Personal Services

Changes to the Legal Profession Regulation and the Workers’ Compensation Regulation stop any Solicitor from publishing or advertising any information to the public about laws in relation to personal injury or workers’ compensation.

However, this does not mean that experienced people like those at Heard McEwan Legal should not be involved in any negotiations you are having in relation to any insurance claim. You should get legal advice before you commit yourself to anything the insurer may suggest. This is imperative to preserve your rights.

Remember, once you have signed your rights away they may be gone forever, even if you find out later on that there were payments that you were entitled to and that should have been taken into account back when you did that settlement with the insurance company.

In some situations a Will can be challenged after a person dies. If a person who believes he or she is owed a responsibility to be provided for is unhappy with his or her share (or absence of a share), they can make an application to the Court after the death of the person who made the Will. These applications are known as Family Provision applications and Heard McEwan Legal is very experienced in making them. If you need any advice in this area, Heard McEwan Legal can help.

Strict time limits apply so if you have any concerns about the terms of the Will of a deceased person, don’t delay.

At Heard McEwan Legal you have access to Solicitors, a Licensed Conveyancer and a paralegal support team all with significant expertise and experience in the fields of Conveyancing and contract negotiation.  They know what can cause potential problems and aim to ensure that the whole process goes as smoothly as possible.

True Value Property Conveyancing is a division of Heard McEwan Legal and these people are committed to efficient turnaround which means you won’t be kept waiting for documentation.  Most contracts can be prepared within 48 hours and settlements can be timed to make sure that everything falls into place at the right time.  Call them for a fixed price quotation.

The need for proper representation by lawyers experienced in the Criminal Law field cannot be overstated. After many years of experience Heard McEwan Legal can assist you in:

The team at Heard McEwan Legal will help you recover those debts that people try to avoid. Likewise, Heard McEwan Legal can help you defend claims against you that are unwarranted or against which you have a counter-claim. Heard McEwan Legal knows the problems and can help you get through them regardless of which side of the equation you are on.

Whether you are owed money or someone is chasing you, it is important to quickly identify what rights you have and how you go about enforcing them.

    •  Can you sue?

    •  Where should you sue?

    •  Do you have a defence?

    •  Are there specialist tribunals in which your claim should be heard?

    •  Are you able to have the matter moved to a more convenient place or to a Court or Tribunal better able to deal with the matter?

    •  Are there any options other than going to Court?

Your need is for the best possible outcome. Heard McEwan Legal can assist you in achieving this.

Planning for the financial future is one of life’s more important goals. Heard McEwan Legal can help you to achieve peace of mind and ensure financial security with a tax effective estate plan.

Our people understand the legal complexities in tailoring an estate plan to personal circumstances. We offer a complete range of personal and business services designed to provide you with the best options for managing your existing assets now and in the future.

We can provide expert advice and guidance in:

    •  creating estate plans;
    •  implementing controls to protect assets;
    •  Wills tailored to suit individual circumstances;
    •  appointing an attorney or enduring guardian;
    •  preparing a statement of wishes for the guardian of children;
    •  setting up trusts;
    •  superannuation;
    •  financial advice through strategic alliances.

Members of our Family Law team at Heard McEwan Legal have many years of accumulated experience in the field. They are highly regarded for their level of expertise and knowledge in this increasingly complex area of the law.

They have particular expertise in working with clients who have complex financial issues such as family businesses to consider because it is critical that your Solicitor understands the commercial issues that may arise under such circumstances and can deal with other professionals such as your accountant to ensure you receive the best possible outcome.

Changes in the law relating to the treatment of superannuation in a property settlement also call for experienced professional advice.

Heard McEwan Legal has the knowledge and expertise required to understand the unique circumstances of individual clients, including:

    •  providing legal advice on the implications of separation;
    •  assisting clients to resolve issues arising from family breakdown outside the Court process;
    •  mediation and alternative ways of resolving dispute;
    •  formalising agreements between separated couples;
    •  representing clients in Court proceedings under the Family Law Act relating to divorce, property settlement, maintenance and parenting issues;
    •  advising clients who have been in de facto or same sex relationships about their rights upon the breakdown of their relationship and representing
       them in proceedings under the Property (Relationships) Act;
    •  advising clients about their rights and obligations in relation to Child Support and, where necessary, representing them in Court;
    •  preparing agreements for clients entering into de facto relationship or marriage;
    •  advising and representing clients who are victims of domestic violence;
    •  representing children in contested Court proceedings.

The executor of a Will is responsible for carrying out the wishes of a person after he or she dies. The role of the executor is to manage the estate within the terms of the Will and protect the assets of the estate. The executor of an estate must comply with various laws and rules that govern the administration of deceased estates.

If you are the executor of the Will of someone who has passed away Heard McEwan Legal can assist you in complying with what can often be, onerous duties. Many people when nominated as an executor are unsure of what is expected of them. The duties of an executor can be complex and demanding and require an understanding of the law, tax and accounting requirements.

There are many steps involved in being an executor. The duties may include:

    •  attending to funeral arrangements;

    •  locating the Will;

    •  applying to the Supreme Court for a grant of Probate of the last Will (Probate is a formal document that confirms the executor and gives them permission
       to administer the estate);

    •  determining the beneficiaries;

    •  collecting assets;

    •  making sure all claims and debts are received, assessed and paid if substantiated;

    •  distributing assets according to the terms of the Will, including managing longer term trusts;

    •  preparation and management of accounts;

    •  preparing and lodging taxation returns;

    •  defending litigation.

Even if the Will of the deceased person was not prepared by, or was not held by, Heard McEwan Legal at the time of death, it is a simple task for Heard McEwan Legal to obtain the authority of the executor to pick up the Will from where it is being held and then to assist the executor in complying with all the requirements imposed on him or her by the law.

The effective planning of your overall estate and its allocation is critical. Marriage, separation or divorce, house purchases and other significant events may all impact on the way you manage your assets and how you would like your estate to be distributed after your death. Obligations under the law to family members and others also need consideration and for some people the tax consequences of the succession process are critical.

Heard McEwan Legal doesn’t just prepare a Will and associated documents for you; our people sit down with you to discuss your own personal situation and determine the best solution to make sure that you protect both your assets and your family and friends.

What can Heard McEwan Legal do for you?

    •  Act as executors of your Will if you desire;
    •  Administer your estate;
    •  Keep your Will in safe custody (free of charge);
    •  Powers of Attorney;
    •  Powers of Guardianship.

Is your Will outdated? Perhaps you do not have one at all. Everyone over the age of 18 years should have a Will so that there is a clear guide of how he or she wants his or her assets distributed. Making a Will is very cost efficient as it may avoid lengthy court battles over “who gets what”.

Dying intestate (without a Will) means that there is no guarantee that your assets will be distributed as you would like them to be.