Welcome to
Haven Legal + Conveyancing Cobram

A conveyancer or property lawyer can provide a range of services including reviewing contracts of sale, conducting title searches, preparing and lodging legal documents, liaising with banks and other parties involved in the transaction, and attending settlement. 

As there are legal implications involved within a property transaction it is strongly suggested that a conveyancing is engaged to simplify the process for you. The conveyancer will provide you with guidance throughout the process and ensure that all documentation is prepared in accordance with the legal regulations in your state or territory. Conveyancers are also covered by professional indemnity insurance which means that you are protected if something within the transaction goes wrong. If you act on your own behalf, you will be responsible for any errors which can lead to serious legal and financial consequences.

At settlement, the parties involved in the transaction (e.g. buyer, seller, banks) will exchange legal documents and payment, and the property will be officially transferred to the new owner. As the land settlement is completed electronically via PEXA which is an online property settlement platform, you will not be required to attend. Your conveyancer will monitor PEXA on your behalf and notify you once settlement is completed.

A grant of probate is a legal document that gives the executor of a deceased person’s estate the authority to administer their estate according to their wishes as outlined in their Will. It confirms that the Will is valid and that the executor has the legal authority to act on behalf of the estate. 

You do not need a grant of Probate in all deceased estates. There are special situations where you might need one such as if you own real estate or there is a bank account that contains more than $50,000 dollars. It is best to speak with one of our lawyers who can make this assessment. 

In Australia, the laws that govern challenging a Will vary between states and territories. However, some general principles apply across most jurisdictions.  

To contest a Will in Australia, you must be an “eligible person” who is entitled to make a claim. Generally, this includes spouses or de facto partners, children (including adult children), and sometimes other dependents or family members. 

To make a claim, you will need to show that you have been left out of the Will, or that the provision made for you is inadequate, and that this is unfair. This may involve providing evidence of your financial needs, your relationship with the deceased person, and any other relevant factors. 

The process of contesting a Will can be complex and time-consuming, and it is important to seek legal advice from a specialist in estate law. It is important to note that contesting a will can be a difficult and emotional process, and may involve strain on relationships with other family members. It is important to carefully consider the potential benefits and risks before making a claim.