Wallace Wilkinson & Webster

What is a will?

A will is a legal document which sets out your intentions as to how your assets and liabilities are to be distributed in the event of your death. A will appoints an executor to be responsible for carrying out the directions set out in your will. A will can also nominate who you wish to be the guardian of your children and can allow you to express your wishes regarding cremation and burial.

What happens with water and sewerage charges?

After settlement, we complete a change of ownership form on your behalf and provide it to the relevant water authority (i.e. Southern Water). The water authority has responsibility for apportioning the water and sewerage charges between the buyer and seller after settlement.

Why do I need a lawyer?

Our solicitors provide you with comprehensive legal advice, if and when required. We advise on your legal rights and obligations prior to signing a contract and throughout the conveyancing process. Many conveyancing matters proceed smoothly, however in the event that any issues arise throughout the process, we help to ensure your transaction has the best outcome for you.

Is superannuation part of my estate?

Superannuation does not ordinarily form part of your estate distributed through your will. You should check with your superannuation fund who you have nominated as the beneficiary of your policy in the event of your death. It is vital to regularly update any nominations as some lapse after a period of only three years. There are ordinarily restrictions on nominations under your superannuation policy which limits beneficiaries to your spouse, your children, or your estate.

What is conveyancing?

The conveyancing process is an essential step in the process of transferring the legal ownership of a property from one owner to another. Our role is to gather information concerning the property and prepare the necessary documentation to ensure the property is legally transferred from the seller's name into the buyer's name.

Do I need to attend settlement?

There is no need for you to attend settlement. We attend the settlement in Hobart on your behalf and contact you as soon as settlement has taken place. If you are buying, you can usually then collect the keys from the real estate agent or us following settlement. If you are selling, we distribute any balance proceeds in accordance with your instructions.

Do I need to attend settlement?

There is no need for you to attend settlement. We attend the settlement in Hobart, on your behalf and contact you as soon as settlement has taken place. If you are buying, you can usually then collect the keys from the real estate agent or from us following settlement. If you are selling, we distribute any balance proceeds in accordance with your instructions.

What happens at settlement?

When we attend settlement on your behalf, we exchange all of the necessary documentation and funds to complete the transaction on your behalf. Settlement is usually attended by both the buyer's and the seller's solicitors or conveyancers, as well as any banks that are involved in the transaction.

Why do I need to obtain advice before signing a contract?

Whether you are buying or selling your property, you should always consult with your solicitor prior to signing a contract, whether or not the contract has been prepared by other solicitors or by a real estate agent. We will ensure the contract protects your best interests and will advise if any amendments should be made to the contract prior to signing to avoid any future disputes.

What happens with rates and land tax at settlement?

Whether you are buying or selling, council rates and land tax (and body corporate fees if the property is a unit) are apportioned at settlement. This means that the seller will pay all council rates and land tax assessed on the property up until the date of settlement, and the purchaser will pay the council rates and land tax from the date of settlement until the end of the current financial year.