De Facto Rights & Separations: Why You Need Family Lawyers

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What Is an Executor or Administrator? An executor is the person appointed in a Will to carry out the wishes of the deceased. In effect, the executor steps into the shoes of the testator upon death. An administrator performs a similar role but is appointed by the Court, usually where there is no valid Will. The fundamental role of an executor or administrator is to ensure the deceased’s debts are paid and that their assets are distributed in accordance with their Will, or in accordance with the law if there is no Will. If a person appointed as executor does not wish to act, they may renounce probate by filing the appropriate documents with the Supreme Court. General Duties of an Executor or Administrator  Verifying the Will The executor must confirm the validity of the Will and search for any other testamentary documents. They must consider whether there are allegations of testamentary incapacity at the time the Will was executed. Funeral Arrangements The executor has both the right and responsibility to arrange the funeral and dispose of the body. The executor’s decision in this regard is final, even if it overrides the wishes of family members. Obtaining a Grant In most cases, an executor must obtain a grant of probate, and an administrator must obtain letters of administration from the Supreme Court before dealing with estate assets. When applying for a grant, the executor or administrator must identify: The deceased’s assets and liabilities Any superannuation or other entitlements The beneficiaries and whether they survived the deceased Any changes in marital or relationship status Whether any deceased beneficiaries left children The status and ownership of property Relevant acquisition dates and costs for capital gains tax purposes Collecting and Protecting Assets Upon the grant of probate or administration, estate property vests in the executor or administrator under section 44 of the Probate and Administration Act. This vesting gives legal authority to administer the estate on behalf of the deceased. Executors must collect, protect and, where necessary, realise assets for the benefit of the estate. Paying Debts and Expenses Where the estate is solvent, funeral, testamentary and administration expenses, and debts and liabilities, must be paid in the statutory order. Testamentary and administration expenses include: Costs of obtaining probate or administration Costs of collecting estate assets Litigation costs (including family provision claims) Administration or construction proceedings Commission In insolvent estates, funeral and administration expenses take priority. Tax Obligations Any outstanding tax of the deceased is an estate debt. Executors must lodge outstanding tax returns up to the date of death and, if the estate earns income, obtain a separate tax file number and lodge estate tax returns. Failure to account for tax liabilities before distribution may expose the executor to personal liability. Establishing and Administering Trusts If the Will creates trusts (for example, for minors or testamentary discretionary trusts), the executor must set aside the relevant funds or assets and administer them in accordance with the terms of the Will, or transfer them to the appointed trustee. Keeping and Passing Accounts Executors are always required to keep proper accounts. In certain circumstances, such as where a substantial part of the estate passes to charity or the executor is also a creditor, accounts must be formally filed and passed before the Court within 12 months of the grant. The Court reviews the accounts to ensure that all disbursements are properly incurred and supported by evidence. Distribution of the Estate Executors must distribute the estate in accordance with the Will. Where there is no Will, administrators must distribute the estate in accordance with the provisions of the Succession Act 2006. Protecting Executors and Administrators Executors frequently also act as trustees once administration is complete. The Trustee Act 1925 applies to executors and provides mechanisms for protection. For example, section 63 allows a trustee to apply to the Court for advice or directions regarding the management or administration of a trust. If the trustee acts in accordance with the Court’s advice, they are protected. The Court may also approve transactions or determine questions of interpretation in relation to Wills. In some cases, the Court may authorise departures from the terms of a Will where it is expedient and advantageous to the estate. Executors and Family Provision Claims Executors are required to uphold the Will but must also place relevant material before the Court if a family provision claim is made under the Succession Act. They must provide detailed information about the estate’s assets and liabilities, potential notional estate, eligible persons, beneficiaries and distributions. They are also required to notify certain persons of the claim, including spouses, children and others entitled to share in the estate. An executor may publish a Notice of Intended Distribution. If properly published and certain conditions are satisfied — including waiting at least six months after death and allowing at least 30 days for notice of claims — the executor may gain protection from unknown family provision claims. However, if the executor has notice of a likely claim and distributes the estate prematurely, they may be personally liable. Beneficiaries’ Rights Beneficiaries are entitled to: Be informed of their entitlement under the Will or intestacy Be informed of the likely timing of distribution Be advised of potential liabilities affecting their entitlement Receive reasons for delays Be notified of claims or proceedings affecting the estate Receive their legacy within 12 months of death or interest if paid later Receive a statement of distribution Beneficiaries are not entitled to have their legal costs paid from the estate unless ordered by the Court. Need help administering an Estate? At Dawson Pouwhare Legal & Conveyancing, you can book in with our skilled Wills and Estates Solicitor to learn more about your role, how the estate is administered, what your legal obligations are, and the steps required to finalise the estate efficiently and in accordance with the law. We provide clear and practical advice and guide you through each step of the process, from applyng for probate through to distribution, so you can fulfil your duties with confidence. Contact our office today on (02) 4954 8666 to arrange an appointment and obtain tailored advice for your specific circumstances.

Purchasing your first home is a significant milestone. It is often exciting and deeply personal, but it can also feel overwhelming. Contracts, disclosure documents, statutory timeframes and unfamiliar terminology can quickly make the process seem complex. In New South Wales, the legal framework governing property transactions is detailed and highly regulated. Understanding the role of a conveyancer, and engaging one early, can provide clarity, structure and confidence throughout the purchasing journey. This article explains what conveyancing involves in NSW, how a conveyancer supports first home buyers, and why professional guidance is critical when entering the property market.  What Is Conveyancing? Conveyancing is the legal process of transferring ownership of real property from one party to another. In NSW, residential property transactions are primarily governed by the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2022. These laws regulate the form of contracts for sale, vendor disclosure requirements, and the rights and obligations of buyers and sellers. The conveyancing process typically includes: • Reviewing and advising on the contract for sale • Conducting statutory and property searches • Advising on cooling-off rights • Managing exchange of contracts • Coordinating settlement through electronic conveyancing platforms • Lodging transfer documentation with the NSW land registry For first home buyers, this process provides the legal foundation for what is often the largest financial commitment they will make. Why Conveyancing Is Particularly Important for First Home Buyers First-time buyers often have limited exposure to property contracts and statutory requirements. While attention is usually focused on finance approval and inspections, the legal structure underpinning the purchase is equally important. A conveyancer helps first home buyers: • Understand their contractual obligations before exchange • Identify risks in the contract • Ensure compliance with NSW legislative requirements • Manage strict timeframes • Navigate the settlement process with confidence Conveyancing provides both legal protection and practical guidance at each stage of the transaction. Reviewing the Contract for Sale Before exchange of contracts, the contract for sale must be carefully reviewed. Under the Conveyancing (Sale of Land) Regulation 2022, a vendor must attach prescribed documents to the contract, including title searches, planning certificates and other statutory disclosures. A failure to properly disclose certain matters may affect the purchaser’s rights. Contract review may involve: • Explaining key clauses and special conditions • Reviewing inclusions and exclusions • Confirming settlement timeframes • Identifying unusual or adverse terms • Advising on cooling-off rights under section 66S of the Conveyancing Act 1919 For a first home buyer, understanding these terms in plain language before signing is essential. Conducting Property Searches and Due Diligence Searches are a critical part of the conveyancing process. They provide information about matters that may not be visible during an inspection. Depending on the property, searches may include: • Title and ownership searches • Zoning and planning certificates • Sewer and drainage diagrams • Strata records inspections (if applicable) • Land tax and council rate checks These searches help buyers understand: • Restrictions on development or renovation • Easements or encumbrances on title • Outstanding rates or charges • Strata levies and by-laws Due diligence ensures that the buyer is fully informed before committing to the purchase. Exchange of Contracts Exchange of contracts is the point at which the transaction becomes legally binding. Until exchange, either party may withdraw (subject to any holding deposit arrangements). After exchange, the buyer is contractually committed to complete the purchase. A conveyancer assists by: • Confirming that finance, inspections and other conditions are addressed • Explaining the cooling-off period (if applicable) • Coordinating formal exchange with the vendor’s representative Understanding the significance of exchange is particularly important for first home buyers, as this is the point at which legal obligations crystallise. Managing Key Dates and Conditions Property transactions in NSW involve strict timelines. These may include: • Cooling-off periods • Finance approval deadlines • Settlement dates • Pre-settlement inspection timeframes Missing a deadline may have serious consequences, including termination rights or loss of deposit. A conveyancer monitors and manages these critical dates, ensuring compliance with contractual and statutory obligations. Preparing for Settlement Settlement is the final stage of the transaction. In NSW, most settlements are conducted electronically via approved electronic conveyancing systems. Preparation may involve: • Reviewing and confirming final settlement figures • Adjusting council rates, water rates and strata levies • Coordinating with lenders • Preparing and signing transfer documents • Ensuring stamp duty compliance Transfer duty (commonly referred to as stamp duty) is governed by the Duties Act 1997. First home buyers may be eligible for exemptions or concessions under the First Home Buyer Assistance Scheme, subject to eligibility criteria. Ensuring duty is properly assessed and paid is a key part of settlement preparation. Post-Settlement Requirements After settlement, the transfer of land must be registered with NSW Land Registry Services under the Real Property Act 1900. Registration: • Confirms the purchaser as the new registered proprietor • Protects the buyer’s legal interest in the property • Finalises the transfer of ownership Your conveyancer manages this process to ensure your ownership is formally recorded. Engaging a Solicitor Early Many first home buyers only engage a conveyancer once they have found a property. However, early engagement can provide valuable guidance before offers are made or contracts signed. Early advice may assist buyers to: • Understand the purchasing process upfront • Clarify budget considerations including duty • Ask informed questions during inspections • Avoid signing documents without legal review For first home buyers, this early clarity can reduce stress and prevent costly mistakes. Supporting First Home Buyers Across NSW While property markets vary across NSW, the legal framework governing conveyancing remains consistent statewide. Whether purchasing in metropolitan Sydney, regional NSW, coastal communities or inland centres, the statutory requirements and contractual obligations are the same. A structured and informed approach to conveyancing helps ensure that your first property purchase proceeds as smoothly as possible. How Dawson Pouwhare Legal & Conveyancing Can Assist At Dawson Pouwhare Legal & Conveyancing, we assist first home buyers across NSW with clear, practical and legally sound conveyancing advice. From contract review through to settlement and registration, we guide you through each stage of the transaction with transparency and attention to detail. If you are purchasing your first home and would like advice before signing a contract, we encourage you to contact our office. 📞 Speak with our team today 🌐 Visit us at www.dawsonpouwhare.com.au

Not every grandchild has the right to contest a grandparent’s Will in New South Wales. While family provision claims are commonly associated with spouses and children, grandchildren are not automatically entitled to make a claim under the Succession Act 2006 (NSW). In limited circumstances, a grandchild may qualify as an “eligible person” and seek provision from an estate. This article explains when a grandchild may be entitled to contest a Will, what the law means by “dependency” and “factors warranting”, and how the Court approaches these claims. Are Grandchildren “Eligible Persons” Under the Succession Act 2006 (NSW)? Sometimes — but not automatically. Under section 57 of the Succession Act 2006 (NSW), a grandchild may only be considered an eligible person if they can establish that, at some point: they were wholly or partly dependent on the deceased, and they are a grandchild of the deceased; or they were a member of the deceased’s household in a substantial way. Importantly, satisfying one of these categories does not guarantee a successful claim. Even if eligibility is established, the grandchild must also demonstrate that there are “ factors warranting ” the Court’s intervention. Only once both eligibility and warranting factors are established will the Supreme Court of NSW consider whether the Will made adequate provision for the grandchild’s proper maintenance, education, or advancement in life. What Does “Dependency” Mean? Dependency is assessed as a matter of practical reality. The Court will consider whether the deceased provided regular and ongoing financial support , such as: payment of living or schooling expenses providing accommodation meeting day-to-day necessities Occasional gifts, sporadic assistance, or emotional closeness alone are not sufficient to establish dependency. The support must be meaningful and ongoing. What Are “Factors Warranting” a Claim? “Factors warranting” refer to circumstances that make it appropriate for the Court to intervene in the deceased’s testamentary arrangements. For grandchildren, this often involves situations where the deceased effectively acted as a parent, such as: long-term caregiving responsibilities assuming responsibility for housing, education, or daily care a relationship that went beyond the usual grandparent-grandchild bond The Court assesses these factors against prevailing community standards to determine whether the deceased owed a moral or social obligation to provide for the grandchild. Case Example: Adult Grandson’s Claim Dismissed A recent Supreme Court of NSW decision highlights the high threshold adult grandchildren must meet. In Broadus v Cradduck [2025] NSWSC 402 , the deceased left his entire estate to his only surviving son. An adult grandson, who was not named as a beneficiary, brought a family provision claim alleging financial and emotional dependency. The Court considered whether: the grandson was an eligible person factors warranted provision being made the Will reflected the deceased’s testamentary intentions Despite the grandson’s claims, the evidence showed only sporadic visits and occasional financial assistance . He was not found to be a member of the deceased’s household, nor financially or emotionally dependent in any meaningful way. The Court held that prevailing community standards did not impose any obligation on the deceased to provide for an adult grandchild, particularly where doing so would prejudice the primary beneficiary. The Will was found to reflect the deceased’s rational and deliberate intentions, and the claim was dismissed Key Takeaway for Grandchildren and Families This decision reinforces that adult grandchildren face a high bar when seeking provision from a grandparent’s estate. Establishing eligibility alone is not enough — compelling evidence of dependency and factors warranting Court intervention is essential. Get Advice from an Experienced Wills & Estates Lawyer If you believe you have been inadequately provided for in a Will, or if you are administering an estate and facing a potential family provision claim, early legal advice is critical. At Dawson Pouwhare Legal & Conveyancing , our experienced Wills & Estates lawyers can assess eligibility, advise on prospects of success, and guide you through the family provision process with clarity and care. 📞 Contact Dawson Pouwhare Legal & Conveyancing to arrange a confidential consultation 📍 Offices in Cardiff and Morisset | Servicing Lake Macquarie and the Hunter Region Clear advice. Practical solutions. Local expertise.

Purchasing residential property through a Self-Managed Super Fund (SMSF) can be an attractive strategy for some Australians looking to grow their retirement savings. However, SMSF property purchases are highly regulated and require careful plnning to ensure strict compliance with superannuation, taxation, and property law requirements. If you currently have SMSF or are considering establishing one to invest in residential property, it is critical to understand the legal and practical issues involved before entering into a contract. The Regulatory Framework for SMSF Property Purchases SMSF's are governed primarily by the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act) , the Superannuation Industry (Supervision) Regulations (1994) (Cth) , and oversight by the Australian Taxation Office (ATO). At it's core, a SMSF exists for one purpose only: To provide retirement (or death) benefit for its members Any decision to purchase property must be consistent with this objective and structured correctly from the outset. Key Legal Consideration When Buying Residential Property in a SMSF 1. The Sole Purpose Test The sole purpose test (section 62 of the SIS Act) is fundamental to all SMSF investments. A SMSF must be mainained solely to provide retirement or death benefits for its members. This means: The property cannot be lived in by a member, relative, or any related party; The property cannot be used as a holiday home or for personal purposes; The investment must be made purely for long-term retirement outcomes. Breaching the sole purpose test can result in significant tax penalties and the loss of the fund's concessional tax treatment. In addition, all transactions must occur on an arm's length basis, meaning the property must be purchased at genuine market value and on commercial terms. 2. Borrowing Through a SMSF (Limited Recourse Borrowing Arrangements) SMSF's are generally prohibited from borowing. However, an exception exists where borrowing is structured as a Limited Recourse Borrowing Arrangement (LRBA) under sections 67A-67B of the SIS Act. Under the LRBA: The Borrowed funds are used to acquire a single acquirable asset (or a collection of idential assets); The property is held on trust by a separate holding trustee until the loan is repaid; The lender's rights are limited to the property itself (not other SMSF assets). LRBA's are legally complex and involve multiple parties and documents, including bare trusts, loan agreements, and SMSF trust deed considerations. Timeframes for approval are often significantly longer than for standard residential purchases. 3. Property Expenses Must Be Paid by the SMSF All costs associated with the property must be paid directly from the SMSF, including: Rates and strata levies; Insurance; Property Management fees; Repairs and Maintenance. Members or related parties cannot personally pay expenses on behalf of the fund (even temporarily), as this may constitute an illegal contribution or financial assistancw to a member. Practical Tips Before You Sign a Contract Before comitting to a purchase, it is strongly recommended that you: Speak with your accountant or financial advisor to confirm the investment complies with SMSF rules; Ensure the property is not acquired from a related party (with limited exceptions that do not apply to residential property); Obtain legal advice before exchange of contracts to ensure the contract structure is SMSF- compliant; Confirm lender requirements early if borrowing is involved; Allow extra time for approvals, documentation, and settlement planning. SMSF purchases are far more involved that standard residential conveyancing and errors made early can be costly and difficult to rectify. How We Can Assist With Your SMSF Property Purchase Purchasing property through a SMSF requires careful coordination between your accountant, financial advisor, lender and solicitor. Our team regularly assists clients with: Reviewing and advising on contracts for SMSF compliance; Ensuring correct trust and ownership structures are in place; Managing extended settlement and finance conditions; Reducing risk by identifying issues before exchange. Speak to Our Team Before You Buy If you are considering purchasing residential property through your SMSF, obtaining legal advise from our solicitors before signing a contract is essential. Contact Dawson Pouwhare Legal & Conveyancing on 02 4954 8666 or by our Web Form via our website to get in touch with our team to discuss your SMSF property ourchase and ensure it is structured correctly from the outset.

In family law matters, transparency is not optional. The Australian family law system requires parties to be open and honest with each other about their financial circumstances and, where relevant, matters affecting children. This obligation is central to achieving fair and just outcomes in both property settlement and parenting disputes. Recent legislative reforms have reinforced the importance of disclosure by embedding this obligation directly into the Family Law Act 1975 (Cth). Disclosure is now a statutory obligation Historically, the duty of disclosure was contained in the Family Circuit and Family Court rules. However, following the commencement of the Family Law Amendment Act 2024 (Cth) on 10 June 2025 , the obligation to provide full and frank disclosure has been elevated into the Family Law Act 1975 (Cth) itself. These reforms are designed to: promote transparency between separating parties; reduce unfair outcomes caused by hidden or delayed information; and ensure lawyers actively advise clients about the consequences of non-compliance. Disclosure is now clearly recognised as a fundamental legal duty. What does disclosure require? Under the Family Law Act 1975 (Cth), parties to family law proceedings are required to: provide full and frank disclosure of all information relevant to the issues in dispute; do so promptly, without delay, evasion or concealment; disclose material that may be adverse to their own case or supportive of the other party’s position; and continue to provide disclosure on an ongoing basis as circumstances change. Importantly, disclosure must be provided proactively . Parties cannot simply wait until documents are requested or proceedings are well advanced. This obligation applies to both property/financial matters and parenting matters. Disclosure in financial and property matters Depending on the circumstances of the case, disclosure in financial matters may include: bank statements; payslips and employment records; personal and business tax returns; superannuation statements; property valuations; documents evidencing ownership or interests in real property, companies or trusts; business financial records (including BAS statements and profit and loss reports); trust deeds and trust financial statements (where applicable); loan agreements and mortgage documents; and records relating to the disposal or transfer of assets. Disclosure in parenting matters In parenting disputes, disclosure may extend beyond financial documents and can include: school reports and educational records; medical and health records; reports from psychologists, counsellors or other treating professionals; family violence orders or applications; records relating to any involvement by child protection authorities; relevant communications; and photographs or other documents relevant to parenting capacity or arrangements. What if disclosure is not provided? If one party believes the other is withholding relevant documents or information, there are several mechanisms available to compel disclosure, including: requests for production and inspection of identified documents; applications to the Court seeking specific disclosure orders; and subpoenas issued to third parties such as banks, employers, accountants, medical providers or schools. Consequences of failing to disclose Failing to provide full and proper disclosure can carry serious consequences. The Court has wide discretion to respond to non-compliance, including: making costs orders against the non-compliant party; drawing adverse inferences about a party’s credibility or financial position; staying or dismissing an application; and in serious cases, treating non-disclosure as contempt of court, which can attract significant penalties, including fines or custodial sentences. Because disclosure is now embedded in the Family Law Act 1975 (Cth), the risks associated with non-compliance are more significant than ever. Disclosure is an ongoing obligation Disclosure does not end once documents are exchanged. Parties are required to notify each other of any material change in circumstances, such as: new employment or income; receipt of an inheritance or lump sum; sale or acquisition of assets; or changes affecting parenting arrangements. Where proceedings are on foot, updated financial statements or affidavits may be required. If proceedings have not yet commenced, disclosure may be provided through solicitor correspondence accompanied by supporting documents. Why proper disclosure matters Full and frank disclosure: protects your legal position; reduces the risk of delay, disputes and adverse court outcomes; and supports the integrity of negotiations and court processes. Attempting to withhold information often causes far greater legal and financial consequences than the disclosure itself. How Dawson Pouwhare Legal & Conveyancing can assist At Dawson Pouwhare Legal & Conveyancing , we provide clear, practical advice to clients navigating family law matters, including their disclosure obligations. We assist clients to: understand what disclosure is required in their circumstances; gather and organise financial and parenting-related documents; comply with their legal obligations under the Family Law Act 1975 (Cth); and respond appropriately where disclosure issues arise. Speak with a family lawyer today! Call us on (02) 4954 8666

Timeline of a Conveyancing Transaction in NSW One of the most common questions asked by parties to a property transaction is: “How long will the conveyancing process take?” The answer will vary depending on the circumstances of the transaction. However, every conveyance has a clear beginning and a clear end. In New South Wales, the conveyancing process generally commences with the exchange of Contracts for the Sale of Land and concludes at settlement, when ownership of the property is transferred from the Vendor to the Purchaser and all contractual obligations have been satisfied. Understanding the typical stages of a conveyance can help Vendors and Purchasers feel informed and prepared throughout the process. Work undertaken prior to exchange of contracts Although exchange of contracts is the legal starting point of a conveyancing transaction, a significant amount of important work occurs before exchange. This preparatory stage is critical, as once contracts are exchanged, the parties are generally legally bound. Prior to exchange, your solicitor will typically: Review the Contract for Sale to ensure it complies with NSW requirements and accurately reflects the agreed terms, including the purchase price, settlement period, inclusions, and any special conditions. Advise on legal risks and obligations, such as easements, restrictions on title, zoning issues, strata matters (if applicable), and any unusual or adverse contract terms. Negotiate amendments to the contract, including changes to special conditions, settlement dates, deposit arrangements, or conditions relating to finance or building and pest inspections. Conduct preliminary searches and enquiries where appropriate, to identify potential title or planning issues that may affect the property or the purchaser’s intended use. Advise purchasers on cooling-off rights, including whether the statutory cooling-off period applies, how it operates, and the consequences of waiving or excluding it. Coordinate with real estate agents, brokers, and lenders to ensure timing aligns with finance approval and the parties are ready to proceed to exchange. Explain the practical and financial consequences of exchange, including deposit requirements, key dates, and the risks of proceeding prematurely. For purchasers, this stage provides the opportunity to fully understand what is being bought and to make an informed decision before becoming legally committed. For vendors, it ensures the contract is accurate, enforceable, and structured to minimise delays or disputes after exchange. Careful legal preparation prior to exchange can prevent costly issues later in the transaction and helps ensure the conveyance progresses smoothly once contracts are exchanged. Exchange of contracts Exchange of contracts marks the legal commencement of the transaction. Prior to exchange, the Vendor and Purchaser negotiate the terms of the contract, including the purchase price, settlement period, inclusions, and any special conditions. At exchange: • the Vendor signs one copy of the contract; • the Purchaser signs an identical copy; and • the contracts are checked page by page to ensure they are identical before being formally exchanged. Once exchanged and dated, the contract becomes legally binding on both the Vendor and the Purchaser. From this point: • the deposit becomes payable and is usually held in trust; • statutory and contractual timeframes commence; and • the parties are committed to completing the transaction, subject to any applicable cooling-off rights. Under the Conveyancing Act 1919 (NSW) , most residential purchases attract a five-business-day cooling-off period, unless it is validly waived or excluded. The date of exchange is critical, as it determines all key deadlines, including: • cooling-off expiry; • finance approval periods (if applicable); • adjustment calculations; and • the settlement date. The period between exchange and settlement The period between exchange and settlement is when most of the legal and administrative work occurs. For residential conveyances in NSW, the standard settlement period is 42 days (six weeks), unless otherwise agreed. During this period, the Purchaser’s solicitor will typically: • review title searches and enquiries to ensure the Vendor can provide good title; • liaise with lenders regarding loan and mortgage documentation; and • prepare for settlement. The Vendor’s solicitor will: • arrange for discharge of any existing mortgages; • prepare adjustment figures; and • ensure the Vendor complies with contractual obligations. Both solicitors liaise with banks, agents, and each other to ensure settlement can proceed smoothly. Settlement Settlement is the final stage of the conveyancing process. At settlement: • the balance of the purchase price is paid by the Purchaser; • title to the property is transferred from the Vendor to the Purchaser; and • the transaction is completed in accordance with the contract. In NSW, settlements are now predominantly conducted through electronic conveyancing platforms, allowing parties, solicitors, and lenders to meet in a secure electronic workspace. Funds and title documents are exchanged digitally, improving efficiency and accuracy. For Vendors, sale proceeds are generally transferred directly into their nominated bank account on the day of settlement. Why experienced legal advice matters While many conveyances proceed without issue, problems can arise, including: • damage to the property between exchange and settlement; • delays in finance approval or mortgage discharge; • title defects; or • insufficient funds to complete settlement. Experienced legal advice can often resolve these issues quickly and reduce the risk of delay or dispute. How Dawson Pouwhare Legal & Conveyancing can assist At Dawson Pouwhare Legal & Conveyancing, we provide clear, proactive advice to both Vendors and Purchasers throughout the conveyancing process. We assist with: • contract review and negotiation; • exchange and cooling-off advice; • settlement preparation and electronic conveyancing; and • ensuring compliance with NSW conveyancing legislation.

Across New South Wales, an increasing number of families are becoming involved in legal disputes following the death of a loved one. Contested estates are now a growing and costly issue, often arising where estate planning has not kept pace with changing family circumstances, asset values, or legal requirements. Recent reporting has highlighted a steady rise in people dying: • without a valid Will, • with an outdated Will, or • with a Will that is unclear, incomplete, or open to challenge. As a result, applications relating to contested estates before the Supreme Court of New South Wales have increased significantly in recent years. This trend underscores the importance of careful, proactive estate planning. A properly prepared and up-to-date Will can help ensure your wishes are carried out and reduce the risk of disputes between those you leave behind. Contested estates are a growing problem in NSW In 2024 alone, more than 1,400 estate disputes were commenced in NSW. These included: • Family provision claims, where an eligible person argues that adequate provision was not made for them under a Will (or under intestacy), and • Contentious probate proceedings, where the validity of a Will itself is challenged. At the same time, it is estimated that close to 60% of people in NSW die without a valid Will. In these cases, the estate is distributed according to the rules of intestacy under the Succession Act 2006 (NSW), rather than according to the deceased’s personal wishes. For families with blended relationships, estrangements, de facto partners, or significant property holdings, intestacy often produces outcomes that were never intended and can fuel conflict between family members. Why are contested estates increasing? Several factors are contributing to the rise in estate disputes across NSW. Rising property values For many families, the family home is the most valuable asset in the estate. With median property prices in Sydney and surrounding regions now exceeding $1 million, estates that were once modest have become substantial. As estate values increase, so too does the incentive to challenge a Will or make a claim. Lack of valid Wills DIY Wills, online templates, and low-cost “off-the-shelf” options frequently fail to meet the formal requirements for a valid Will under NSW law. Errors in execution, unclear wording, or incorrect assumptions about asset ownership can leave a Will vulnerable to challenge or even invalid. Where no valid Will exists, intestacy provisions apply, often producing results that differ significantly from what the deceased may have intended. Outdated Wills An old Will can be just as problematic as no Will at all. Changes in relationships, financial circumstances, asset structures, or tax considerations may render an existing Will inappropriate or unfair. Outdated Wills are more likely to attract family provision claims and may expose the estate to unnecessary tax or administrative complexity. Blended and complex family structures Second marriages, step-children, estranged family members, and de facto relationships can all give rise to competing expectations. Without careful planning, these situations increase the likelihood of disputes, particularly where one group feels overlooked or unfairly treated. Increased awareness of legal rights The right of eligible persons to make a family provision claim under Chapter 3 of the Succession Act 2006 (NSW) is now widely understood. Spouses, former spouses, children (including adult children), de facto partners, and dependants may all have standing to bring a claim. Greater awareness has led to more claims being commenced. Unexpected outcomes Where a family member expects to receive a particular benefit and is surprised by the terms of a Will (or by the absence of one), they may be more inclined to challenge the estate. The consequences of a disputed estate Contesting an estate can have serious and lasting consequences, including: • Delay: Estate administration can be delayed for months or even years. • Costs: Legal fees, barristers’ fees, and court costs can significantly reduce the value of the estate. In many cases, both sides’ costs are paid from the estate itself. • Emotional strain: Litigation adds stress and uncertainty to an already difficult time for grieving families. • Broken relationships – Estate disputes often permanently damage family relationships. In short, disputes can erode both the financial value of an estate and the relationships it was meant to benefit. Steps to reduce the risk of a contested estate While no estate plan can prevent every possible claim, there are practical steps you can take to reduce risk and strengthen your position. Make a valid Will A Will must comply with the formal requirements set out in the Succession Act 2006 (NSW) to be recognised as valid. Engaging an experienced estate planning lawyer helps ensure your Will is properly drafted, executed, and legally effective. Plan early Estate planning is most effective when done well before it becomes urgent. Planning early allows for greater flexibility and avoids complications that can arise if capacity is lost through illness or accident. Review your Will regularly Major life events, such as marriage, separation, the birth of children or grandchildren, or significant changes in assets, should trigger a review of your Will. Even without major changes, a Will should generally be reviewed every three to five years to ensure it remains fit for purpose. Consider superannuation and non-estate assets Superannuation, trusts, insurance policies, and jointly owned assets do not automatically form part of your estate. These assets require separate consideration as part of a comprehensive estate plan. Be clear about your intentions Where appropriate, clear communication with family members can help manage expectations and reduce the risk of surprise or misunderstanding after death. Seek tailored legal advice Every family situation is different. What works for one family may create risk for another. Professional advice ensures your estate plan reflects your circumstances and minimises the likelihood of disputes. Get clear advice from a Wills & Estates lawyer The rise in contested estates in NSW highlights the importance of having a clear, legally sound estate plan. With increasing property values and more complex family structures, failing to plan properly can leave loved ones facing confusion, conflict, and costly litigation. By preparing a valid Will, reviewing it regularly, and obtaining tailored legal advice, you greatly improve the chances that your wishes will be respected and your family protected. How Dawson Pouwhare Legal & Conveyancing can help At Dawson Pouwhare Legal & Conveyancing , we provide clear, practical advice on Wills and estate planning, with a focus on protecting your assets and reducing the risk of future disputes. Call us today on (02) 4954 8666 to book in.

When parents separate, one of the most important steps is establishing clear and workable arrangements for their children. Many families feel unsure whether they should formalise their agreement through Consent Orders or opt for a more flexible Parenting Plan. There is no universa "correct" choice, each option serves a different purpose dependng on your family's circumstances. This blog explains the key differences, benefits and limitations of both pathays to help you make an informed decision. What Are Consent Orders? Consent orders are formal, legally binding Orders of the Federal Circuit and Family Court of Australia, made by agreement between the parties. In most cases, parents do not need to physically attend Court - the Orders are made "on the papers" once filed. You can reach an agreement through: Mediation and Dispute Resolution Private discussions between the parties, or Negotiations conducted by solicitors. Although you may never step foot inside a courtroom, Consent Orders carry the same legal force as Orders made after contested proceedings. Each party must comply unless there is a signifiicant and immediate risk of harm to the child that prevents compliance. If Consent Orders are breached, the Court has wide powers to enforce them, including: Fines, Injunctions, Good behaviour bonds, and In serious cases, imprisonment. If you cannot comply with a Consent Order due to safety concerns, it is essential to make an urgent application to vary the Orders. Consent Orders can be fild in the Family Court or the Local Court. A filing fee of $205 applies, though this may be waived if a party holds a Government Concession Card, has a Legal Aid grant, or meets financial hardship criteria. What Is a Parenting Plan? A Parenting Plan is a written agreement signed by both parties but not filed with the Court. Because it is not a Court Order, it is not legally enforceable. Parenting Plans can be created: Following Mediation, Through solicitor-assisted negotiations, or By private agreement between parents. While the Court cannot penalise a parent for breaching a Parenting Plan, it must have regard for the most recent Parenting Plan where it considers it in hte best interest of the child to do so. A Parenting Plan can then be used if future Court proceedings become necessary. Importantly, Parenting Plans do not attract any filing fees. Similarities and Differences: What Both Options Can Cover Both Consent Orders and Parenting Plans typically include arrangements for: Long-term decision making responsibilities, Where the child lives and how time is shared, School holiday and special occasion arrangements, Changeover procedures, Access to school and medical information, Communication (telephone or video calls), Travel arrangements, Safety-related clauses tailored to the child's needs. Key Differences Consent Orders Legally binding and enforceable Harder to change, require further agreement or Court application Filing fee and documents lodged with the Court Court can impose penalties for breach Parenting Plans Not legally enforceable Flexible and easy to update No filing fee and no Court involvement No penalties for breach Which Option Is Better? There is no one size fits all answer. The best option depends on the age of the children, the level of cooperation between parents, and the need for certainty or flexibility. In practice: Parenting Plans often work well when children are very young (around three years or under) and parents communicate effectively. Consent Orders are generally preferable where stability, clarity and enforceability are required, or where the co-parenting relationship is strained. If communication is poor or one parent is unpredictable, Consent Orders usually offer stronger protection and certainty. Need Advice About Parenting Arrangements? At Dawson Pouwhare Legal and Conveyancing , our Family Law Team, led by solicitor Kathryn Wielinga, is here to provide clear and practical guidance tailored to your circumstances. Kate is highly experienced in complex parenting and property matters. Contact our friendly team today for tailored advice.