Sharrock Pitman Legal

How can you help me?

As an Award winning Boutique Law Firm with Accredited Specialist lawyers, we have experience and expertise to assist customers solve their legal issues in the areas of commercial, property, wills, employment law and NFP law. If you need advice or advocacy, please contact us on 1300 205 506 or email us at sp@sharrockpitman.com.au.

What happens when the executor of a will dies or is incapacitated?

A 'Backup' Executor/s can be appointed in the Will in case the Executor dies. If the primary Executor of the Will dies before the Will Maker, the backup Executor(s) will usually serve as the Executor once the Will Maker dies.

When making a will can an executor also be a beneficiary?

Yes, an Executor of a Will can also be a Beneficiary. It is actually rather common for an Executor to be a Beneficiary of an Estate. Usually, spouses appoint one another as their sole Executor and Beneficiary.

How can Sharrock Pitman Legal help me?

We have extensive experience assisting clients with Court proceedings, the preparation of affidavits and debt recovery. If you need advice or assistance, please contact us on 1300 205 506 or email sp@sharrockpitman.com.au.

Who’s responsible for the air conditioner of retail premises?

The Retail Leases Act 2003 (Vic) contains additional protections and rights for Tenants of retail premises. The Act defines that a Landlord is responsible for maintaining any plant and equipment which the Tenant is not entitled to take at the end of the Lease. This plant and equipment must be maintained in the same condition as at the start of the Lease

Can I write my own Affidavit?

Anyone can prepare their own Affidavit, although it must be sworn or affirmed in front of an authorized Affidavit taker. Each Court or Tribunal also has specific rules regarding requirements that affidavits must follow.

What is an Affidavit?

An Affidavit is a legal document that contains a true and written summary of facts of which you have personal knowledge. Similar to a statutory declaration or a witness statement, an Affidavit is used as a means for giving evidence in Court and must be sworn or affirmed as true. Giving false evidence in an Affidavit makes you liable for perjury. However, they each have different uses, formats and signing requirements.

Is a verbal agreement legally binding?

A contract is an agreement between two parties made with the intention to be enforceable by law. Verbal agreements are contracts . In short, yes they can be legally binding but there are certain types of contracts which must be in writing to be binding, such as contracts for buying or selling houses, or buying a car from a licensed dealer or trader. In order for any contract to be binding, verbal or otherwise, there are also certain elements which need to be satisfied.

What is a caveat?

A caveat is an instrument that is registered with Land Victoria to prevent any dealings with real estate, such as preventing transfers of property being registered on a Certificate of Title. This can stop someone from taking legal ownership of your property and can protect your interests. You can find out if there is a caveat on a Title by conducting a Title Search of the property.