Legal Articles
Probate SA
January 6th, 2018 by | Probate, Wills & Estate Planning
What is Probate? Probate is the process by which a deceased person’s will is “proved” in the Probate SA Registry of the Supreme Court of South Australia. Before any executor named in the will can legally deal with a deceased’s person’s assets, the Court must be satisfied that the person’s will is valid and that… Read more »
Informal Wills
December 14th, 2017 by | Wills & Estate Planning
Informal wills are wills which do not satisfy the formal requirements of execution under section 8 of the Wills Act, 1936. For information as to the legal requirements to create a valid and binding will see our article ‘Proper Execution and Witnessing of Will is Vital‘. Requirements for a Valid Will In South Australia, a will… Read more »
Defamatory Will – Having the Last Word!
December 6th, 2017 by | Defamation, Wills & Estate Planning
We have all heard stories of people using their Will to spite beneficiaries by leaving everything to charity or the family pet. But what about Will makers who want to have the last word and let people know what they really thought? What if the Will maker’s last words are lies, designed to hurt and… Read more »
Where To Store Your Will
December 1st, 2017 by | Wills & Estate Planning
As a Wills and estates lawyer, I often come across clients that underestimate how important correct Will storage is. You’ve finally got around to making a Will – what happens next to ensure it’s safe? You need to know where to store your Will. Your Will is an important legal document and needs to be… Read more »
Revocation of Wills in SA
November 29th, 2017 by | Wills & Estate Planning
Once a Will is written, signed and witnessed it becomes a valid legal document and will remain in force until the testator formally changes or revokes it. The revocation of Wills in South Australia can occur in a number of different ways under the provisions of the Wills Act, 1936 (SA) or by common law… Read more »
How Will Same Sex Marriage Affect Your Will and Estate Plan?
November 23rd, 2017 by | Wills & Estate Planning
With the bill to legalise same sex marriage anticipated to pass parliament before Christmas 2017, the New Year is expected to see a record number of same sex marriage ceremonies. As the wedding industry prepares for a rush to the aisles, what will the changes to the law mean to same sex couples from an… Read more »
Lawyers Adelaide
August 10th, 2017 by | Business Sale & Purchase, Commercial Transactions, Conveyancing, Court Disputes, Debt Collection, Deceased Estates & Inheritance Claims, Property & Leases, Wills & Estate Planning
Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas. These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »
Acquiring Land By Time
August 8th, 2017 by | Property & Leases
In South Australia, we follow the Torrens title system as devised by the great Sir Robert Torrens. In essence, this means a person with an interest and estate in land acquires it by registration. Thus the Torrens title system is referred to as ‘title by registration’ rather than ‘registration of title.’ A person with a… Read more »
Plain (and Clear) English Legal Documents
July 26th, 2017 by | Commercial Transactions
When a lawyer draws a Deed describing an agreement between parties and how that agreement is to be carried out, the Deed will often follow a traditional format. First, the Deed will contain “Recitals” (sometimes styled as “Background” or “Objectives”) which set out the narrative or background to the agreement contained in the Deed. The… Read more »
Minutes of Company Meeting
July 25th, 2017 by | Commercial Transactions
It is one thing to have a productive company board or committee meeting but the value is in the record that results from the meeting. The record is noted by way of “Minutes” and needs to conform to the statutory obligations as set out in section 251A of the Corporations Act 2001. Minutes are fundamentally… Read more »
Statutory Demand: The 21 Day Guillotine
July 18th, 2017 by | Court Disputes, Debt Collection
In a previous article (How to Deal With a Statutory Demand), we assured you that the 21 day window to apply (by filing the application and serving it on the applying creditor) to set aside a Statutory Demand could not be extended. The scheme set up by the Corporations Act is strict and inflexible on… Read more »
Lease Term Extended by SA Court Order
May 29th, 2017 by | Commercial Transactions, Court Disputes, Property & Leases
Recently, Beger & Co Lawyers acted for commercial tenants who were being evicted by their landlord because their lease arrangements were coming to an end. Despite vigorous opposition by the landlord, our clients won a Court Order to extend their lease term so that they can stay in their shop for at least 5 years…. Read more »
Prince Dies Intestate: Singer’s Siblings to Inherit
May 22nd, 2017 by | Deceased Estates & Inheritance Claims
A recent article in The Guardian looks at the outcome of Prince having died intestate. The article states: “A Minnesota judge has ruled that Prince’s six siblings are the heirs to his estate, more than a year after the pop superstar died of a drug overdose.” Of the many celebrity deaths over the last 12 months or… Read more »
Old Lease, Extended Lease, New Lease
May 9th, 2017 by | Property & Leases
Can you keep extending a commercial lease? Of course a landlord and tenant can, either by the tenant duly exercising a right of renewal in the tenancy agreement itself, or, when that runs out, by agreement between landlord and tenant for a formal extension. The same terms can be retained, subject to agreed variations on matters… Read more »
Defaming Public Figures
May 3rd, 2017 by | Court Disputes, Peter Jakobsen
In defamation law, there is a defence of Qualified Privilege. A defamatory statement will not make the defendant liable if there was a legal, social or moral interest or duty to say it, and the person spoken-to had a corresponding duty or interest to hear it. And the statement must be reasonably necessary to the… Read more »
