Bowen Buchbinder Vilensky (BBV) is one of Western Australia’s most respected law firms, delivering legal advice and solutions across a full range of practice areas.
BBV is the first significant law firm in Perth to offer legal services on a Fixed Fee Pricing basis – we no longer bill by the hour. This revolutionary approach focuses on delivering greater certainty and peace of mind to our clients. It is also consistent with our intent to become a firm of the future. In adopting Fixed Fee Pricing, BBV is helping shape the future of the legal profession into one that is more client focused and outcome driven.
Recognised by the Law Society of Western Australia as an Approved Quality Practice, BBV is also the proud winner of the prestigious Law Australasia Pursuit of Excellence Award.
By Daniel Yazdani, Solicitor at Bowen Buchbinder Vilensky Lawyers
9 February 2017
In today’s globalised world, an increasing number of people own real estate in more than one country at any one time.
As a result, there has been an increase in the number of people who have both an Australian Will and a Will in a foreign country to dispose of real estate owned by them. The intention (subject to the manner in which the Wills are drafted) is usually for the foreign Will to dispose of real estate in that foreign country and for the Australian Will to dispose of all other assets of that person.
However, if you first make an Australian Will that only deals with your assets in Australia, and later make a second foreign Will that states that it revokes all previous Wills and deals solely with your real estate in that other country, what is the status of your Australian Will? Has your Australian Will been revoked by the later foreign Will?
This interesting predicament has been considered by the Australian Courts, which have set out principles to reduce the uncertainty that this creates and have determined that the question of whether a later Will revokes an earlier Will ultimately depends on the intention of the Will-maker: did he or she intend to revoke the earlier Will?
In Australia, in so far as real estate is concerned, such issues are generally referred to the law of the place where that real estate is situated (the legal principle of ‘lex situs’).
Posted on: Feb 9, 2017
24 January 2017
The Australian Law Reform Commission ("ALRC") has been conducting a review into elder abuse.
One of the proposals that the ALRC is considering is the establishment of a national register of Enduring Powers of Attorney ("EPAs"). The purpose of this register system is to reduce opportunities for appointed attorneys, or other people who may not be legally appointed, from using the power created in EPAs as a "licence to steal" from their elderly parents or friends. The proposed register will apply to enduring documents, (ie documents that survive the creator's loss of mental capacity) including EPAs and Enduring Powers of Guardianship ("EPGs").
There have long been calls for a national register of EPAs as there is presently no way of checking the validity of such a document when an elderly person's relative, friend, or carer attempts to withdraw or transfer money to undertake the transaction in the name of the donor under the power of the EPA.
Posted on: Jan 24, 2017
2 December 2016
When first entering into a lease of commercial premises the task may seem daunting as well as confusing.
A lease is a legally binding contract (carrying significant legal consequences if its terms are breached) which creates certain rights and obligations between a landlord and a tenant in respect of a particular property. A commercial lease is used where the main use of the property is for business purposes.
It is critically important for prospective tenants to be aware of, and to fully understand, all of the important terms and conditions of the proposed lease. Entering into a lease without doing so can lead to significant and potentially fatal financial consequences.
Posted on: Dec 2, 2016
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