Frequently Asked Questions

Have a question that needs clarification? Take a look at our Frequently Asked Questions!

If we didn’t cover your question – you can contact us here

Who established LawRep?
Who can use LawRep?
How do I know I can rely on LawRep?
How often are LawRep documents updated?
How do I contact LawRep?
How can I partner with LawRep?
Who established LawRep?

LawRep was established by independent Australian legal professional Chad Penfold after he realised too many clients end up paying for the inefficiencies of their legal firms. 

Working closely with experienced partners in a range of areas, Chad and his team compiled a complete suite of Australian legal documents which can be accessed by any individual or professional. 

Who can use LawRep?

As well as being accessed by individuals and business owners, LawRep is a document library of choice for many legal and accounting professionals.

There are no minimum requirements to access online legal documents via LawRep. You do not need a law degree, MBA or accounting qualification to use these documents.

How do I know I can rely on LawRep?

Our documents are created by Australian legal professionals who specialise in their field. They are the same documents your lawyer or accountant would supply you with and are fully compliant with Australian law.

How often are LawRep documents updated?

We update our documents whenever there are changes to legislation so you can be assured you are getting the most relevant version to use.

How do I contact LawRep?

If you have any questions you can email the team at Admin@LawRep.com.au or call our friendly staff on (02) 4044 5495

How can I partner with LawRep?

By calling our friendly team on (02) 4044 5495

Wills

1. Do I need a Will?
2. What happens if I don’t have a Will?
3. What about if I have nothing to give people?
4. Do I need a new Will if I get married?
5. How long does it take to get a Will?
6. What is an executor?
7. What are beneficiaries?
8. Who should I contact to help me?
1. Do I need a Will?

Losing a loved one is never easy although having a Will can make the process of dividing assets and making decisions a little easier. Having a Will is also one of the best ways to reduce claims being made on your Estate.

2. What happens if I don’t have a Will?

The Estate of a person who passes away without a Will (intestate) will be divided up according to legislation. This gives the deceased no say in who gets what and how much. It also increases the likelihood of a claim being brought forward by a disgruntled family member, spouse or possible child of the deceased who believes they deserve the Estate.

3. What about if I have nothing to give people?

Most people underestimate what they have or don’t realise that their superannuation, death benefits or life insurance can form part of their Estate and therefore needs to be distributed accordingly.  A Will also covers much more than just the distribution of assets, it also covers who makes decisions about your Estate and who looks after your children.

4. Do I need a new Will if I get married?

Yes. Any major changes to your life require changes to your Will. This includes but is not limited to getting married, having kids or a death to someone nominated in your current will. It is always best to ask LawRep if an update is required.

5. How long does it take to get a Will?

LawRep has developed a system to have a comprehensive Will created in less than 15 minutes. Other law firms with outdated slow procedures end up passing the extra time cost on to the consumer meaning the calibre of these Wills could cost upwards of $3,000.00 anywhere else due to the detail and level of expertise required. The LawRep difference is in the systems that mean you don’t end up paying overs.

6. What is an executor?

An Executor of a Will is responsible for carrying out the wishes of a person after they pass away. The role of the executor is to manage the estate within the terms of the Will and protect the assets of the estate. The executor of an estate must comply with various laws and rules that govern the administration of deceased estates.

7. What are beneficiaries?

The beneficiary of a will is any person who is listed on the will as being entitled to receive a defined portion of the deceased person’s assets or income.

8. Who should I contact to help me?

For assistance in this area, please call (02) 4044 5495 and ask for Chad Penfold our Estate Planning Lawyer or feel free to email him at Chad@LawRep.com.au

Power of Attorney

1. What is a Power of Attorney?
2. Does it take long to do a Power of Attorney?
3. What happens if I don’t have a Power of Attorney?
4. Who should I contact to help me?
1. What is a Power of Attorney?

A Power of Attorney is a legal document that allows your attorney to make financial decisions on your behalf if you lose capacity or require them to do so in your absence. The choice is yours.

2. Does it take long to do a Power of Attorney?

LawRep has developed a system to have a comprehensive Power of Attorney created in minutes allowing you the freedom to do this at your own pace, at your own place and in your own time.

3. What happens if I don’t have a Power of Attorney?

If you do not have a Power of Attorney, then the Guardianship Tribunal must determine who to appoint. They have the ability to appoint to the NSW Trustee and Guardian as your Power of Attorney who charge approximately $12,000.00 in fees per year.

4. Who should I contact to help me?

For assistance in this area, please call (02) 4044 5495 and ask for Chad Penfold our Estate Planning Lawyer or feel free to email him at Chad@LawRep.com.au

Enduring Guardian

1. What is an Enduring Guardian?
2. Does it take long to do an Enduring Guardian?
3. What happens if I don’t have an Enduring Guardian?
4. Who should I contact to help me?
1. What is an Enduring Guardian?

An Enduring Guardian is a legal document that allows your Guardian to make Health decisions on your behalf if you lose capacity or require them to do so in your absence. The choice is yours.

2. Does it take long to do an Enduring Guardian?

LawRep has developed a system to have a comprehensive Enduring Guardian created in minutes allowing you the freedom to do this at your own pace, at your own place and in your own time.

3. What happens if I don’t have an Enduring Guardian?

If you do not have an Enduring Guardian, then the Guardianship Tribunal must determine who to appoint. They have the ability to appoint to the NSW Trustee and Guardian as your Enduring Guardian who charge approximately $12,000.00 in fees per year.

4. Who should I contact to help me?

For assistance in this area, please call (02) 4044 5495 and ask for Chad Penfold our Estate Planning Lawyer or feel free to email him at Chad@LawRep.com.au

Conveyancing

1. How much does it cost for legal advice – conveyancing?
2. What is conveyancing?
3. What are the steps in Purchasing a property?
4. What are the most important things to do before I exchange on a property?
5. What is the difference between a lawyer and a conveyancer?
6. What is a cooling-off period
7. What is a 66w certificate
8. Who should I contact to help me?
1. How much does it cost for legal advice – conveyancing?

Many conveyancers will charge upfront costs or provide quotes that seem to be fixed but have many hidden costs associated with the process. At LawRep we provide a tailored quote for each individual that covers all costs from the start to the end of the process. Nothing hidden and no nasty surprises.

2. What is conveyancing?

Conveyancing is the process of transferring the legal title for a property from one person to another. At LawRep we cover the entire process from beginning to end so you can be assured nothing will be left out.

3. What are the steps in Purchasing a property?

Once you have found your dream property and had your offer accepted it is time to let the professionals at LawRep walk you through the process from exchanging the contracts until settlement. There are many essential tasks that need to be completed between exchange and settlement but fortunately for our clients we have compiled a comprehensive set of tasks to ensure nothing is missed.

4. What are the most important things to do before I exchange on a property?

It is very important to have your contract reviewed, property examined, and finance approved prior to going unconditional on a property. Before signing of any contract, it is imperative to speak to the professionals at LawRep so they can guide you through the process.

5. What is the difference between a lawyer and a conveyancer?

Both Lawyers and Conveyancers are adequately trained to advise clients on their legal rights and obligations regarding the buying and selling of real estate. The advantage of using a lawyer is their ability to advise you on legal matters that might fall outside the scope of conveyancing or if your purchase or sale results in litigation.

6. What is a cooling-off period

A cooling-off period is a Purchasers right in particular property transactions to rescind (pull out) of the contract within five (5) business days of exchange and only forfeit the .25% deposit. This right is not always afforded to Purchasers as standard in a property purchase or can be waived if the Purchaser provides a 66w certificate.

7. What is a 66w certificate

A 66w certificate is a legal document signed by a Purchaser’s legal representative that waives any right they have to a cooling-off period under a contract.

8. Who should I contact to help me?

For assistance in this area, please call (02) 4044 5495 and ask for Chad Penfold our Conveyancing Lawyer or feel free to email him at Chad@LawRep.com.au

Debt Collection

1. How do I best protect myself from having to chase bad debts?
2. How long after a payment is overdue can I take action?
3. Who should I contact to help me?
1. How do I best protect myself from having to chase bad debts?

Having your agreement in writing is the first step to ensuring both parties understand not only their rights but their responsibilities. Implementing a debtor management system can ensure each new client transaction is subject to Terms of Trade. Terms of Trade will help clients understand what is required of them and can provide creditors with suggestive means of achieving prompt payment in addition to the usual terms of payment.

2. How long after a payment is overdue can I take action?

Action can be taken under the terms of the written agreement between the parties. If there is no written agreement and the debt has been requested to be paid withing a reasonable time then a letter of demand should be sent

3. Who should I contact to help me?

For assistance in this area, please call (02) 4044 5495 and ask for Chad Penfold our Debt Collection Lawyer or feel free to email him at Chad@LawRep.com.au

Retirement Village Leases

1. Who can live at a retirement village?
2. What is the benefit of communal living?
3. What are the different costs involved?
4. What is the purpose of the entry payment?
5. What is the purpose of the ongoing payments?
6. Can the recurrent fees increase?
7. Do I have to pay ongoing charges after I have left the village?
8. What is the purpose of the exit payment?
9. How are retirement villages regulated?
10. Do I benefit from capital growth if I decide to sell the property?
11. Are there hidden costs I need to be aware of?
12. How secure is my ownership in the property?
13. Can I be forced to leave the village?
14. What happens if my partner passes away?
1. Who can live at a retirement village?

Usually, you must be over a certain age (usually 55 years of age) to purchase a unit in a retirement village and you must be able to live independently.

2. What is the benefit of communal living?

Sharing the cost by way of communal living allows you to better plan your costs of living. There will be more certainty over your household budget. Whether or not this works out cheaper for you, depends on your village. You should speak to a financial planner in this respect.

3. What are the different costs involved?

The costs depend on the particular contract that you will enter into. These may include entry costs, ongoing and exit payments, refurbishment fees, capital gains share, holding charge etc. It is best to go through the contract in detail with LawRep to fully understand all of the costs involved.

4. What is the purpose of the entry payment?

In order to occupy the unit, you must pay an entry payment. This payment allows you to secure a unit and takes the form of an interest-free loan for the period of the occupancy. You will then enter a lease where you will have exclusive use of the property.

5. What is the purpose of the ongoing payments?

You will be required to pay a recurrent fee to cover the costs of running the village. These may include building maintenance, council and water rates, lawn mowing, gardening, insurance etc and depend on the agreement you have entered into.

6. Can the recurrent fees increase?

There are laws in place to limit increases of recurrent fees. Usually they are increased by the CPI each year of more if the majority of village owners agree. However, special fees or levies may be raised for refurbishment of dwellings of communal areas. Your lawyer will advise you if you contractually bound by any variation of fees.

7. Do I have to pay ongoing charges after I have left the village?

The operator can continue charging recurrent fees after you vacate the property. This is why it is very important to go through the lease with LawRep so you can understand your obligations once you vacate the premises.

8. What is the purpose of the exit payment?

The Exit Payment or Deferred Management Fee is payable when you vacate your property. The idea is to lower the initial purchase price and pay this off at a later stage. The fees are a source of income for the village owners, in addition to the recurrent payments. It is usually deducted from the re-sale price.  How much you will pay may depend on certain variables such as the duration of your stay and it is calculated as a percentage of your purchase price. While exit fees can provide more flexibility and reduce entry prices, the overall costs can be significant. You should seek legal advice to be clear on the terms relating to exit-fees.

9. How are retirement villages regulated?

Your interests under the leasehold are secured by the residence agreement, the Retirement Villages Act 1992 and the Retirement Villages Regulations 2017. The operators and employees are required to abide by a set of rules of conduct and must act in the best interest of residents. Your lawyer can advise you if operators have acted within their rights.

10. Do I benefit from capital growth if I decide to sell the property?

Depending on the terms of your agreement, you may profit from capital growth upon resale. However, a share of your capital gains may be deducted as part of your departure fee if you leave the village.

11. Are there hidden costs I need to be aware of?

As a resident of a retirement village, you are required to pay recurrent fees on a monthly, fortnightly or weekly basis. You must ensure that you understand fully which services are covered by these fees and which are not. The village operator is required to hold annual meetings that you and a family member can attend. At the meeting, operators must provide a summary of the costs incurred.

12. How secure is my ownership in the property?

Your interest depends on the type of occupancy. A leasehold secures your interest in the property. Leases are required to be registered in NSW. Under a lease, you have an exclusive right to possession and the landlord cannot access the property without your permission. The landlord cannot terminate the lease without giving you notice or reasonable time to rectify any breach that would have led to the termination.

13. Can I be forced to leave the village?

The retirement village operator may be able to terminate the lease if you are in breach of your contract and if they have given you sufficient notice to fix the breach. The notice must also detail the breach. However, termination may also depend on the terms in the lease.  There are different requirements for licence agreements and strata title retirement villages.

14. What happens if my partner passes away?

You can stay in your unit as long as it is obtained in joint names. We strongly recommend adding both your names to the contract.

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