers a professional service, or has wealth they wish to pass down to descendants should be looking at creating an asset protection plan as part of their estate planning or general financial plans.

If you are looking to establish asset protection, speak to use today. We specialise in all aspects of estate planning and asset protection and are here to assist you with getting your assets and wealth fully protected!

 

Categories
Car Accidents

Why You Should Speak to A Sydney Car Accident Lawyer Right After An Auto Accident

Car accidents are an unfortunate part of driving. They happen all the time, and can happen to you whether you were at fault or not. If you were injured in a car accident, you may be entitled to compensation.

In NSW, it is possible to receive compensation if you were injured in a car accident, whether it was physical, emotional or phycological. However, there are strict time limits for making a claim after a car accident, so it’s a good idea to speak to a car accident lawyer right away to make sure you get it done in time.

Car Accident Lawyers In Sydney

Unfortunately, many Australians don’t realise that they are entitled to make compensation claims after a car accident, and never end up doing so. This is why it’s important to speak to a car accident lawyer even if you don’t think you have a case.

If you were not-at-fault or not entirely at fault for causing the car accident and were injured, usually its a good idea to proceed seeking compensation. In order to do so your lawyer must show that someone else caused the accident through negligence and is therefore to blame for the car accident.

In situations where both drivers are partly to blame for causing the accident, liability is often divided on a percentage basis by the judge between the two parties, known as “contributory negligence”.

It’s worth noting that just because you were involved in a car accident doesn’t necessarily mean you are entitled to compensation. This is something that the car accident lawyer will advise you on when you go for a consultation to discuss the matter.

Anybody who was injured in the car accident has a right to seek compensation, which includes drivers and passengers. This can include anything from minor injuries such as minor cuts, bruises and whiplash to more serious injuries like muscle injury, brain injury, spinal injury and even death.

It’s worth noting that some injuries do not show up until later and can become chronic down the road. The problem is that if this happens after the claim period expires, you could be left out of luck. This is why it’s so important to speak to a car accident lawyer as soon as possible after the car accident. They will be able to help you to determine the likelihood that an injury could surface later on and that going after compensation now is a good option.

If the injured person is too hurt to speak, a family member may contact the lawyer on their behalf to find out what their best course of action is.

Car Accidents Claims Could Include:

  • Passenger car collisions
  • Truck accidents
  • Pedestrian accidents
  • Cyclist accidents
  • Motorcycle collisions

No Win No Fee

We at Elmassian Lawyers are here to help you if you have been injured in a car accident. We understand that finances can be an issue, and that personal injury cases can quickly become very costly.

As such, we offer a no win no fee policy, whereby if we take on your case, you won’t get any upfront charges unless we win and you are compensated.

Our lawyers will sit down with you to explain how this works and what you could be expected to pay for, depending on the circumstances. Our goal is to ensure that we can help everyone who has had an injury get access to legal services, so that costs are not an issue.

How Much Compensation Can You Expect From a Car Accident Injury?

Compensation for car accident injuries varies greatly depending on the circumstances. How bad the injury was, how long they were injured for, the expected recovery time, the impacts the injury had on the person’s life and any long term side effects all have an effect on how much compensation the person will be able to receive.

Some of the compensation that our lawyers may seek can include:

  • Future Losses:  This is an estimate of losses that are likely to occur for the foreseeable future due to the injured person’s inability to work and other life-changing effects. The court will calculate the monetary amount of this.
  • General Damages: These are generally damages for pain and suffering caused as a result of the car accident. The court will make an educated assessment on how much this amounts to.
  • Special Damages: These can include loss of earnings, travel expenses, personal property, the costs of medical treatment and rehabilitation if necessary as well as others. Some compensation can also include interest that accrued from the time of the accident.

So, generally speaking, the court will assess the situation in detail and determine the overall effects of the car accident and compensation that is due. Having an experienced car accident lawyer on your side can help to show the court the full effects that the accident had on your life, increasing the amount of compensation you receive.

If you have been involved in a car accident and are seeking compensation, speak to us at Elmassian Lawyers today. We specialise in car accident injury cases and are here to ensure that you get all the compensation you are entitled to so that you can cover and not fear it costing you.

We have helped countless people in Sydney to seek and receive compensation from car accidents that were not their fault, which allowed them to get the medical treatment needed to recover. We can help you too.

We work with both At-Fault and Not-At-Fault parties, so no matter which side of the case you are on, we are here to assist you.

Speak to our car accident lawyers by emailing or call us on 02 9958 2407.

 

Categories
Wills & Estates

What Is a Revocable Living Trust and Why Do You Need One in Sydney?

When a person dies, there are several factors which determine how their assets will get distributed. Usually, their will states how they would like this done, or in absence of a will, the law will be applied.

However, there is an alternative which allows for easy adjustments and updates, according to the person’s wishes while they are still alive.

It’s called a revocable living trust (otherwise known as inter vivos trust).

A revocable living trust is an estate planning tool that allows the creator of the trust to make adjustments to it while they are still alive, making it easy to make amendments as they see fit.

This is particularly useful in instances where the trustor (creator of the trust) has reason to believe they may want to change who they leave assets to.

Revocable Living Trust in Sydney

It is set up while the trustor is still alive, and all the assets are transferred to the trust. The trustor still retains control of the assets in the trust by being named as the trustee. Once they die, the trust gets appointed a new trustee and can continue to operate.

What’s the Difference Between a Revocable Living Trust And a Will?

With both the trust and the will, you can name beneficiaries to receive assets and property, leave assets to young children and change or update the document as you wish.

However, with a revocable living trust you can avoid probate, avoid conservatorship, significantly reduce the chances of a court dispute and keep your documents private, even after your death.

Essentially, the trust decreases the chances that there will be a dispute, and ensures that you have the final say over what you want to happen to your assets. This makes it much easier for your beneficiaries, saving them both significant time and money, and ensures that your will gets carried out as you wanted it to be.

Revocable Living Trusts Avoid The Probate Process

A revocable living trust can often mean avoiding the probate process altogether. The process of probate is usually long, costly and often more trouble than it solves.

However, with a revocable living trust, the estate can be passed on to the beneficiaries without the involvement of the courts, which makes for a quick and painless process.

Transferring Assets To the Trust

All assets that are to be included in the trust must be put in the name of the trust. For most items, this simply means being added to the trust document.

However, for assets with titles, such as property, they need to be transferred into the name of the trust. This is often a quick and simple process, but it must be done correctly in order to avoid disputes and probate.

Do You Need a Lawyer to Create A Revocable Living Trust?

No. It is entirely possible to create a revocable living trust without the help of a lawyer. However, you must be sure you know what you are doing, because mistakes in the process can lead to disputes, probate and court interference when it comes time to distribute the property.

Having a lawyer help you with establishing your trust will ensure that it is done 100% correct and you are far less likely to have any issues further down the line. They are also able to guide and advise you on what the best approach is given your particular situation, to ensure you get the best outcome.

If you are looking to create a revocable living trust, speak to us at Elmassian Lawyers today. We are experts in wills, estate planning and trusts and are here to ensure you set up your trust correctly and take the route that best suits your needs. Call us today on 02 9958 2407 or email info@elmassianlawyers.com.au.

 

 

 

 

Categories
Wills & Estates

Looking For the Best Estate Planning Attorney Near You?

The job of an estate plan is to ensure that the right people are able to care for you in the event that you become incapacitated, and that the right people are able to get your belongings in the event of your death. A good estate plan needs to address these areas, and must be done so correctly in order to be legally upheld in the event that it needs to brought to action.

Best Estate Planning Attorney Near Me

Careful and correct estate planning may be the difference between a simple procedure in which your estate passes to a trusted individual and the one where the courts are interfering with the estate being challenged, only for it to be distributed to individuals that you don’t want to deal with.

Elmassian Lawyers specialise in estate planning in Sydney, and we’re here to make sure your estate is handled exactly the way you would like it to be.

We have worked with countless clients in Sydney to make sure their estates are stable and would stand up to the process of a disagreement or a court case, and that they were managed in the way the client wanted.

We can assist you in doing the same. Our team of estate professionals knows the law and will utilize it to your advantage to make sure that you achieve exactly what you want out of your estate.

We’ll work with you to walk you through the whole estate planning process, which we’ll make as simple and stress free while ensuring you have a detailed, well-thought-out estate plan.

If you are ready to make your estate plan, simply contact us today to discuss what you need to do by calling us on 02 9958 2407 or emailing .

Categories
Business Law

What Is a Business Lawyer and How Can They Help You?

Businesses need to follow a vast set of laws set by authorities. Both small and big businesses need a lawyer to ensure they are compliant with those laws. Purchasing or leasing properties, disputes and litigation all may require legal help and expertise and that’s where having a business lawyer comes in handy. Here are some important benefits of hiring a business lawyer in Sydney.

Business Lawyers in Sydney

Business lawyers can help business owners to understand what legal issues can impact their operations. They provide guidance to help you avoid breaking the law in the first place.

When running a business you are susceptible to making legal mistakes and a lawyer can help you avoid problems you may not even be aware of. It is better to prevent lawsuits in the first place than have to deal with them later.

If a business falls into conflict with other establishments, or a member of the public, a good business lawyer’s job is to come up with the solution that is helpful to both parties and resolve the matter quickly. Litigation can cost a lot of money and take up a lot of your precious time.

According to reports, 96% of personal injury cases are solved through private negotiations outside the court. That is where your lawyer can be of big help to your business.

With laws and regulations changing every day, a business lawyer will also help you stay on top of them and help you understand what you need to do to meet legal obligations.

Business lawyers can also ensure that all contracts are sound and solid. Other entities could take advantage of sloppy written, incomplete or invalid contracts and dealing with those kinds of problems can be very costly.

Dealing with clients, partners and other associates can also be very stressful. Some people may be reluctant to pay for your services or goods. If someone owes you money, consider hiring a business lawyer. They know how to motivate debtors to pay and also what steps to take if they refuse.

And if you find yourself going to court, a business lawyer will help you tilt the dispute in your favour and stay protected all the time.

If you need legal advice within your business, speak to us today. We at Elmassian Lawyers specialise in business law and are here to help with all business related legal matters!

Categories
Property & Conveyancing

How a Conveyancer Will Help You When Doing a Property Deal in Sydney

Property transactions can be difficult to deal with because of all of the legal terms, complexity and complicated processes that must be done correctly if you want to avoid unnecessary cost or even legal action. This is why having a conveyancer to help you is a good idea.

Conveyancer in Sydney

If you decide to go through the conveyancing process by yourself you will have to deal with all the parties included in the sale and ensure that everyone fulfills their obligation, make sure that all paperwork is gathered and well prepared, search for any preconditions and manage and finalise the settlement. All of this can be very stressful.

You can avoid legal issues, minimise your risk and save time by hiring a conveyancer – a licensed professional that is specialized in property law that can easily go through the legal jargon and save you from the stress of the process.

Good conveyancers will provide you information and advice regarding the property transfer and assist both sellers and buyers through the whole process. They will also handle all the appropriate documentation that is required for settlement.

A conveyancer should be hired whether you are buying, selling or dividing land, updating a title in case of someones death or if you register, remove or change easement. The conveyancer will help to organise paying a deposit and other transfer costs, prepare and examine the contract and check the property for any issues.

It is not a legal requirement that you have a conveynancer in Sydney, but property ownership and real estate laws are very complex. Not adhering to the specific dates and laws can lead you to losing your deposit or even your property. That is why you need help of a professional. Although it may look cheap if you do it yourself, it will be far more expensive if it is done incorrectly.

Speak to us today if you would like help with a property deal.

Categories
Wills & Estates

What Is a Probate Lawyer and What Can They Help You With?

When a person passes away it is a difficult time for everyone involved. Beside the emotional grief that their loved ones go though, there are many complicated legal processes that need to be completed. Probate involves actions like drafting affidavits and lodging documents with the Court to distribute the deceased’s estate. While anyone can apply for probate, most people will hire a lawyer to make sure its done correctly.

Probate Lawyers Sydney

Probate lawyers, also known as estate attorneys, can be involved in different ways depending on the circumstances of the estate.

A probate lawyer will guide the executor of will or beneficiaries of the estate through the whole probate process, from identifying to distributing assets and inheritances and working with them to settle the affairs of the deceased.

Tasks that a probate lawyer will assist the executor and beneficiaries with include:

  • Preparing and filing documents required by a court
  • Identifying and securing estate assets
  • Getting assessments of the decedent’s real property
  • Collecting proceeds from life insurance policies
  • Transferring assets in the decedent’s name to the beneficiaries
  • Determining if any estate or inheritance taxes are due and resolving those issues
  • Help with the payment of bills and debts
  • Disbursement of assets to beneficiaries after bills and taxes have been paid

If you are searching for probate lawyers in Sydney we have years of experience with helping people with all areas of the probate process.

Contact our friendly and experienced Sydney probate lawyers today for free consultation on 02 9958 2407 or info@elmassianlawyers.com.au.

 

Categories
Notary

What Is a Notary Public and What Do They Do?

A Notary Public, or Public Notary, is a public official which has been appointed by a supreme court, who’s primary purpose is to help deter fraud. They are given statutory powers to witness the signing of documents, administer oaths and perform a number of other tasks both on a national and international level.

Each Public Notary has a seal and the seal and their signature are officially recorded onto a database which is held by the Department of Foreign Affairs and Trade (DFAT). This is a department of the Australian government that is authorised to issue Apostille or Authentication Certificates. They certify that the signatures, seals and stamps of Public Notaries are genuine. Every Public Notary in Sydney has their signature, seal and stamp registered with the Supreme Court of New South Wales and the Society of Notaries of NSW.

Public Notary in Sydney

So what does a Public Notary do?

A Public Notary is able to do:

  • Witness, sign and verify documents for use in Australia and internationally.
  • Certify copied documents for use in Australia and internationally
  • Administer oaths for both Australian & international documents
  • Prepare and certify powers of attorney, contracts wills and other legal documents for use in Australia and internationally
  • Attest documents and certify their due execution for use in Australia and overseas
  • Exemplify official documents for use overseas
  • Noting and protesting bills of exchange
  • Prepare ships’ protests
  • Witness signatures of affidavits, statutory declarations, powers of attorney, contracts and other documents for use in Australia and overseas

A Public Notary must confirm the true identity of the person signing the document by carefully examining their identification document. They must determine that the person signing does not suffer any legal incapacity, such as a physical or mental illness. They also must ensure that the person signing understands the contents and nature of the document being signed, and is acting on an official representative capacity.

Public notaries must refuse notary services if the document constitutes a fraud or an unlawful act.

What’s the difference between a Public Notary & a Justice of the Peace?

A Justice of the Peace in Australia provides similar services to a Public Notary, however they are not permitted to witness documents which are being used internationally. Only a Public Notary has the exclusive right to deal with international documents.

JPs are volunteers of good character standing in the community who’ve been appointed by the state, while Public Notaries are public officers of Australia.

In general, if you need to have a document authenticated for international use, you are going to have to see a Public Notary, not a Justice of the Peace.

If you need a document authenticated, whether in Australia or for international use, we at Elmassian Lawyers are Public Notaries who are able to help. Get in contact with us today!

Categories
Litigation

What Is a Commercial Litigator?

When a business or entrepreneur have a dispute with another party, this can result in litigation. This is known as commercial litigation, because at least one of the parties involved in a business entity, and covers a wide range of business legal areas. A commercial litigator is a lawyer who specialises in these cases, working with the parties involved to come to a resolution, or to take the matter to court.

Commercial Litigator

Why do you need a commercial litigator?

The area of commercial litigation is a very broad and complex section of the legal system. When it comes to business, there are all sorts of laws and regulations that need to be adhered to. Trying to navigate this yourself while dealing with a lawsuit is asking for trouble.

A commercial litigator’s job is to specialise in this area of the law and represent the company’s interests in the dispute. Their aim is to defend the rights of the company and get the best outcome possible. They will try to get the matter resolved quickly and out of the courtroom if possible.

What kind of cases can a commercial litigator work on?

Commercial litigators are able to assist in all areas of business and commercial law, including:

  • Contracts
  • Fraud
  • Consumer protection
  • Trademarks
  • Intellectual property
  • Copyright
  • Patents
  • International trade
  • Partnership disputes
  • Shareholder disputes
  • Employment disputes
  • Debt collection
  • And more

Are you having a commercial dispute?

If you are being sued or you would like to resolve a commercial dispute, we at Elmassian Lawyers are here to help. We are expert commercial litigators who are able to assist with any commercial litigation case.

Speak to our commercial litigation team now by calling us on 02 9958 2407 or emailing info@elmassianlawyers.com.au and we will help you get the best outcome possible!