Here are a few frequently asked questions that that can assist you . If you have any further questions, do not hesitate to contact us.
What to bring to your appointment
Unless you are helping someone else who is needs an attorney, the only person who needs to come to the first visit is yourself. If you are helping someone else (such as your child or perhaps a dependent parent) then it is probably best for that person to attend the visit with you.
Examples of helpful information to bring to the meeting include:
– Any letters, photographs, or other materials that can help explain the situation.
– Any legal documents you have about the situation, such as court orders, divorce decrees, and so on.
– Drivers licenses, insurance cards, passports and other documents that may relate to the situation.
– Names, addresses, and phone numbers of any people or companies who are involved. Once we have reviewed the information you have, we may discuss other types of information that may be helpful to your situation.
What is Conveyancing?
Conveyancing is the transfer of legal title of property from one person to another, or the granting of an encumbrance such as a mortgage or alien. A conveyance must be acknowledged before a notary or court and be recorded on the Deed.
Do I need an attorney to purchase or sell property?
Buying a house or land is probably the largest purchase one will make. As such it is crucial to ensure that you and your money are protected. A lawyer assists with, among other things:
Dealing with property condition disclosure and warranties. 2. Dealing with the Real Estate Agent 3. Dealing with tax consequences and other issues. 4. Dealing with the contract of sale. 5. Conducting the closing.
What is a Power of Attorney?
A power of attorney is a legal document by which an individual or company appoints/empowers another person or company to represent them or act in their place in respect of transferring land or other dealings. Once the power of attorney is granted it must be stamped and deposited at the Office of Titles if it is intended to be used for executing documents to be submitted for registration.
What is Joint Tenancy Ownership vs Tenants in Common Ownership?
Where two or more persons hold an estate or interest in land they are required to state the tenancy in which they hold the estate or interest, that is, either as joint tenants or tenants-in-common.
Joint tenants have a right of survivorship. This means that if A and B own land as joint tenants and if either A or B dies then the interest of the deceased joint tenant automatically passes to the survivor. In effect the joint tenant does not have an interest in the land that he or she can leave in a will unless he or she is the sole surviving joint tenant. Once a joint tenant dies then the death is noted by an Application to Note Death. Please refer to our leaflet on death of registered owner for more details.
To create a Joint Tenancy the following rules must be satisfied:
All the joint tenants must acquire their interest in the property at the same time and from the same transaction.
The interest must be identical in nature and each tenant enjoys an equal right to the whole or any part of the property but not an exclusive right to possess any part.
A tenant in common does not possess a right of survivorship. When a tenant in common dies then his interest in the land passes under the terms of his will or if he dies leaving no will, his interest is distributed under the Intestate Estates and Property Charges Act. Once a tenant-in-common dies, the passing of his estate to the personal representative is registered by way of a Transmission Application. Refer to our information sheet on the death of a registered owner for further details.
The tenant-in-common has an undivided share and interest in the property. He has an equal right to the possession of whole of the property but not a right to possess any part exclusively. A tenant-in-common may deal with his share of the property as he or she sees fit. A tenant-in-common may also hold unequal shares in property and therefore if no share is stated then the presumption is equal shares, that are 50/50.
Why is making a will important?
Your will is a legal document in which you give specific instructions to be carried out after your death. You can decide how your assets (your money and property) will be distributed, and even give your choice of guardians for your children. It becomes irrevocable when you die.
What is a Grant of Probate?
A Grant of Probate is a document granted through the Supreme Court or the Resident Magistrate’s Court certifying that a will is valid and authorizing the executor(s) to administer the estate of the deceased person.