Edney Ryan Legal

For a Will to be valid there is a fundamental requirement that the Will maker is in the right state of mind. This is legally referred to as having ‘testamentary capacity’. Willmakers and their loved ones should understand the issues surrounding capacity to avoid disputes and ensure that assets will be distributed according to a person’s wishes. It is presumed... Read more

An individual can claim an exemption from land tax on a property if it is their principal place of residence (the exemption does not apply to land owned by a company or held in a Special Trust). The general requirements for the exemption include: You can only claim one exemption per family. You can only claim one principal place of... Read more

First home buyers in NSW may be eligible for a full or partial exemption of transfer duty, with some changes to the purchase price thresholds and residence requirements effective from 1 July 2023. Individuals over 18 who are purchasing a new or existing home or vacant land in NSW for the first time are eligible for the assistance scheme. The... Read more

It is not uncommon for parents to want to help their adult children financially. This help may be in the form of an asset, or as cash, for example a deposit so their child can purchase their first property. Whilst some clients talk about giving their children an “advance on their inheritance” it is important to be aware of some... Read more

During the pandemic, businesses, schools and families turned to the internet to communicate and access services required for daily life. Unfortunately, cybercriminals have used this opportunity, with the Australian Cyber Security Centre (ACSC) receiving over 67,500 cybercrime reports last financial year, a significant increase on the prior year. The increased frequency of crimes was also associated with increased complexity and... Read more

All company directors now need to verify their identity with a unique identification number, in order to help prevent the use of false or fraudulent director identities. Company directors must apply for their own director ID, only once, which will be their unique identifier forever. Existing directors have until 30 November 2022 to apply. Directors appointed before 4 April 2022... Read more

If you are classified as a foreign person and purchase residential property in NSW, you will have to pay an eight percent surcharge on the value of the property. This is in addition to any applicable stamp duty. It is important to note that you are generally classified as a foreign person, unless: You are an Australian citizen, or You... Read more

It is estimated that 185,000 older people in Australia experience some form of abuse or neglect each year. Abuse of older people can happen both inside and outside the home. It can also involve those who we love and trust. It can be challenging to identify abuse, as there is no single type of older person who is at risk,... Read more

Many people in the coming months will need to be in self-isolation, quarantine or potentially receiving treatment. This separation will make it harder for practical matters to be managed. There will be times that may need people to be formally authorised to make decisions for you. Having a power of attorney in place is the best way to be prepared... Read more

DIY “Will Kits” are not new and now many websites boast online Wills which promise to save hundreds on legal fees. The convenience and low price may seem initially appealing, however there are some significant disadvantages to preparing a Will without sound legal advice. 1. You Don’t Meet the Person Writing Your Will. This is the most significant issue with... Read more