PW Lawyers

What Must Be Disclosed When Selling a House in NSW?

Fri, 24 Apr 2026 06:00:00 +0000

Selling your home is not simply a matter of listing the home and waiting for offers. A vendor (seller) has legal disclosure obligations, and the real estate agent also has separate obligations not to mislead purchasers (buyers) or withhold material facts.

What Is a Trust Deed?

Fri, 24 Apr 2026 05:00:00 +0000

A trust deed is the legal document that creates a trust and sets out the rules by which the trust should operate.

Can I revoke a Power of Attorney?

Tue, 14 Apr 2026 06:00:00 +0000

To revoke a Power of Attorney, you must have the requisite mental capacity at the time of revocation. This means you must be of sound mind, and you must also be able to understand the nature and effect of the revocation.

Protections for Home Buyers Under Section 76 of the National Credit Code

Tue, 14 Apr 2026 05:00:00 +0000

Section 76 of the National Credit Code allows courts to reopen unjust home loan transactions. This article explains how the provision protects house purchasers and when relief may be available.

What is an “instituted executor” and a “substitute executor”?

Fri, 06 Mar 2026 00:00:00 +0000

The term “instituted executor” refers to a person who is the testator’s first choice of executor (or executors) under their Will.

Why do I need a Power of Attorney to be appointed before travelling overseas?

Thu, 15 Jan 2026 05:00:00 +0000

A Power of Attorney can help you with any financial or legal issues that might arise whilst you are overseas.

Do I Need to Register a Power of Attorney in NSW?

Tue, 25 Nov 2025 02:00:00 +0000

You do not need to register a Power of Attorney for it to come into effect. It is effective once it is executed in accordance with the Powers of Attorney Act 2003 (NSW), unless otherwise specified in the document.

What is an Exordium Clause?

Tue, 18 Nov 2025 00:00:00 +0000

An exordium clause - sometimes called the introductory clause or preamble - is the opening paragraph of a legal instrument that identifies the document, the parties, and the instrument’s foundational context

Can I Give an Interest-Free Loan to a Family Member?

Thu, 16 Oct 2025 00:00:00 +0000

It’s not unusual for parents to want to help their children financially, perhaps to buy their first home, start a business, or get through a tough patch. Often this help comes in the form of an interest-free loan or even a handshake agreement.

Understanding the Statutory Legacy for a surviving spouse under the Succession Act 2006 (NSW)

Thu, 09 Oct 2025 00:00:00 +0000

In cases where someone passes away without leaving a will, also known as dying intestate, in NSW the surviving spouse is entitled to what is referred to as a spousal legacy or more commonly known as the statutory legacy.

Some Important Things to be Aware of When Giving or Loaning Money to a Family Member

Wed, 08 Oct 2025 23:00:00 +0000

Helping family members financially, whether it is with a first home payment, school finance, or medical bills, is common in Australia. The distinction has actual legal, tax, and financial ramifications and goes beyond simple family generosity.

What Happens to Pets When the Owner Dies?

Tue, 26 Aug 2025 04:00:00 +0000

The fate of the deceased's pets may become unclear while friends and family cope with their loss and legal obligations. Unfortunately, if appropriate preparations weren't taken beforehand, animals can wind up in shelters or worse.

CASE NOTE: Saunders v Vautier [1841]

Tue, 19 Aug 2025 05:00:00 +0000

This is one of the most significant cases in wills and trust law and continues to be applied in Australia, including New South Wales.

CASE NOTE: Robert Thomas Grant as trustee of the Grant Family Testamentary Trust

Tue, 12 Aug 2025 01:00:00 +0000

This case involved an application by Mr Robert Grant, who was acting as the trustee of a testamentary trust created under his late father’s Will. Mr Grant asked the Court for permission to vary the terms of the trust so that he could manage it more

What Powers Do Trustees Have Over a Testamentary Trust?

Thu, 07 Aug 2025 01:00:00 +0000

A testamentary trust is a trust that is created by a Will and only comes into effect after the person who made the Will (the testator) has died. The trust is managed by a tr

What Is an Inter Vivos Trust?

Thu, 07 Aug 2025 01:00:00 +0000

An inter vivos trust is a legal arrangement where a person (called the settlor) transfers assets like property, shares, or cash into a trust during their lifetime.

What Is Adequate Provision in Wills and Estates?

Thu, 31 Jul 2025 01:00:00 +0000

When someone passes away in New South Wales, they usually leave a Will that sets out how their assets known as their estate should be distributed. However, there are times when a Will does not make proper provision for someone who may be reliant on the

A bullet point guide to Enduring Guardian in NSW

Tue, 15 Jul 2025 04:00:00 +0000

An Enduring Guardian is someone appointed to make lifestyle, health, and medical decisions on behalf of another person (the appointor) if they lose capacity to make those decisions themselves.

Using Generative AI Responsibly: Sample Disclaimers for Legal Practitioners

Tue, 15 Jul 2025 03:00:00 +0000

As the legal profession begins to integrate generative AI tools into everyday practice, questions about its ethical use and professional responsibility arise.

A bullet point guide to Power of Attorney in NSW

Tue, 15 Jul 2025 03:00:00 +0000

A bullet point guide to Power of Attorney in NSW

The Harman Obligation: Practitioners’ Duties and Risk Management

Tue, 15 Jul 2025 02:00:00 +0000

The Harman obligation imposes a substantive legal obligation on parties, their legal representatives, and others who receive documents or information through compulsory court processes, restricting the use of such material to the proceedings.

How Do I Setup a Special Disability Trust?

Tue, 15 Jul 2025 02:00:00 +0000

There are several steps that you need to take to setup a Special Disability Trust. The first step is to get legal advice from someone who specialises in Special Disability Trusts. A lawyer can help you ensure that the trust deed complies with all legal re

What is a Special Disability Trust?

Tue, 15 Jul 2025 01:00:00 +0000

A Special Disability Trust is a legal trust created to enable families in Australia to financially provide for a person in their family with a severe disability. The trust allows for private financial provision for the future care and accommodation needs.

Understanding the Limitations of a Power of Attorney in New South Wales

Fri, 11 Jul 2025 06:00:00 +0000

A Power of Attorney (PoA) is a legal document that allows someone (the principal) to appoint another person (the attorney) to make financial and legal decisions on their behalf. While a PoA is a powerful and useful document, it does not grant unlimited au

New Rules for Lawyers Using AI: A Guide to the NSW Supreme Court’s Practice Note

Fri, 11 Jul 2025 06:00:00 +0000

Generative Artificial Intelligence (AI) is increasingly part of daily life, from writing tools to chatbots that can answer questions or generate detailed content. As this technology finds its way into more professional settings, including law, Courts are&

Can a child have a Will?

Mon, 30 Jun 2025 01:00:00 +0000

A person under the age of eighteen (18) may create a Will under section 16 of the Succession Act 2006 (NSW), provided that the Court has been informed of the intended terms of the Will and has given specific permission for the minor to make the Will.

Section 11 Succession Act 2006 (NSW): Revocation of Wills – A Practical Guide

Mon, 19 May 2025 01:00:00 +0000

Section 11 of the Succession Act 2006 (NSW) is a cornerstone provision governing the revocation of wills in New South Wales. Understanding its operation is essential for anyone advising on will-making, will revocation, or estate administration.

CASE NOTE: Bayliss v Public Trustee (1988) 12 NSWLR 540

Thu, 15 May 2025 02:00:00 +0000

In this case, an elderly lady Mrs Martin had been living alone. she executed her final Will which she instructed to leave subsequent legacies to friends, relatives and to her church. She also appointed the Public Trustee as her Executor. Mr and Mrs Baylis

Who should I appoint as my Enduring Guardian?

Tue, 06 May 2025 02:00:00 +0000

Choosing an Enduring Guardian is a personal decision and depends on your individual circumstances. However, there are a few key considerations that can guide your decision.

We've Moved!

Tue, 08 Apr 2025 02:00:00 +0000

It has been a privilege being a part of the Lindfield business community. However, the time has come to move. Our new address is at Pymble Place, Suite 22, Corporate House, level 2, 25 Ryde Road Pymble.

En Ventre Sa Mère: The Legal Rights of the Unborn Child for Wills and Estates in NSW

Thu, 03 Apr 2025 01:00:00 +0000

The phrase en ventre sa mère is a French term that translates to "in the mother's womb." It refers to an unborn child who is conceived but not yet born. This doctrine has significant legal implications in various areas of law.

CASE NOTE: McDonald v Commissioner of Taxation [2001] FCA 305

Wed, 02 Apr 2025 23:00:00 +0000

This case commonly referred to as McDonald’s case was a significant decision in Australian tax law. The meaning of a partnership at general law was further clarified by the Federal Court.

What Does "Issue" Mean When Referred to in a Will?

Tue, 25 Mar 2025 00:00:00 +0000

When drafting or interpreting a Will, legal terminology can often be complex and confusing. One such term that frequently appears is "issue." Understanding its meaning is crucial for both the testator (the person making the Will) and beneficiaries, as it

Facts You Need to Know About a Family Provision Claim

Tue, 11 Mar 2025 03:00:00 +0000

Following the demise of a loved one, an unexpected Will may make your grief even worse. Maybe you weren't included at all, or your share was less than anticipated.

Can Executors Negotiate With The Beneficiaries of a Will?

Tue, 11 Mar 2025 01:00:00 +0000

An executor needs to act impartially, as well as defend the estate and act in the best interests of the beneficiaries. As their authority comes from the Will itself and the law, their powers are also limited by them. They cannot override a Will’s te

What is Bridging Finance?

Tue, 25 Feb 2025 02:00:00 +0000

Bridging finance is a short-term financial loan option that can be useful when purchasing a property before selling your existing property. The bridging loan is designed to be a ‘bridge’ between the purchase of your new property and the sal

Exchanging Contracts When Purchasing Property

Thu, 16 Jan 2025 04:00:00 +0000

The exchange of contracts is when the buyer (purchaser) and seller (vendor) generally become legally bound to complete the sale of the property although there are exceptions such as when statutory rights to rescind the contract arise or if the contract is

CASE NOTE: Australian Securities and Investments Commission in the Matter of Richstar Enterprises Pty Ltd (CAN 099 071 968) v Carey (No 6) [2006] FCA 814

Tue, 10 Dec 2024 02:00:00 +0000

This case commonly referred to as the Richstar decision was a significant decision in Australian corporate law and has also become a seminal case in trust law.

How Much Does an Enduring Guardianship Cost?

Thu, 05 Dec 2024 03:00:00 +0000

An Enduring Guardianship is a legal document that allows an individual known as the appointor, to appoint another person or persons, known as the guardian or guardians, to make personal, healthcare and lifestyle decisions on their behalf.

How Much Does a Power of Attorney Cost?

Thu, 05 Dec 2024 02:00:00 +0000

A Power of Attorney is a legal document that allows you to nominate another person to make financial and legal decisions on your behalf.

How Much Does a Will Cost?

Thu, 05 Dec 2024 02:00:00 +0000

The cost of drafting a Will in New South Wales, varies depending upon the complexity of your estate, the method you choose to draft a Will and the professional services you engage.

What are the Key Features of an Advance Care Directive?

Tue, 03 Dec 2024 01:00:00 +0000

An Advance Care Directive (ACD) is a legal document that allows individuals to outline their preferences for medical treatment and care in the event that they become unable to communicate or make decisions for themselves.

What do lawyers mean when they talk about a “gift over” in a Will?

Tue, 03 Dec 2024 00:00:00 +0000

A gift over is a term often used by lawyers when referring to what happens to a testator or Will makers gifts if the testator’s primary beneficiaries will not receive their gift.

What is a testator?

Tue, 19 Nov 2024 00:00:00 +0000

A testator is the legal term for a person who has made a legally valid Will or testament. They are often referred to as the Will maker.

What are the Benefits of a Testamentary Trust?

Thu, 14 Nov 2024 02:00:00 +0000

A testamentary trust is a trust established by a Will that comes into effect upon the death of the testator. It offers several benefits, making it a popular choice for estate planning.

What is the difference between challenging and contesting a will?

Tue, 12 Nov 2024 02:00:00 +0000

In the context of wills and estates in New South Wales, the terms "challenging" and "contesting" can be somewhat vague or indistinguishable terms. However, they can be used describe different legal actions, each with distinct purposes and grounds.

Is there a time limit on family provision claims?

Tue, 12 Nov 2024 02:00:00 +0000

In New South Wales, family provision claims are a legal mechanism for individuals who believe they have not been adequately provided for in a deceased person's Will or Estate. These claims are governed by the Succession Act 2006 (NSW), which<

4 Basic Things to Look for When Buying a Property!

Thu, 07 Nov 2024 00:00:00 +0000

It can be an exciting yet daunting time buying a property. It is also a significant investment, so it is important that you do your due diligence before purchasing a property. Here are four basic things to consider before buying a property.

What is a Franchise Agreement?

Wed, 23 Oct 2024 23:00:00 +0000

A franchise agreement is a legal agreement between the franchisee and the franchisor. It outlines the terms and conditions in which the franchisee will operate under the franchisor’s brand, systems and supports.

Due Diligence When Buying a Franchise

Tue, 22 Oct 2024 03:00:00 +0000

When buying a franchise, it is important that you conduct due diligence. This will help you ensure that you are making a well-informed decision.

Buying a Franchise

Thu, 03 Oct 2024 02:00:00 +0000

It can be exciting to think of one day owning your own business. One way to be your own boss is through buying a franchise.

What are Court Consent Orders?

Thu, 03 Oct 2024 00:00:00 +0000

Consent orders are used to formalise an agreement reached between the disputing parties in a dispute already before the Court.

What is Off the Record in Mediation?

Tue, 24 Sep 2024 01:00:00 +0000

Mediation is usually a confidential process that relies on the concept of “off the record” required. It means that information shared, and statements made cannot be used as evidence if the dispute goes to Court.

What does it mean when Lawyers say, “Off the Record”?

Tue, 24 Sep 2024 01:00:00 +0000

Lawyers will often start conversations and meetings with a request that the conversation is “off the record”. It is important to remember that lawyers will almost always report back to their clients about the conversation and what was said.

CASE NOTE: Re Will of McCowen [2013] NSWSC 1000

Tue, 17 Sep 2024 00:00:00 +0000

In this case Mr McCowen engaged a Solicitor to draft his Will. He told the Solicitor that he wished to benefit his third wife, give $1,000 to each of his three children from his second marriage, and that he wanted his residuary estate to be shared by the three children from his first marriage. The Solicitor directed her paralegal to prepare a Will based on her notes from the meeting. The paralegal misread the Solicitor’s notes and drafted the Will for all six of Mr McCowen’s child...

What is Mediation?

Tue, 10 Sep 2024 02:00:00 +0000

Mediation is a form of alternative dispute resolution. Alternative Dispute resolution is a method of resolving disputes outside of the court system. They are often used as a more time efficient, less expensive and more amicable way for resolving a dispute

What is Donatio Mortis Causa?

Tue, 20 Aug 2024 02:00:00 +0000

Donatio Mortis Causa (DMC), commonly known as a "deathbed gift," is a gift made by a person in contemplation of their imminent death.

What are the Requirements of a Special Disability Trust?

Thu, 15 Aug 2024 02:00:00 +0000

When establishing a Special Disability Trust, it is important that all the requirements are met.

How can I provide for the future of my child with a disability?

Thu, 15 Aug 2024 01:00:00 +0000

We all want the best for our children. Having a child with a disability can create its own anxieties about their future. It is not uncommon for parents to think about what care and support is available to your child if you are no longer able to care for t

What is Valuable Consideration?

Tue, 13 Aug 2024 02:00:00 +0000

At law, the concept of "valuable consideration" is fundamental. It is especially relevant in contract law and is one of the essential elements required to form a legally binding contract. Without valuable consideration, a contract can be unenforceable.

What is the difference between tenants in common and joint tenants?

Tue, 13 Aug 2024 02:00:00 +0000

When it comes to property ownership in New South Wales, the two most common forms of co-ownership are "tenants in common" and "joint tenants."

What is Notional Estate?

Tue, 13 Aug 2024 02:00:00 +0000

The term "notional estate" refers to assets that do not form part of your estate at the time of your death but can be included in your estate for the purposes of family provision claims.

How do I Contest a Family Provision Claim?

Tue, 13 Aug 2024 02:00:00 +0000

An eligible person can make a claim for a share of a deceased estate through a family provision claim.

What is a Beneficiary?

Thu, 01 Aug 2024 02:00:00 +0000

A beneficiary is a person or entity who is nominated by the testator to inherit a share of their estate or a specific item in their estate (such as a property, cash legacy or pieces of jewellery) under their Will (as a specific gift).

What are the Requirements for Witnessing a Will in New South Wales?

Thu, 01 Aug 2024 01:00:00 +0000

In New South Wales, the requirements for witnessing a Will are outlined in the Succession Act 2006 (NSW).

What is a Will?

Thu, 01 Aug 2024 00:00:00 +0000

A Will is a legal document used by the willmaker (also known as the testator or testatrix) to make a declaration on the intentions of their wishes upon their death.

What happens if I die without a Will?

Tue, 30 Jul 2024 01:00:00 +0000

When a person dies without a Will it is known as dying intestate. If you die without a Will, the government decides how your estate will be divided under the rules of intestacy in the Succession Act NSW 2006.

What is Probate?

Thu, 25 Jul 2024 01:00:00 +0000

Probate is a Court order that confirms the deceased's Will is valid and legally binding, which then allows the deceased’s assets to be distributed according to the terms of the Will.

The Intestacy Rules

Fri, 12 Jul 2024 03:00:00 +0000

The Succession Act 2006 (NSW) outlines the rules of intestacy, which determines how the estate of the deceased is distributed. This is based on the family relationships of the deceased.

Why do I need to have a Will?

Fri, 12 Jul 2024 03:00:00 +0000

In NSW if you die without a Will, the government has legislated a set of rules to determine how your estate is distributed.

How a Testamentary Trust Protects Your Children's Inheritance

Tue, 02 Jul 2024 01:00:00 +0000

A testamentary trust is a trust created by a valid Will and comes into existence after the Will-maker’s death. Instead of giving your assets directly, you appoint a trustee in your Will to manage and hold your assets for the beneficiaries.

Why do I need an Advance Care Directive?

Wed, 12 Jun 2024 04:00:00 +0000

An Advance Care Directive applies in circumstances where a person is unable to make and communicate their own healthcare decisions due to incapacitation.

What do I need to know about Advance Care Directives?

Wed, 12 Jun 2024 03:00:00 +0000

An Advance Care Directive, commonly known as a living will, is a document that outlines a person's wishes and directions regarding their future healthcare. It comes into effect only if a person's health deteriorates to an extent, they become unable to mak

How can I protect my rights as a tenant?

Thu, 06 Jun 2024 04:00:00 +0000

NCAT’s Consumer and Commercial division, deals with a broad array of issues such as consumer claims, tenancy as well as other property issues. It was established as a means of alternate dispute resolution, in this instance between landlords and tena

How can NCAT help with Guardianship Applications?

Thu, 06 Jun 2024 03:00:00 +0000

The Guardianship division of the NSW Civil and Administrative Tribunal (NCAT) deals with the appointment of guardians and financial managers for adults who are incapable of making th

Who should I choose as my Attorney?

Tue, 30 Apr 2024 03:00:00 +0000

Choosing an attorney is a significant decision as this person will have the power to make important financial and legal decisions on your behalf.

What do I need to know about Power of Attorney Documents?

Tue, 30 Apr 2024 03:00:00 +0000

A Power of Attorney is a legal document that allows you to nominate another person to make decisions about your financial and legal affairs on your behalf. The appointment of a Power of Attorney is governed by the Power of Attorney Act 2003 (NSW) and the&

What do I need to know about Enduring Guardianship?

Tue, 23 Apr 2024 02:00:00 +0000

An Enduring Guardianship a legal document that allows you to nominate another person to make decisions about your health and lifestyle on your behalf when you are not capable of doing this for yourself due to incapacity. An incapacity refers to an illn

Selling a Business? 7 Things You Need

Tue, 02 Feb 2021 03:00:00 +0000

No matter what stage of the sale of your business you're at, you should obtain legal advice specially tailored to your unique situation.

FAQs About Executors

Thu, 19 Sep 2019 23:00:00 +0000

When it comes to Wills, some of the most common questions relate to executors. Who should be chosen for this job? What do they do? Should they be paid? Here are some of the most common, frequently asked questions, about executors. Who Should I Appoint As My Executor? Any adult who is capable and who you trust. This could be a parent, a spouse, a sibling or cousin, or a trusted friend. Ideally, at least one executor should be located in the state or territory where your assets are. Should ...

PW Lawyers: Upwardly Mobile!

Mon, 20 May 2019 23:00:00 +0000

We understand that everyone is busy. Just finding the time to get to those critically important appointments can be extremely difficult. At PW Lawyers (formerly Proctor Willaws Solicitors), we are dedicated to helping you in any way we possibly can. And this includes finding the right appointment time and place for you. Our offices are located on Ryde Road in Pymble. If you aren't able to get to our offices, we may be able to come to you! Our specialist solicitors and li...

What Is Conveyancing Anyway?

Sat, 09 Feb 2019 23:00:00 +0000

'Conveyancing' is certainly one of those words that is bandied about an awful lot these days. But what is conveyancing, anyway? Conveyancing is the area of property law that deals with the transfer of real estate between sellers and buyers. Although it might seem quite straightforward, property law can be quite complex and conveyancing has to consider issues such as contract terms and conditions, mortgages, covenants, easements, caveats, the type of property title, the type of ...