We understand that it is not realistic for some of our clients to travel due to their location or health. For this reason, we also provide our services online for clients located within Western Australia.
Family Trust structures are commonly employed by business people as a vehicle for running their family businesses. These trust structures work well when the control of the trust is clear. Trust disputes can arise as a result of the contractual and/or legal obligations of trustees under the Trust Deed and/or the Trustees Act to properly deal with trust property.
As a general rule the trust property must be used only for the benefit of the beneficiaries, with Trustees having what is known as a “fiduciary duty”. Often such disputes arise at times when control of the trust is in dispute and/or the matriarch or the patriarch of the family is in declining health or deceased.
Templar Legal can assist in advising parties in relation to the rights and obligations of the trustee, providing common sense (low cost) solutions and/or advising with respect to the rights and obligations of the beneficiaries of the trust.
We can also provide assistance in drafting amendments to family trust deeds to provide succession planning solutions to clients to minimise the potential for future disputes over control of the family trusts.
Our experienced solicitors can provide legal advice and representation in the following areas:
We prepare offer “on the spot” Will drafting and amendments, which in most cases concludes with you signing a legally valid Will at your first interview. Some points for you to consider are:
Please note that if you are in business or self-employed, the Will may not control your business assets. For Family Trusts, Family Companies and partnerships, detailed consideration of your business ownership as part of your estate plan is appropriate. Please contact our offices for more information on how we can assist.
An Enduring Power of Attorney is a legal document that enables the appointment of a trusted person (or two people) to make financial and property decisions on your behalf. Essentially, the Attorney has the Power to ‘step in the shoes’ of the person giving the Power of Attorney. For example, EPA’s are very helpful for partners or family members who work away as it allows an additional person to do financial matters on their behalf.
An Enduring Power of Attorney can also come into effect only in the event you have lost your capacity to make financial decisions. Therefore, it can provide peace of mind to clients for the future.
An Enduring Power of Guardianship is a legal document (similar to the Enduring Power of Attorney) that enables the appointment of a trusted person (or people) to make lifestyle and medical and other treatment decisions on your behalf.
An Enduring Power of Guardianship can only commence after you have lost your capacity to make your own personal decisions. Therefore it can provide peace of mind to clients for the future.
A Testamentary Trust Will is a Trust established under a Will. As a general rule, they are best suited to larger Estate bequests. The Trust does not come into effect until after the death of the person making the Will.
Incorporating a Testamentary Trust within your Will can offer valuable advantages over a “simple Will” by providing significant flexibility along with asset protection and potentially substantial tax minimisation benefits for those who benefit from your Estate. Note that this tax effectiveness does not mean a loss of control, and the Trustee has the discretion to “income split” and/or distribute capital and income between your nominated beneficiaries.
If you would like further information on Testamentary Trust Wills, please contact our offices to book an appointment.
Our experienced solicitors can provide legal advice and representation in the following areas:
Estate law can cause confusion when issues arise. Many executors or beneficiaries of wills do not know their rights and can face irrational opposition in these instances.
Templar Legal are here to help set everything straight and ensure that our clients are treated fairly.
At Templar Legal, we pride ourselves on our personal and commercial approach to meeting our client’s needs and expectations, ensuring the best possible outcome in the shortest time frame possible. This keeps legal costs to a minimum.
We work with Executors to do as little or as much of the Estate’s administration as they want.
If you have recently suffered an injury as a result of your employment, you may be entitled to a workers’ compensation claim. You might also like advice about the amount of compensation payable or offered to you as a lump sum payment.
Workers compensation covers injury or death suffered as a result of a work-related accident. Compensation is via weekly payments, medical expenses, and an impairment lump sum payment (dependent on the severity of your injury), regardless of which party was at fault. Casual and permanent employees, whether full-time or part-time, are covered. Some self-employed workers, work experience students, and volunteers may also be covered depending on the circumstances.
Injuries suffered at work, as a result of work or during work activities may be:
If your insurer rejects your claim, we can assist in resolving the dispute at WorkCover. If you have been recently injured in the workplace, it is important that you seek immediate legal advice and that you are aware of the statutory limitation date which applies to your claim.
In general, all workers’ compensation claims must be made within twelve months of the date the injury occurred.
Please note if your injury is serious, its best to get advice early because if you have more than 15% whole person impairment, there are additional (time-dependent) compensatory damages you may be eligible to access.
To enquire if you are eligible for a workers’ compensation claim, or if you wish to seek advice about the amount of compensation you may get from a work-related injury, submit your enquiry here. Alternatively, contact our office now, and we will provide obligation-free legal advice.
The most common grounds for challenging a Wills Terms is that it is “unfair”. That is, no reasonable or adequate financial provision has been made in the Will for the person challenging the Will.
The person challenging must prove they have a “need” for financial provision for their “education, maintenance and advancement” from the deceased person’s estate.
In the event that you are seeking to challenge an unfair Will please note that there are strict timelines (6 months after Probate) that you must comply with and if you do not comply with these time lines you may lose your claim entirely.
It is important that you seek advice at an early stage in relation to Will disputes or potential Will disputes so that many of the issues that arise from delay can be avoided.
Other common challenges are that the Deceased:
If you have been involved in a motor vehicle accident in Western Australia, you may be eligible for compensation as a result of the injuries sustained, regardless of who was at fault. The Insurance Commission of Western Australia manages all personal and fatal injury claims arising from vehicle collision that involves Western Australian licensed vehicles. The amount of motor vehicle accident compensation you get depends on who was at fault and the amount of compensation depends on the severity of your injuries and the financial loss you have sustained. We are experienced in advising our clients about their compensation entitlements.
If it important to preserve your time limits if you wish to pursue a claim against another driver and notify ICWA of the claim. Depending on your age and the type of claim, there is generally three years from the date of the accident that you must file a claim in Court or you will be legally barred from pursuing a claim. You should notify ICWA as soon as possible and at least within a year of your accident. Court proceedings must be commenced if the claim has not been settled within three years of the injury in order to preserve your entitlements under the claim.
To discuss your eligibility, please contact our office now or submit your enquiry here for obligation-free advice.
We assist clients to properly prepare for and lodge Total and Permanent Disability (‘TPD’) Claims. We also assist in negotiations where insurers breach their “duty of good faith” to the persons they are insuring.
Often people need legal assistance to deal with TPD insurers whose claim processes can be confusing and protracted and/or, in many cases, unnecessary complex. People often need assistance and advice about their rights when dealing directly with TPD insurers.
For obligation free initial advice, enquire here or contact our office now.
We have represented clients in a diverse variety of personal injury claims including motor vehicle accident claims, workers’ compensation claims, criminal injuries compensation claims, public liability claims, trespass and medical negligence claims.
Director David Kirchner has had over 20 years’ experience in law and personal experience and particular interest in spinal damage claims. The majority of David’s work comes from personal referrals, due to his high sccess rate and exceptional client service.
We have assisted clients in court representation at all levels, including Magistrates Court, District Court, Supreme and Federal Courts and specialist tribunals on issues ranging from corporate governance, shareholders disputes, property and contractual disputes, and building and restraint of trade disputes.
Many businesses use generic contracts when entering into agreements. However, depending on the agreement entered into, it is unwise to believe that you will be protected adequately. We will tailor a contract that will suit your business and your agreement. We also offer a review existing contracts that have been drafted but not entered into.
We assist clients to properly prepare for and lodge a Total and Permanent Disability Claim. We also assist in negotiations where insurers breach their “duty of good faith” to the persons they are insuring.
Complete our Online Enquiry Form and one of our friendly staff members will return your call within one business day.
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