De Pasquale Lawyers in Leichhardt, New South Wales, Australia | Notary public

De Pasquale Lawyers

Locality: Leichhardt, New South Wales, Australia

Phone: +61 2 9560 3759

Address: 58 Norton Street 2040 Leichhardt, NSW, Australia

Website:

Likes: 117

Add/Update information

Reviews

Tags

• Estate planning solicitor
• Property lawyer
• Notary public

24.01.2022 Visit De Pasquale Lawyers Facebook page to see our recent post on the importance of having a last Will & Testament along with details of our free half hour consultation

22.01.2022 For the next week I will be happy answer all your questions about the current Covid-19 situation and how it might affect you and/or your business. No charge! DM me and I will do my best to help out in any way I can. Keep safe and well. Therese

17.01.2022 Leases - Commercial/Retail - I hope you and your loved ones are all keeping safe and not pulling your hair out in isolation. Over the past few weeks I have had a number of enquiries from clients regarding their rights both as landlords and tenants during these unprecedented circumstances. Yesterday, the Prime Minister announced that the States have agreed on a mandatory code regarding commercial tenancies that landlord and tenants will be bound by. At present, whilst the ...Code has been agreed, it is still not law. We are waiting on the NSW State Government to pass that law but it is anticipated that it will cover issues such as landlords not being able to terminate leases or take possession of premises as a result of unpaid rent. The extent of the law will be seen in due course. I would urge all of you, whether you are tenant or landlord, to negotiate in good faith and ensure that any agreement reached with respect to rent relief be documented in writing so that there is no confusion after the 6 month period whether the rent relief needs to be repaid or not. We are here to assist landlords and tenants alike to document agreements or give advice during negotiations. Please email me directly if you or anyone you know has any queries: [email protected] See more

13.01.2022 Further to my post earlier today regarding commercial/retail leases, I now have a complete version of the mandatory code which sets out the principles upon which the law will be based. If you are a tenant or a landlord please contact me directly for further information and guidance: [email protected]

13.01.2022 I have attached a link below being the ACCC information sheet for all Small Businesses: https://www.accc.gov.au//covid-19-coronavirus-information- I would also encourage you all to like and share our page as we will be sending out posts frequently to keep everyone informed as and when laws change during this Covid 19 crisis. You may be interested if you are a commercial client, run a business or simply have an investment property and want to know your rights. Please feel free to contact me at [email protected]

11.01.2022 On 24 April 2020 the NSW Parliament passed the regulations for retail and commercial leases which give effect to the Mandatory Code of Conduct - SME Commercial Leasing Principles During Covid-19 protecting impacted lessees from eviction and legal proceedings being instituted. Please call us to find out your rights whether you are a tenant or landlord (02) 9560 3759

10.01.2022 ALERT FOR TRUSTEES OF DISCRETIONARY TRUSTS If you are a trustee or director of a trustee of a discretionary trust and you hold, or in the future intend to hold residential land in NSW, or if you have established a discretionary testamentary trust in your Will then the information below is CRITICAL for you to act on now. From 31 December 2020, a trustee of a discretionary trust will be deemed to be a foreign person unless the trust deed is amended prior to then specifically ...preventing a foreign person from being a beneficiary of that trust and the no amendment requirement is met. Implications if you do not comply Surcharge purchase duty will apply to properties purchased in the name of the trust (8%) Surcharge land tax will apply to property owned by you (2%) I know a lot of you have discretionary trusts and others have established testamentary discretionary trusts, therefore, it is imperative that you deal with these matters now and not wait until the eleventh hour in December when everyone is busy during the Christmas rush. Please contact us to prepare a Deed of Variation so that it complies with the legislative requirements and you are not stung with more land tax (as many of you would already be paying a lot of money in land tax) or more purchase duty if you intend to purchase a property (as I am sure we all agree that you already pay enough stamp duty when you purchase property). We look forward to helping you avoid inadvertently being deemed a foreign person for land tax and purchase duty purposes (02) 9560 3759.

08.01.2022 The importance of having a Will? With all the media coverage regarding family members and non-family members challenging wills, I hear many people ask why should I have a Will particularly if a Court can change your wishes. There are a couple of reasons: 1. Looking after your children: ... (a) If you have a child or children, you can appoint a Guardian for them in your Will so you decide who will look after your child or children. (b) You decide and control the age when your child or children will have control of any assets you leave. (c) You decide who will act as your children’s trustee until such time as they actually control the assets yourself. 2. Your Will does matter: What you want to happen with your estate as expressed in your Will does matter. One of the primary considerations of a court in considering any challenge of a Will is what the intentions of the Testator (or Will maker) are, as expressed in his/her Will. A carefully drafted Will, eliminates or reduces the possibility of someone challenging your Will from being successful. 3. You decide who benefits from your Estate: You decide who ultimately gets whatever you leave when you pass away instead of it being decided by the line of beneficiaries set out in the relevant state legislation. If a family member you know has passed away that hasn’t left a Will, we can assist in making an application for administration. The process in applying to the Supreme Court after you have died is far more complex if there is no Will than if you leave a Will. I have also heard a lot of people say if you don’t leave a Will everything goes to the government. This is not technically true. There are a line of beneficiaries as set out in the Succession Act that are entitled if you don’t leave a Will and that may not be where you want your assets to go when you die. In having a valid Will, you decide where your estate goes. You can leave things to charities or particular family members, but, ultimately when you leave a Will you have the control over your Estate. If you haven’t reviewed your Will in a while we suggest you do so. You should review any existing will if there has been any change in your personal circumstances such as getting married, entering a de facto relationship, getting divorced, having children, establishing family trusts or a significant increase or decrease in your assets/estate.

08.01.2022 LAND TAX CONCESSIONS - COVID-19 Update: For those landlords providing rent relief to their tenants applications are now open online. These concessions are up to 25% of the 2020 land tax liability but subject to the landlord passing on all the savings by way of a rent reduction to their tenant. If you have already paid your land tax you will get a refund - could take up to 5 days after approval and if you haven't paid all your land tax for this year then the concession will be applied to any unpaid instalments. You should apply by no later than 31 October 2020. The following link is the page for the online application.https://www.service.nsw.gov.au//apply-covid-19-land-tax-re

06.01.2022 To all clients We remain open during this unprecedented crisis, however we are limiting contact with clients and trying to conduct all meetings via telephone. If we can assist you with anything at the moment please contact us on 9560 3759 alternatively email me directly: [email protected] Someone will get back to you within 24 hours even if there is a complete shutdown of all non-essential businesses and services. Stay safe and please listen to the government warnings regarding social distancing and self isolation. Therese

04.01.2022 Reasons why people challenge Wills There are a number of reasons why people challenge a Will. You will see below, a few of the most common reasons why people challenge Wills (this is not a comprehensive list): The person making the Will lacked testamentary capacity at the time of making a Will. That is, that the person making the Will at the time of making the Will did not understand the nature and effect of the document that he/she was signing. There are specific steps ...to be followed by a solicitor if there is any doubt as to the capacity of the Testator (person making the Will) to ensure that the Will withstands any claim that the person lacked the requisite capacity at the time of making the Will. With an ageing Australian population and the increasing rates of dementia, it is imperative, if there is any doubt regarding the capacity of the person making a Will, to have an experienced solicitor get instructions and establish the capacity of the Testator to ensure this issue does not arise after they pass away. The Testator was acting under undue influence or fraud. That is, where a Testator is pressured, tricked or forced to sign a Will by another person. The Testator did not make adequate provision for an ‘eligible person’ as defined by the Succession Act this is called a Family Provision claim. Some of the classes of eligible persons include a spouse, de facto partner, child, former spouse, person living in a close personal relationship with the Deceased, a grandchild that is dependent and was a member of the deceased's household . If you have been left out of a Will or you know someone that has and you think that any of the above instances apply to you or your loved ones, you may be entitled to make a claim. Book an appointment with us today. Call (02) 9560 3759.

02.01.2022 Just an update regarding our opening hours - we are still working and attending to all our clients matters, however, I made a decision a week ago to work remotely from home. It was a difficult decision but I felt it necessary to ensure the safety of our staff, clients and to generally do our part in complying with the Government advice that if you can work from home you should do so to limit the spread of Covid 19. The best way to contact us is via email [email protected] or [email protected] If you make contact we will contact you as soon as possible and please rest assured that everyone's matters are being dealt with like it's business as usual. Keep safe Therese

01.01.2022 The JobKeepers legislation passed both houses yesterday. See the link below for more information. I know many of you will appreciate the help at this difficult time. https://www.business.gov.au//coronavirus/jobkeeper-payment