Corsers

REAL ESTATE PRACTICE AND LAW FOR AGENTS

Corsers consults for and advises real estate agents in all real estate practice areas:

• Compliance – Land Agents Act and Land and Business (Sale and Conveyancing) Act
• Compliance – Sales Forms
• Structuring agency business and franchises

Corsers prepared the standard form Contracts and Agency documentation used by the Members of the Society of Auctioneers and Appraisers (SA) Inc. and has maintained the documents for some 20 years.

Corsers also act and prepare specialist Sale Agreements for Rent Rolls (property management businesses) sales and purchases.

Corsers Consultants separately broker and negotiate Rent Roll sales and advise on the sale process and undertake the settlement as a full service to real estate agents.

Wills and Estates and Asset Protection Lawyers Adelaide

Our business advice includes consideration of asset protection for estate planning and financial management and succession. We always work in collaboration with Accountants and Financial Advisors where any business or farming assets are involved.

Sound estate planning is a must. It should take account of:

• Assets
• Liabilities
• Insurance
• Superannuation
• Family Trusts
• Taxation
• Relevant family relationships
• Cost of ownership changes and CGT

Probate Lawyers Adelaide

If you own real estate or other significant assets then a Grant of Probate will be required by your executor(s) to carry out the wishes in your Will.

Probate is a document issued by the Supreme Court of South Australia proving your last Will and formally authorising your executor(s) to carry out their duties according to law.

An application for a grant of Probate can be complex and difficult. If you are an executor named in a Will you should consult one of our experienced lawyers to assist you to undertake the process.

If you do not leave a Will then a Grant of Letters of Administration may be required instead of a Grant of Probate to administer your assets upon death.

Whether you need advice on a course of action to take, are engaged in a commercial dispute or are likely to engage in litigation, Corsers always works collaboratively with clients to make the decisions to protect you and your business.

Court Action
Corsers have experience at all levels of the South Australian and Federal Law Courts on matters ranging from:

• residential and commercial contract breach disputes
• lease disputes
• building disputes (acting for builders, contractors and sub-contractors)
• bankruptcy and winding up proceedings
• corporations’ disputes
• inheritance claims

Contesting a Will
A will can be contested in a number of ways:

• A claim pursuant to the Inheritance (Family Provision) Act 1972 (SA)
• Challenging a Will as being invalid
• Deed of Family Arrangement

Inheritance (Family Provision) Act 1972 (SA)
The application must be made within six months of the grant of probate or letters of administration, although the Court may give an extension of time if the estate has not been completely administered.

The following people can apply for a re-allocation of the deceased’s estate:

• the spouse of the deceased person
• a person who has been divorced from the deceased person
• the domestic partner of the deceased person
• a child of the deceased person
• a child of a spouse or domestic partner of the deceased person being a child who was maintained wholly or partly or who was legally entitled to be maintained wholly or partly by the deceased person immediately before his or her death
• a child of the child of the deceased person
• a parent of the deceased person who satisfies the court that he or she cared for, or contributed to the maintenance of, the deceased person during his or her lifetime
• a brother or sister of the deceased person who satisfies the court that he or she cared for, or contributed to the maintenance of, the deceased person during his or her lifetime

The test applied by the Court is whether the deceased failed to provide adequately for the applicant’s proper maintenance, education or advancement in life.

Each case will turn on its own facts however the Court will take into consideration:

• the size of the estate
• the age, health and financial position of the applicant
• the closeness of the relationship between the applicant and the deceased

Challenging a Will
A Will may be challenged on the basis that the applicant argues that the Will was invalid because:

• the deceased lacked mental capacity to make the Will
• the deceased did not understand the Will (ie the deceased does not speak or read English and was asked to sign it)
• it was not the last Will of the deceased
• there was undue influence or pressure to force the deceased to make or sign the Will
• forgery (ie the deceased signature was forged on the Will)
• the Will has been revoked

The executor or a party interested may apply to the Court for orders and directions including rectification of a Will.

Deed of Family Arrangement
A Will may be altered after the Will maker’s death by a Deed of Family Arrangement if all beneficiaries agree, are adults and have full mental capacity. The Deed will outline the agreement between the parties as to how the terms of the Will are to be altered.

A Deed of Family Arrangement can have stamp duty and capital gains tax implications.

OUR LEADING IMMIGRATION LAWYER / MIGRATION AGENT CAN ASSIST YOU WITH ALL YOUR AUSTRALIAN VISA AND CITIZENSHIP APPLICATION QUERIES

Some of our core practice areas:

PARTNER VISAS

Partner/Spouse Subclass (300) Temporary Visa Offshore

Partner/Spouse Subclass (309) Provisional class Offshore – Temporary Visa

Partner/Spouse Subclass (820) Provisional class Onshore – Temporary Visa

Partner/Spouse Subclass (100) and (801) Visas – Permanent Resident

PARTNER/SPOUSE VISA

EMPLOYER SPONSORED VISAS

Temporary Skill Shortage visa (subclass 482) – Temporary Residence

Skilled Employer Sponsored Regional (Subclass 494) – Provisional Visa – Temporary Residence

Employer Sponsored Scheme Subclass (186) Visa – Permanent Residence

BUSINESS VISAS

Business Innovation and Investment (Subclass 188) (Provisional) visa

Investor stream

Significant Investor stream

Business Innovation Extension stream

Significant Investor Extension stream

Premium Investor stream

Entrepreneur stream

PERMANENT BUSINESS VISA

(Subclass 888) Business Innovation and Investment (Permanent) visa

(Subclass 188)

(subclass 188) Business Innovation Extension stream

Investor stream

Business Invovation Stream

Significant Investor stream

Significant Investor Extension stream

Premium Investor stream

Entrepreneur stream

Temporary Activity

Temporary Activity (Subclass 408) Visa – Temporary Residence

GRADUATE VISAS

Temporary Graduate visa (subclass 485) – Temporary Residence

   Post-Study Work stream OR Graduate Work stream

Subclass 476 Skilled—Recognised Graduate visa

SKILLED VISAS

Skilled Work Regional (Provisional) visa (Subclass 491) Temporary Residence 

Skilled Independent visa (subclass 189) – Permanent Residence

Skilled Nominated visa (subclass 190) – Permanent Residence

Permanent Residence (Skilled Regional) visa (subclass 191)

FAMILY VISAS

Contributory Parent visa (subclass 173) – Temporary Residence

Contributory parent visa (subclass 143) – Permanent Residence

Contributory Aged Parent visa (subclass 864) – Permanent Residence

CHILD VISAS

Child (subclass 101) Offshore Residence

Child (subclass 802) Onshore Residence

Child (Subclass 117) Orphan Relative

Child (Subclass 445) Dependent

STUDENT VISAS

Subclass 500 Student visa – temporary Residence