At Sally Callander Law, we specialise in six practice areas to ensure families across New South Wales have the right documents in place to protect their assets, health and loved ones.
Will, Power of Attorney + Enduring Guardian
Letters of Administration
These three documents will work in unison to ensure that financial and medical decisions can be made on your behalf if you become incapacitated and that your assets are distributed how you deem appropriate after your death.
Will: A legal declaration of a person's wishes regarding the disposal of his or her property or estate after death.
Power of Attorney: This is the person who will look after your finances if you become incapacitated.
Enduring Guardian: This is the person who will look after your health decisions if you become incapacitated
While these may seem straightforward, Sally can help you navigate the available precautions that can be put in place to ensure you’re choosing the right people and process for your estate.
After a loved one passes, a Grant of Probate, which is a legal document, is often needed to validate a Will and provide the executor of the estate the permission to collect assets, pay debts and distribute aforementioned assets to beneficiaries as per the loved one's Will.
In most cases, an executor must make an application for Probate to the Supreme Court of NSW within six months of their loved one's passing.
Due to the time-sensitive nature of Probate, Sally has created a streamlined process to help clients avoid any delays in executing a Probate document.
Under most circumstances when a loved one has passed and there is not a Will, a Letter of Administration, which is a legal document, is needed to allow a designated administrator(s) to manage and distribute a deceased loved one’s assets as well as pay any debts.
Sometimes a Grant of Letters of Administration is needed even when there is a Will. Often complex and grey, Sally has years of experience working with the courts to make settling a loved one’s estate stress-free.
Family Provision Claims
Commonly referred to as contesting a Will, a Family Provision Claim is when a family member and/or ‘eligible’ person was unhappy with how assets were dictated to be distributed in a Will.
You can make a family provision claim if you:
are an 'eligible person', and
have been left out of a will, or
did not receive what you thought you were entitled to receive.
A family provision claim must be filed with the court within 12 months of the date of death (where the deceased person died on or after 1 March 2009).
The best way to think about Elder Law is as a big umbrella for Wills, Power of Attorney, Enduring Guardian, Financial Abuse of the Elderly, Guardianship Tribunal Matters, Family Law, Retirement Village Entry (Residential Aged Care Facilities Entry, Legal Advice & Contracts) as well as Estate Disputes.
Unfortunately, aged care facilities come with a lot of complexities. From navigating the market to choosing the right option and understanding the contract, Sally can ensure black and white provisions so this stage of life remains as stress-free as possible.
Conveyancing is used in real estate as the legal transaction of a property title, mortgage or lien from one person (or entity) to another.
In order to buy or sell a property in New South Wales, you must have a Contract of Sale that specifies zoning and property certificates, sewage plans, plans of the land if the property if within a subdivision, caveats as well as home warranty insurance certification.
Sally is well-equipped to act on behalf of both vendors and purchasers.
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56 Market Street, Mudgee, NSW 2850