FAQs
CRIME
1 / What do I have to say to police when they question me?
You are only required to tell the police your name and address. You can otherwise answer every question by answering 'no comment' to each of their questions during an interview.
2 / What should I do if I'm arrested?
The police must tell you why you are being arrested. You should tell police that you want to speak to a lawyer to seek legal advice before you answer any of their questions.
3 / Do I need a lawyer if I'm innocent?
You should always seek legal advice from a lawyer before you speak to police even if you believe that you have done nothing wrong.
4 / What is a summary offence?
A summary offence is a less serious crime and is dealt with in the Magistrates' Court. The maximum penalty for a summary offence is 2 years imprisonment.
5 / What is an indictable offence?
An indictable offence is a more serious crime and is often dealt with in the higher courts. The punishment for indictable offences can include long prison terms.
6 / What is bail and how does it work?
Bail is where you are released from police custody subject to specific conditions. For example, a condition of your bail may be that you must attend court on a specific date. If you fail to attend court on that date, a Magistrate might issue a warrant for your arrest.
FAQs
CONVEYANCING
1 / What is conveyancing?
Conveyancing is the legal process by which ownership of real estate is transferred from one person to another.
2 / What is an 'off the plan' purchase?
Buying off the plan refers to purchasing land or an apartment that does not yet exist other than as a drawing on a proposed plan.
3 / What is PEXA?
PEXA stands for Property Exchange Australia. It is a secure online platform that allows for property settlements and transactions to be conducted electronically.
4 / What is a Section 32?
A Section 32 is a vendor's statement. It is a document that is required to be prepared by the seller in which they must disclose certain information about the property.
FAQs
WILLS & PROBATE
1 / When should I update my will?
We recommend reviewing your will every 5 years or earlier if you experience significant changes to your circumstances. Such changes may include marriage, divorce, death of a spouse, having children or grandchildren.
2 / Can I write my will myself?
You can prepare your own will or use a Will Kit from the post office. However, preparing your will by yourself may result in the will being legally invalid and therefore exposing your estate to being distributed otherwise than in accordance with your wishes.
3 / Who can challenge a will?
In Victoria, the following categories of people can challenge a will:
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A husband or wife;
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A domestic partner;
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Children or grandchildren of the deceased;
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Persons who were dependent on the deceased; and
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Persons upon whom the deceased depended.
4 / What is the difference between a will and a power of attorney?
A will dictates how your estate is distributed after your death and only takes effect once you have passed away. A power of attorney grants your attorney the authority to make decisions on your behalf whilst you are alive.
5 / How long does probate take?
The Supreme Court of Victoria usually takes approximately 2-6 weeks to grant probate applications.