Sophie Darby, Solicitor & Notary Public in Dural, New South Wales, Australia | Lawyer & law firm

Sophie Darby, Solicitor & Notary Public

Locality: Dural, New South Wales, Australia

Phone: +61 425 218 063

Address: Old Northern Road 2158 Dural, NSW, Australia

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25.01.2022 Prior to executing his last Will and Testament, Geoff asked his second wife if she was happy with the provision made for her in his will. She replied Yes, but I keep telling you Geoff that I do not want anything from your estate. The deceased then executed the will in his wifes presence. After Geoffs death however, his wife made a Family Provision claim in the NSW Supreme Court. ... Geoff had drafted his Will to benefit his adult children first and foremost and to leave an annual amount of $52,000.00 to his wife. He did so based on his wifes independent finances and the lifestyle she led. In Geoffs Will he stated: It is my express wish that my Estate remains a whole for my children and grandchildren. I have drafted my Last Will and Testament in the above manner as I believe that it enables my wife to live comfortably for the rest of her life without having to dispose of the assets that I have worked my whole life for. Justice Pembroke was required to determine whether adequate provision had been made for Geoffs second wife for her proper maintenance and advancement in life. He determined that adequate provision had been made and in his judgment stated: The law requires courts to respect a testators freedom of testamentary disposition, to recognise that the making of a will is often the last and most significant decision a person might make, and to interfere only to the extent rendered necessary by the application of the statutory language to the particular circumstances We will do the community a disservice if our decisions lead ordinary persons to believe and solicitors to advise that a will is hardly worth the paper on which it is written.

25.01.2022 It was great to attend the Connect 18 E Conveyancing road show today and learn all about the new electronic settlement platform #Simpli. With electronic settlements being mandatory from 1 July, 2019, it is great to know there will be at least two electronic settlement platforms available, creating healthy competition.

24.01.2022 I just successfully completed my first PEXA (electronic conveyancing) settlement!

22.01.2022 Thank you Katherine and Lee. It was a pleasure assisting you.

21.01.2022 If you require documents to be authenticated for use overseas, you will probably need to see a Notary Public. If you require this service, feel free to contact me on 0425218063 or via email [email protected].

21.01.2022 Happy New Year! I had a lovely break with this crazy lot. How great is family time!? I am now back at work and would love to assist you with crossing off those tedious items from your 'to do list' which have probably been there for years. Arranging a will is often something people continually put off due to it being too hard and too depressing. I would love to make this process as simple as possible for you. So, if arranging a will is on your New Year's to do list, get in touch. You can contact me by email [email protected] or call me on 0425 218 063.

18.01.2022 I am very excited to be appointed as a Notary Public!

16.01.2022 An interesting case about adverse posession.

16.01.2022 A husband and wife draw up their wills leaving everything to each other and then to their two children equally upon the death of both of them. Upon the death of both of them, their estate is worth approximately 2 million dollars. Therefore, their son should inherit approximately 1 million dollars and their daughter should inherit approximately 1 million dollars. The only problem in this case is how they died. They were killed by their son who shot both of his parents at cl...ose range. --------------------------------------------------------------------------- The son was found not guilty of murder on the basis of mental insanity. Should he therefore inherit his share of the estate? If the son had been found guilty of murder, a rule called the Forfeiture Rule would be applied and would mean the son would receive nothing from his parents' estate. In this instance however, he was found not guilty of murder on the basis of mental insanity. In situations like these , an application can be made to the court to have Section 11 of the Forfeiture Act applied to the distribution of an estate. This section allows the Supreme Court to apply the rule as if the offender had been found guilty of murder. In this case, Justice Lindsay considered all the facts and applied the rule with the condition that a trust fund be established for the son in the amount of approximately $100,000.00 for his maintenance, education and advancement in life. Case: Re Settree Estates; Robinson v Settree (NSWSC)

16.01.2022 In the estate of Edward Steven Middleton (deceased) [2019] QSC 128 (23 May 2019) An interesting recent case in the Supreme Court of Queensland discussed whether an earlier Will executed by the deceased could be revived and operate as his last Will & Testament. In this case, the deceased, Edward Middleton, had executed a Will in 1994 leaving the majority of his estate to his daughter. His relationship with his daughter later soured, at which point he attended the offices of ...The Public Trustee of Queensland in 2013 to change the beneficiary of his residue estate to the RSPCA. By the time of his death, Edward Middleton had repaired his relationship with his daughter, collected the 2013 will from the Public Trustee of Queensland and made verbal representations to his daughter that he wished to rely on his 1994 Will. A social worker present at the hospital just prior to Edward Middleton's death discussed ways to prepare a new Will however at this time Edward Middleton indicated the 1994 Will was his current Will and he was okay with how it was." In the Judgment, Justice Boddice determined that Edward Middleton had died intestate and provided the following reasons: [48] The deceased destroyed the original 2013 Will, intending thereby to revoke that Will. That revocation was effective. [49] The revocation of the 2013 Will was not conditional upon the 1994 Will being revived and becoming operative. The revocation of the 2013 Will was unconditional. [50] Whilst it was the deceaseds intention that the applicant (being his daughter) receive the benefit of his Estate, the evidence is insufficient to establish that the deceased intended that a copy of the 1994 Will form his last Will. [51] The 1994 Will having been revoked, there was no valid Will as at the date of the death of the deceased.

15.01.2022 A funny article to give you some laughs on a Friday :)

12.01.2022 I remember when I was in my first year of studying law at university and my grandma died. My father and aunt were appointed as executors of her estate and had a terrible experience with the lawyer they were dealing with. You see, they were grieving the loss of their mother and the lawyer assisting them with the process treated them with contempt & rudeness. He showed them no understanding or compassion.... That stuck with me. I realised that being a lawyer is more than simply performing a task, it is a vocation. You are often in people's lives during the highs and lows. The high of buying a house and the low of dealing with the death of a loved one. You are part counsellor and part adviser. One area in which I can assist you is applying for probate after the death of a loved one. Below is a brief outline of what probate is. What is Probate? Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. When a person dies, somebody has to deal with their estate. It is usually the executor of their Will who administers the estate and handles the disposal of their assets and debts. In order to get authority to do this, they usually need to obtain a legal document called a 'Grant of Probate'. To protect the interests of those who hold the deceased's assets (for example banks) the executor may be asked to prove they are authorised to administer the Will before the assets can be released. The Grant of Probate is the proof required. To obtain a Grant of Probate, the executor named in the Will must apply to the Supreme Court. If their application is approved, the executor is given a Grant of Probate to confirm the author of the Will has died, the Will is authentic and the executor is who they say they are. Once a Grant of Probate has been given, management of the deceased's assets can safely be transferred to the executor.

12.01.2022 Did you know that legislation in New South Wales means we now have the option of completing property transactions electronically, through a secure platform known as PEXA (Property Exchange Australia)? Settling electronically helps streamline the conveyancing process. I have been very impressed with the PEXA platform when settling conveyancing matters electronically. ... PEXA continue to implement new security measures to ensure data is safe and secure. Most of all, for my vendors, I am impressed that settlement funds appear as cleared funds in their bank accounts in as little as 2 hours after settlement. In the past, with a paper settlement it would take several days for bank cheques to clear and for vendors to have access to the proceeds from their sale. I would love to assist you with the legal side of your sale or purchase. You can contact me on 0425 218 063 or email [email protected] to discuss your conveyancing needs. (Photo for attention- I love working from Dural!)

11.01.2022 In New South Wales, a Notary Public, also referred to as a Public Notary, is a qualified lawyer who has been appointed by the Supreme Court of New South Wales pursuant to the Public Notaries Act 1997(NSW) and the Public Notaries Appointment Rules 1998. A Notary Public is often likened to an international Justice of the Peace as the work involves documentation for use overseas. For example, an individual present in Sydney decides to sell their home in South Africa. Certain do...cuments will need to be signed to enable this transaction. To satisfy the South African requirements, these documents will need to be signed in front of a Notary Public here in Sydney. Below are some common tasks performed by Notary Publics: *Authenticating official, Government and personal documents and information for use overseas. *Witnessing signatures of individuals to documents and authenticating identity. *Witnessing Powers of Attorney for use overseas, including from time to time, preparing them. *Certifying true copies of documents for use overseas. *For corporations and business, witnessing documents and authenticating status and transactions. *Dealing with documentation for land, property and deceased estates overseas. If you are in need of Notarial Services, feel free to contact Sophie Darby on 0425 218 063 or [email protected].

03.01.2022 Does your will reflect your current circumstances? An interesting recent decision in the Supreme Court of Western Australia begins: "There are three great evils which bedevil probate practice. The first and by far the most egregious is homemade wills. Second there is the problem occasioned by no will at all...third there are those cases where there is a will but the testator's circumstances have changed and the will has not been updated."... The decision of Adrian Cory Sloan as executor of the estate of the late Laurette Dorothy Keddie v Baldrey [2018] deals with the third category. In this case, Laurette (the deceased) had been living in her home located at Kilpa Court from 2005 until 2012. In 2012 she was admitted into an aged care facility due to her failing health. In her will, which was executed in 2005 and was her last and testament, she included the following clause: "I give my motor vehicle, my household chattels and my principal place of residence at my death to my friend Diana Elaine Davies." Laurette passed away in November, 2015. The question arose whether the Kilpa Court property was her 'principal place of residence' at her death or was to form part of her residuary estate. During her time in the aged care facility, Laurette listed the Kilpa Court property as her 'principal place of residence' for tax purposes. She was also unhappy in the aged care facility and was hoping to return home to Kilpa Court. Despite this however, it was ruled that the Kilpa Court Property was not Laurette's principal place of residence at her death. This was due to several factors- she parted with her much loved dog when she moved into the aged care facility, she sold her furniture and she leased out Kilpa Court to pay for her aged care fees. As a result of this decision, Laurette's intention to leave her house to her friend was not successful and fell into her residuary estate to be divided amongst the other beneficiaries of her estate. A timely reminder to update your will as your circumstances change!