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Military Tenure and Knights Service - The Foundation of the Current System

Modern-day leases generally require that the lessee pay rent to the lessor. It is a simple enough system, but not one that was arrived at directly. Its origins come from military tenure and knight’s service. Following the Norman Conquest and through the middle ages, the feudal system largely required a military system of service. By this, the King’s tenants held the land and were free to do with it as they pleased. In return, the tenant was bound to provide to the king units of military...

November 18, 2019

Carrying the Burden: Testamentary Intention and Capacity

On 14 August 2019 the NSW Court of Appeal delivered a decision in Mekhail v Hana; Mekail v Hana [2019] NSWCA 197, which serves as a reminder of the principles surrounding testamentary capacity and intention. The case involved the estate of the late Nadia Mekhail and the issues surrounding her will dated 12 December 2014. That will, which replaced an earlier 2001 will, gifted Ms Mekhail’s entire estate to a Ms Georgette Hana. Ms Mekhail’s nephews and former beneficiaries commenced proceedings...

November 18, 2019

Selling Property - FAQ's

I want to list my property for sale, what do I do? In order for your residential property to be listed for sale, a Contract will need to be prepared by your Solicitor/Conveyancer. There are certain disclosure documents which by law must be annexed to a Contract for Sale. It can take up to 5 business days for some of these searches to be made available from the relevant authorities. Your nominated Real Estate Agent will not be able to actively market your property until such time as they are...

May 31, 2019

Purchasing Property - FAQ's

I have made an offer and it has been accepted! What’s next?  When you have an offer accepted, the Agent will ask who will be acting on your behalf. A sales advice will be forwarded to the respective legal representatives. Your Solicitor/Conveyancer will contact you to discuss any requirements which you may have. At this time, you will need to advise your Solicitor/Conveyancer who your Mortgage Broker or Bank will be so that they can satisfy any requirements which your lender may have. You...

May 31, 2019

Personal and Estate Planning

When you have planned ahead you can be confident that you and your loved ones will be looked after if circumstances change through your life. Your rights and wishes can be respected if they are properly documented. If you do not have planning ahead documents prepared when they are required, a Court or Tribunal may need to make decisions for you. Decisions may need to be made on your behalf which could be against your wishes. It is definitely better to plan ahead.  Anybody over the age of 18...

May 31, 2019

Family Farms and Managing the Estate Plan

It is not uncommon for a son or daughter to have been involved in the family farming business for many years, working alongside their parents. Unfortunately, it is all too common that succession planning or the exit strategy of the parents from the farming business has not been discussed. Section 274 of the Duties Act 1997 (NSW) provides that there is no transfer duty (stamp duty) for the transfer of land used for primary production if it is between family members. There are a number of things ...

April 29, 2019 Posts 1-6 of 6 | Page

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