Holcroft Lawyers in Mildura, Victoria | Legal

Holcroft Lawyers

Locality: Mildura, Victoria

Phone: +61 3 5022 2622

Address: 143 Langtree Avenue 3500 Mildura, VIC, Australia

Website: http://www.holcroftlawyers.com.au/

Likes: 447

Add/Update information

Reviews

Tags

• Legal

23.01.2022 The cost to buy farm land can be too much for many agricultural businesses. One solution that might work for you is to consider a share-farming arrangement. Under a typical share-farming agreement, one farming business, that owns land, makes that land available to another farming business. The two separate businesses split the revenue generated from the land and farming operations, so they are both sharing in the risk. They might agree to split costs evenly, or each will b...ear its own costs. The arrangement can be tailored to suit any deal you strike. As each arrangement can be different, a standard template might not quite suit your situation. In that case, you need to make sure that you put in place a clear share-farming agreement that sets out each party’s responsibilities. Our expert team at Holcroft Lawyers has significant experience in helping structure agricultural transactions get in touch today to see how we can help you too.

23.01.2022 Have you sat at home working on your hobby during the Covid-19 pandemic? Do you now want to take your passion to the next level? In the third article of our Business Law Explained series, we set out business considerations for selling your business all from the comfort of your own home. Check out that and other articles at: https://bit.ly/39rhvEI

22.01.2022 Happy New Year!! From the team here at Holcroft Lawyers! May you have a spectacular and prosperous New Year!

20.01.2022 #legaldefinitionoftheweek What is Probate? ‘Probate’ is the process of obtaining ratification from the Court in relation to the last Will of a deceased person.... If a person dies in Victoria leaving a Will, and where they owned property in their sole name, the executor named in the Will must apply to the Supreme Court of Victoria for a ‘Grant of Probate’. This process essentially involves the Court ‘ratifying’ that the Will of the deceased (i) is valid; (ii) is the last Will of the deceased; and (iii) that the executor making the application is legally authorised to procced with administering the estate. Once the Court issues a Grant of Probate to the executor, that executor had legal authority to distribute the assets of the deceased in accordance with the Will. If you need legal advice on finalising an estate or obtaining Probate, contact our experienced team at Holcroft to assist you: https://bit.ly/3lt6u8x

19.01.2022 How is unpaid debt handled when a person dies? Often when people pass away they leave some debt behind that has to be settled. The next of kin often wonders what happens with these debt obligations. It is the responsibility of the executor of the estate to see that any of outstanding debts of the estate get paid. ... In order to do this, the executor will generally need to obtain a Grant of Probate (except in very small estates). Upon obtaining Probate, the executor can then use the assets of the estate to repay the debts of the estate. If there are not enough assets in the estate to cover the debts, the executor may be able to negotiate a write off of the debt, or work out a way to pay the debt. A creditor or lender cannot request that an executor or family members personally pay off the debts of an estate. The unfortunate does happen from time to time and when it does know that you are in good hands with Holcroft Lawyers. Stay safe over the holiday break!

18.01.2022 Businesses sometimes have an opportunity to fast track their growth - through a merger or acquisition. It can be a tough process for a business to go through, but the rewards can be significant. We are here at Holcroft Lawyers to help you if you’re thinking of this option. A merger is when two separate businesses decide to pool their resources and form a new company. There might be economies of scale as a merged business, or maybe it’s a way to combine different products or s...ervices under the one roof. An acquisition is when one company buys another. That might be one company buying the assets (and taking over the liabilities) of another company. Alternatively the buyer might buy the shares in the target company. Either way, the process from negotiation to settlement is hard work. There are often multiple legal, financial, tax and other issues to work through. It’s important to have an experienced team on your site. Here at Holcroft Lawyers, we can you help you through the process to make sure your deal is a success.

18.01.2022 What is an enduring power? An enduring power is legal authorisation given to a person (called the Attorney) to make decisions and act on behalf of another person (called the Principal / Donor). We most commonly see this in an Enduring Power of Attorney. You can also limit the powers your Attorney has in the Enduring Power of Attorney document on both the personal and financial matters.... You can also limit the power to cover only specific matters and when the powers are to start, such as the power can start immediately or at some later date such as when the Principal losses capacity. We have experienced lawyers who can assist you in making an Enduring Power of Attorney. Contact us to discuss how we can assist you with making and Enduring Power of Attorney. https://bit.ly/3lt6u8x

18.01.2022 If you are a business owner, or if you own a range of different assets, or have complex personal or financial affairs, it is vital that you take estate planning seriously. You may need to consider: A complex will where assets are to be distributed in an unusual way or with conditions.... A testamentary trust a trust established in your will. It gives power to an appointed trustee to decide which beneficiaries receive a distribution, which allows flexibility for income to be distributed in the most tax effective manner. These types of arrangement require expert help to understand your objectives properly and make sure that your estate plan achieves your goals. Our expert team at Holcroft Lawyers can guide you through the various questions you need to consider and help tailor an estate plan that best fits your needs.

13.01.2022 If you’re a property owner in Victoria and thinking about subdividing your land, you will need to consider whether: There are any state or local planning policy implications that could impact on your proposal for subdivision? There are environmental or heritage listings that may impact the subdivision? There are minimum lot sizes?... The proposed new lots will be appropriately serviced by utilities and other infrastructure? The land is able to sustain the increased intensity of use or development following the subdivision? How the subdivision relates to and affects existing buildings? The legal framework is set out in the Subdivision Act 1988. This covers issues like subdivision, consolidation, easements, restrictions and common property. At Holcroft Lawyers, we can help you check whether your land is eligible for subdivision. We can help guide you through the process and the steps, making sure your interests are protected along the way.

13.01.2022 You may not think that water is a tradeable commodity in Australia. For those living in Australia it is a scarce and valuable asset that can be traded independently of farming land, depending upon the State in which you live. For the State of Victoria, water entitlements consist of:... the water share/s; the water allocation; water use licence including the annual use limit; and (for private diverters) the works licence for your water pump site. Usually the pipeline will be owned by a Water Corporation upon which the landowner will pay their water rates. The right of the Water Corporation to lay the pipes is protected by legislation. In Victoria this is the Water Act 1989. However, the water entitlements and the pipeline infrastructure can be owned by the landowner or in a syndicate of landowners. The right of the landowner/s receiving the benefit of the water supply to lay the pipes must be protected by way of easements. The dedicated property law team at Holcroft Lawyers like to K.I.S.S. (‘Keep It Super Simple’). Not big on word play and acronyms? Then contact us for straight-forward advice: https://bit.ly/3lt6u8x

13.01.2022 If you’re looking to buy a property, or you’re already a property owner, you have to remember that your neighbours might need your help (or you may need theirs) in the form of an easement - to enjoy their property.That sometimes means the law gives access, or rights over your property, to other people or prescribed authorities. Common examples include for powerlines, pipes, sewers and drains to be connected, for utilities and other service providers which are referred to a...s an ‘easement in gross’. The easements do not attach to dominant land. It is not recognised at common law and is a creature of statute. These can be acquired by agreement or compulsorily. Another common example of an easement is a private easement. This is a property right to make a limited use of land by someone other than an owner. It cannot give exclusive possession, and must be for the benefit of other land (the dominant land).Easements take various shapes and forms and at Holcroft Lawyers. We can help you investigate and understand the effects of an easement when you are buying a property.We can also help you with the surrender of creation a new easement. Get in touch with our team today to see how we can help.

11.01.2022 It is important to understand whether you can operate your business from your business premises This means confirming that the permitted use of a premises is contained (and accurately described) in the commercial lease and confirming that the zoning of the property allows you to operate your business from that premises. If you do not comply with the permitted use of the property, then you may be in breach of the lease and may also be ‘shut down’ by local council.... So it is critical to your business that you know what the intended use of the property is from the beginning to avoid any potential issues that may arise. If you need assistance with knowing what your permitted use of your property is contact our dedicated property law team before signing the lease. https://bit.ly/3lt6u8x

11.01.2022 If you are wondering what the role of a Commercial Lawyer is then we have the answers for you. The role of a Commercial Lawyer is to provide legal advice in relation to all business ventures and dealings. A Commercial Lawyer can assist you to:... assess and respond to a wide range of business issues, such as identifying legal risks advise as to your legal rights and responsibilities attend to documentation and compliance regarding your business operations and decisions communicate with other parties and entities on behalf of you and your business in relation to legal matters determine what the possible next steps are for you and your business, and implementing the appropriate measures to protect you from any future problems that may arise This frees you up to focus on profitably running your business. Head to our website and read about our experienced Commercial Lawyers at: https://bit.ly/38dQG4z

11.01.2022 The term ‘Real Estate’ has its’ origins in the days of the feudal land-holding system. It means quite literally land owned by Royalty, such as the Crown. The term has continued to refer generally to land that has been granted by the Crown to be converted to freehold. However, not all land in Australia is freehold land.... Whatever has not been converted to freehold remains as Crown land and administered by the varying departments of the Australian Government and the Governments of the States and Territories of Australia. Crown lands can be managed to provide environmental benefits such as National parks and conservation of flora and fauna. It can also be for social, cultural, and economic benefits, such as education facilities such as TAFEs’. Crown land is regulated by statute and certain specific requirements must be met before Crown land can be dealt with, for example, by being leased or sold. Crown land can be leased or licensed for private purposes, such as grazing farm land or for pipelines for water supply. If you have any queries regarding Crown Land, then contact our dedicated Property Law team for their expert advice. https://bit.ly/3lt6u8x

10.01.2022 We understand that given the number and range of commercial transactions businesses encounter on a day-to-day basis it is inevitable that disputes will arise. But did you know that 95% of commercial disputes will be settled prior to reaching Court, and that finding the right outcome is ultimately a commercial decision for your business. Our role is to advise you of your legal position, risk mitigation and resolution options, and to assist you with choosing the correct strate...gy to achieve the right outcome. Further we can assist across all manner of alternate dispute resolution processes and undertake mediation or negotiation on your behalf. If these do not reach the desired outcome, we have extensive experience in handling commercial disputes through VCAT, the Magistrates, County and Supreme Courts of Victoria and Federal Courts, as well as Arbitration and Conciliation. https://bit.ly/3lt6u8x

08.01.2022 What makes a Will valid? Each State and Territory has its own legislation that must be complied with when making a Will,to make the Will valid. Generally, a valid Will is one that is in writing, signed by the Will-maker and in the presence of two witnesses, who also sign the document.... To ensure that your Will is valid it is critical that you refer to the legislation in your own State or Territory as it may differ from State to State. If you move to another State you should not assume your Will is valid there just because it was valid in your previous State. If you hold assets another country your Australian Will is unlikely to be valid in that country and you may need to prepare an international Will. To find out if you Will is valid, contact us at: https://bit.ly/3lt6u8x

04.01.2022 Meet Tristram Lock, one of Holcroft’s managing principals. Tristram is the past President of the North West Victorian Law Association and heads up the Property Department team at Holcroft Lawyers. Outside of work, Tristram’s passion is producing award winning beer as an amateur brewer. ... Tristram also enjoys being actively involved and judging at various brewing competitions. You can connect with Tristram on Linkedin via the link below: https://bit.ly/2WjE5Yc