Legal - Q & A.


 
What is PROBATE?
 
 

PROBATE is the entire process of administering a dead person's estate. This involves organising their money, assets and possessions and distributing them as an inheritance – after paying any taxes and debts. If the deceased has left a Will, it will name someone that they've chosen to administer their estate.

 
What is PROBATE?

PROBATE is the entire process of administering a dead person's estate. This involves organising their money, assets and possessions and distributing them as an inheritance – after paying any taxes and debts. If the deceased has left a Will, it will name someone that they've chosen to administer their estate.

 
How long Does PROBATE take?
 
 

PROBATE typically takes 9-12 months to settle an estate. However, it can sometimes take longer if, for example, there is a property to sell, complex Inheritance, Mortgage, ownership rights etc to resolve or there are complications regarding the personal representatives or beneficiaries of the estate.

 
How long Does PROBATE take?

PROBATE typically takes 9-12 months to settle an estate. However, it can sometimes take longer if, for example, there is a property to sell, complex Inheritance, Mortgage, ownership rights etc to resolve or there are complications regarding the personal representatives or beneficiaries of the estate.

 
Can both the Buyer and the Vender share the same lawyer?
 
 

While this has been done on occasion it is not normally recommended - both the Buyer and the Vendor should get their own lawyer as this will minimize any conflicts between the partys.

 
Can both the Buyer and the Vender share the same lawyer?

While this has been done on occasion it is not normally recommended - both the Buyer and the Vendor should get their own lawyer as this will minimize any conflicts between the partys.

 
I don't have a lawyer - can you recommend one?
 
 

While we cannot recommend any particular lawyer we can give you a list of those legal firms that have worked with us and our customers in the past.

 
I don't have a lawyer - can you recommend one?

While we cannot recommend any particular lawyer we can give you a list of those legal firms that have worked with us and our customers in the past.

 
How much will a lawyer charge to act for me in the purchase or sale of a property?
 
 

There are set rates for conveyancing and stamp duty, but each lawyer/legal firm will charge a different rate for any additional work they may do on your behalf or disbursements they may make for you.

 
How much will a lawyer charge to act for me in the purchase or sale of a property?

There are set rates for conveyancing and stamp duty, but each lawyer/legal firm will charge a different rate for any additional work they may do on your behalf or disbursements they may make for you.

 
Why do I have to give my deposit to the Vendor's Lawyer, can't my Lawyer hold it?
 
 

The Vendor's lawyer generally holds the deposit until closing - some Brokers also hold deposits if they are representing the Vendor in the transaction.
We recommend that deposits be held by the Vendor's lawyer/legal firm.

 
Why do I have to give my deposit to the Vendor's Lawyer, can't my Lawyer hold it?

The Vendor's lawyer generally holds the deposit until closing - some Brokers also hold deposits if they are representing the Vendor in the transaction.
We recommend that deposits be held by the Vendor's lawyer/legal firm.