How to get yourself legally sorted this year

Legal checklists to make sure that you are covered

Life is busy, and it can be hard to find time to deal with the admin that comes with it. Not only can it feel tedious, but in terms of priorities, it might slip into that important but not urgent quadrant that often falls to the bottom of the to-dos. But I’m here to tell you that getting yourself legally sorted needs to float to the top of your list and get put in the done pile asap.

If you are somewhere between your mid-30s and early 50s, it’s probably safe to assume that an increasing amount of your time is being consumed by life choices or circumstances taking on more seriousness and thereby, time.  They might take the form of your career, entering or leaving serious relationships, looking after a growing family, caring for ageing family members, or dealing with ill health. 

There’s often a degree of overwhelm that comes with the admin associated with life’s events and it can be hard to know how to address them. That’s why we offer fixed-fee one-hour consults, by zoom or in person, to help you get legally sorted. 

In this post, we discuss some of the most common legal issues and provide some information to help you get started. 

Falling in and out of love can mean big changes for families

Family law is a broad area that deals with legal issues related to families and relationships. This can include divorce and separation, property division, and parenting arrangements. Here are some important things to consider when it comes to family law:

Partnering up, whether by formal marriage or starting a shared life with your partner has legal implications. Before making the leap, it’s important to understand the legal obligations and consequences that follow on from a relationship that does not work out. Some might say that seems pessimistic, but we think it’s just pragmatic. A Financial Agreement (often referred to a prenup) might be worth considering, depending on your situation. At any rate, it’s better to go into these important life decisions with eyes wide open or you might regret it later on. 

If you are in a relationship that looks like it has run its course, seek legal advice early to ensure that you are aware of your rights and entitlements. You should do this before you start discussing arrangements about whether the property should be divided or where any children live. Seeing a lawyer earlier does not (as TV would have you assume) means your matter will turn into Kraemer v Kraemer. In fact, getting advice early is more likely to prevent disputes from forming and escalating and will help you stand your ground when you might otherwise feel at sea. 

If there are children in your relationship, their well-being is likely to be your top priority. Separated couples often have very different perspectives on what is in the children’s best interests and can get stuck in positions that unwittingly hurt the children.  By talking to a lawyer, you’ll get an understanding of how the court assesses what is in the best interests of children. This is important because an unresolved dispute about parenting only ends in one place, and that’s the court. 

Getting sorted is easy at McManus & Co Lawyers. We offer one-hour strategy sessions via Zoom or in person. You’ll come away from the session empowered with advice and information that will help you plan for the future.

Is your will ready to go when you need it?  

Did you know that approximately 50% of all Australians don’t have a will? None of us likes to think about it, but death is a certain part of life. Making a will leaves your family in no doubt as to how you want your estate distributed when your time is up. It is a simple thing you can do to make it easier on your loved ones, and minimize the stress and cost at a time of grief. 

At McManus & Co, we help you navigate the tricky subjects that can often hold people back from creating a will. We’ll provide guidance on important decisions such as choosing an executor, selecting beneficiaries and creating any trusts.  We’ll also advise you about any risks to your estate and any options to minimise these risks. 

You might have made a will a while ago but things have changed. Marrying, divorce, the birth of children or the death of loved ones should prompt you to review your will and check whether changes need to be made. 

Writing a will is one important element of estate planning but there’s more to it than that.  There’s the matter of appointing someone to make financial, personal and medical decisions on your behalf in the event you become incapacitated. If you have superannuation, we’ll discuss with you the appropriateness of making a binding nomination as well as looking at any assets that you control in companies or trusts and how to best deal with the succession of those entities.  

Getting started is easier. You just contact us for an appointment. We’ll then send you some brief information so that we can make the most of our first meeting together. Once we’ve received your instructions and provided you with advice,  we’ll draft your documents and meet with you once more to sign and witness the will! 

Knowing what to do, when a loved one passes away 

If you’ve had a close family member or a loved one die and are not sure how to proceed, we’re here to help you. You may be the executor of the will, or perhaps the deceased didn’t leave a will, and you are wondering how to go about administering their estate. There is often quite a lot of administration that follows death and it can be confusing to know where to start. 

In one of our one-off consults, we’ll walk you through the applicable legal process, your obligations and what we can do to take the load off. 

If the problem you’re facing is that you’ve been left out of a will, or haven’t received the inheritance you consider you should, we’ll give you frank advice about whether you can challenge the will (or distribution if there is no will), and whether you are likely to be successful. After a consult with us, you’ll have the information you need to decide whether to take it further. 

Thinking about moving home? Here’s what you need to consider

Conveyancing is the legal process of buying and selling property. It’s a complex process that involves a number of legal requirements and regulations. There are also matters that sit around the actual process, like being aware of the stamp duty and tax implications and ensuring that the property you are buying is a solid one. 

If it’s straight conveyancing you are after, we offer fixed fees and a service that our clients love. At every step of the process, we keep you informed and make it as easy as possible for you to get the job done. 

If you are considering transferring a property to a family member, you might wish to book in for a one off consult before making up your mind. We’ll give you all the info you need about taxation, and stamp duty implications, while also exploring other options, to help you make the best decision. 

If you have a property in mind you’d dearly love to throw your hat in the ring for, but are not sure about what nasties might be hidden in the contract, send it our way and for a fixed fee, we’ll perform a thorough contract and section 32 review for you, providing you with a written report. 

Getting your legal affairs in order might seem daunting, but we make it as easy as possible to get yourself sorted.  You might just need a one-off consult to sort yourself out or may prefer to have us walk with you safely to the finish line. Either way, we’re here to help lighten the load and get your legal admin done and dusted. You can book a time online and we offer a free 10-minute chat if you’re not sure which service you need. Just get in touch.