Personal Law

Conveyancing and Property Law

Buying and selling residential property is exciting but can also be nerve wracking. It is a big financial decision and it is important you understand the process and make the right choices. Our conveyancing team aims to make the process as simple as possible, and keep you fully informed and your interests protected as you progress towards the property settlement. 

We will liaise with your real estate agent and finance provider to make sure the process goes smoothly. We can also arrange pest and building reports, survey and strata reports on your behalf if you need, leveraging our established relationships with these report providers to make sure you are getting the best price possible. 

As well as residential conveyancing, we can help you with:

• buying and selling commercial property
• buying and selling businesses
• acting for both landlord and tenant in leasing matters
• strata property, Torrens Title and Community Title developments.

Whatever you need help with, with our comprehensive knowledge of all areas of property law we will make sure your assets are looked after and protected. Call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Wills – Creating

You must create a valid will now.This action ensures your wishes are upheld after your death.

It is also important it is created properly and is valid, as wills can be contested in court.

If you die without a valid will, your estate becomes intestate.

Legislation dictates the division of the estate.It names all predetermined beneficiaries.This outcome may not match your wishes.

Some of this legislation is outdated.

Rather than using a will kit, which are generally rigid in structure to accommodate only basic dispositions, it is best to get more specialised advice to make sure your will is as water-tight as it can be. In law, certain words have specific meanings – incorrect use can cause problems in carrying out your intentions.

A professional will won’t stop every legal challenge.It ensures you consider all important issues.This gives your final wishes the best chance of success.

The approach to making your will depends on many circumstances, including:

• special provisions for education and maintenance for children under age
• other dependants or possible beneficiaries
• if you have a blended family situation
• divisions of your estate which are to benefit one or more persons to the disadvantage or exclusion of another or others
• a dependant who may have a disability
• a spendthrift or bankrupt beneficiary
• your superannuation situation
• the spread of your assets and any liabilities
• assets you have in co-ownership with another person
• business interests such as companies, trusts, partnerships, joint ventures
• tax issues, including CGT
• how far you may want to go to protect assets for the benefit of beneficiaries.

If you have business interests, we usually want to discuss your circumstances with your accountant and financial advisor, after you have let us know what your intentions are.

Whatever your circumstances, Whitelaw McDonald will help you to create your valid will and protect the interests of you and your loved ones in the way you would like. Call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Wills – Contesting

A will outlines who should receive your assets after your death.Many people believe this guarantees the exact distribution.

However, this is not always true.

In some situations, family members of the deceased or other eligible people are entitled to make a claim against an estate, even when there is a will. They may also dispute a will if provisions in the will are inadequate. Sometimes the court will make orders to distribute assets to those people who contested.

In New South Wales, a will or estate can be challenged or contested circumstances including: 

• family provisions claims – family members or eligible persons are entitled to make a claim against an estate in situations where the provisions of the will, or the statutory provisions when a person dies without a will (dies intestate) are inadequate or the person has been left out of the will
• testamentary capacity – beneficiaries can challenge or dispute a will when the person who made the will was not in a sound state of mind when the will was prepared
• undue influence or fraud – a beneficiary can challenge or dispute a will they can prove the person who made the will was unduly influenced by one or more of the other beneficiaries of the will, or if the will was a product of Fraud. This means the will can be challenged if the person who made it was coerced or tricked into signing it. 

Do you need to create a will?Do you want to contest an existing one?

Contact our specialist team today. We will take care of you.

Call (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast).

We offer an obligation-free consultation.

Criminal Law

It can be daunting to face criminal charges, and it is important to choose the right legal representation. At Whitelaw McDonald we have over 35 years of criminal law expertise, and our team will be on your side to support you through the situation you have found yourself in. We put you in the best place to make informed decisions, and have the specialist knowledge to protect your rights, create defence strategies, and guide you through what can be a complex system. 

We can help you with following matters of criminal law:

• assaults
• violence (including domestic violence offences)
• drug offences
• firearm or dangerous weapon offences
• murder or manslaughter
• perjury
• robbery
• theft
• fraud offences
• sexual offences.

Whatever the matter, we know everyone is entitled to the very best defence possible, and we will be your ally through the journey, with the expertise to support you and help you make informed decisions for the best outcome possible. Call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Estate Planning and Asset Protection

Thinking about where our assets should go when we are no longer around may be uncomfortable, but it is important to secure and protect your assets through estate planning and asset protection to make sure your family is taken care of in the event of your incapacity or death.

If you die without a will, the law distributes your assets, possibly defying your wi

Objectives to estate planning include: 

• communicating your wishes regarding your assets for now and upon your death
• protecting your family
• reducing your taxes
• protecting your business.

Estate planning can be complex and is ongoing, as your life situation changes continuously, along with legislation. Your estate includes land, buildings, personal property, business interests, bank accounts, cars and household items. It is a good idea if you can, to have a financial planner, accountant and lawyer who help you manage this estate during your lifetime and then help implement your wishes when you are no longer around. 

Whitelaw McDonald’s expert team will help you estate plan, put a will in place, and record your clear wishes to take care of your family.Call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Power of Attorney and Enduring Guardian

Understanding the importance of having a power of attorney and enduring guardian in place is crucial. Life can throw all manner of things at us. Through either accident or illness we may become temporarily or permanently unable to make decisions for ourselves. You may suffer a stroke, illness, or injury, leaving you unable to make decisions. You must name someone to legally manage your affairs.

An Enduring Power of Attorney lets someone decide for you when you cannot.By granting an Enduring Power of Attorney, a representative can conduct your affairs on your behalf according to your wishes.

What does it cover?
An Enduring Power of Attorney generally covers financial and legal matters, including the power to sell property. You can set conditions and restrictions on the decisions your Enduring Power of Attorney makes.

An Enduring Power of Attorney covers crucial financial and legal decisions when you cannot make them.

Who should you appoint as an Enduring Attorney?
In short – someone you trust. The person or persons you appoint is or are making decisions for you while you may be unable or not interested to do so, therefore it needs to be someone you trust. It can, but does not have to be, a professional such as a lawyer or accountant. A relative or friend can fulfil this role, and can be a logical choice when considering who would best know your interests.

You can appoint one or more people, and you can appoint different people for different things. If appointing more than one person, you can appoint them as Joint (have to sign off on things together) or Joint and Several (they can do things independently of each other). 

Who you appoint must:

• be at least 18 years old
• be of sound mind, that is, they must also have the capacity to make decisions
• agree to be your Attorney.

You decide if the Power of Attorney starts now or later. It can also be revoked if you choose. 

Medical and personal matters – Living Wills or Enduring Guardianship 

Use a Living Will or Enduring Guardianship for medical decisions.

Living Wills (also known as Advance Health Directives, Medical Directives or Declarations) allow you to set out in advance decisions about future treatment that you will, or will not, accept if you lack the capacity at the time to consent to it.

An Enduring Guardian can be nominated by you in advance or appointed by the court or a tribunal if you lack legal capacity to make decisions. Enduring Guardians, like Enduring Attorneys, can be subject to restrictions on the power that you grant to them. Enduring Guardians can also be given the power to make decisions about other personal matters such as your long-term living arrangements, and can also cover decisions about medical treatment and decisions about dental, medical or surgical procedures, appropriate long term-care or whether and when a life support machine is switched off.

Contact Whitelaw McDonald today to make the best decision for your family.

Call on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Family Law and De Facto Relationships

Sometimes despite the best intentions, things may not quite work out in our family life as we had hoped. At Whitelaw McDonald, our sympathetic and knowledgeable team will get you across all the legal implications of whatever family law situation, including Family Law and De Facto Relationships, you are facing so that you can come to a satisfactory and smooth resolution.

We will provide you with accurate and prompt information about advice about your obligations and entitlements to help you come to an agreement, without the need for unnecessary litigation. 

Our team has expertise in:

• financial agreements (pre-nuptial or cohabitation agreements)
• divorce and separation
• custody of children
• recovery orders
• restraining orders
• property and financial settlements
• grandparents’ rights
• mediation and dispute resolution
• will and estate planning
• family trusts
• adoption/surrogacy

We always deal with you with compassion and discretion, to guide you through what can be an emotional and confusing time. Reach out to us regarding your family law matters today, on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.