We work with small businesses to guide them through a wide range of legal issues. We advise on legal resources, tips and advice for small business in Australia including company structure, setting up a company correctly, explaining the trust structure of company, common business structures in Australia, and understanding partnerships.
A trust account holds monies received on behalf of clients and not designated as costs. Monies are disbursed from this account as required under the provisions of the Legal Profession Act and are not only checked periodically but also audited on an annual basis.
Frequently solicitors hold money on behalf of other people, for instance, money held on behalf of a client to pay for expenses such as stamp duty, or client moneys held on account of anticipated professional fees.
In New South Wales solicitors are required by Section 255 of the Legal Profession Act (NSW) 2004 to hold any such monies as trust money and to disburse those monies as directed by the person on whose behalf the moneys are being held.
We offer consultation and advice generally in relation to court proceedings and acting for parties in contract or civil litigation. We can assist with the following areas of litigation:
Sarajinsky & Co Solicitors have been acting as sydney probate lawyers for almost 40 years. We provide legal consultation and services to the Sydney region for probate, wills, trust and estate planning, and claims made under the Family Provision Act (1982) and the Succession Act (2006).
It is important to ensure your will is kept up to date with regular reviews in the event your circumstances have altered. Each state has slightly different legislation, so Sydney and NSW residents need to ensure their wishes comply with the correct legislative schemes. Based in Sydney’s CBD, we provide our legal services to all of Sydney’s suburbs, and help with property and real estate transaction throughout NSW. Sarajinsky & Co Solicitors give a complete Will drafting and Estate Planning service to Sydney and NSW residents.
Each Australian state has it’s own Supreme Court that handles probate issues. In Sydney and NSW, Sarajinsky & Co Solicitors can aid you in applying to the NSW Supreme Court for Probate in situations where a valid will has nominated you as that will’s Executor. The Supreme Court will then be able to grant probate, which will authorise you to distribute the estate according to the will’s provisions.
When the deceased has not left a valid will, Sarajinsky & Co Solicitors can help you apply for Letters of Administration to the NSW Supreme Court. This can be a complex matter than requires effective legal advice to navigate the legislation explaining how an estate is to be distributed and by whom. The Wills, Probate and Administration Act (1898) allows the Supreme Court to appoint an Administrator to distributed the estate according to a set plan.
If you presumed to be the beneficiary of a will in Sydney and have not been provided for, the Family Provision Act (1982) and the Succession Act (2006) allows you to make a claim against the way that estate will be distributed and to contest the will. You will need to articulate the reasons you should be considered a beneficiary of the deceased’s estate. You may also have a claim where you receive a bequest, but it is felt to be manifestly inadequate.
For issues relating to migration law, we partner with PocketLegal – Migration Agents and Lawyers Sydney.