Springdale Legal is a law firm based in Albany, Western Australia. We provide our legal services to clients in Albany, Esperance, and across the entire Great Southern region. Our principal, Adam Hornsey, is an experienced local Albany lawyer and specialises in the areas of law summarised below.

See how we can help you, and then contact us for a consultation. For. We provide fixed fee services and can provide you with an estimate of costs.

To view more about a specific area of law that we provide services for, please scroll through this page.

 

PROBATE AND ADMINISTRATION OF DECEASED ESTATES

There are strict requirements imposed by the Supreme Court for an application for Probate (or in the case where there is no Will, Letters of Administration). It is crucial to the implementation of the Deceased’s wishes that they are correct. Many Estate transactions will not be possible without Probate.

Administration of the Estate imposes strong obligations on Executors, breach of which invokes harsh penalties. In addition to distribution, the tasks of satisfying creditors, identifying the burden of debts, and complying with tax obligations, add complexity. Our role is to protect and advise the Executor in ensuring proper administration.

 

ENDURING POWERS OF ATTORNEY AND GUARDIANSHIP

You can ‘lose capacity’ in a legal sense at any age, and these instruments are crucial to provide certainty. Cost of preparation is relatively low. An Enduring Power of Attorney (EPA) nominates someone  to manage your financial affairs. An Enduring Power of Guardianship (EPG) allows someone to make personal, lifestyle and treatment decisions for you, and an Advance Health Directive (AHD) allows another to make decisions about your future medical treatment.

 

CONTRACTS AND COMMERCIAL

Contracts may often appear simple, but loopholes and simple wording can have considerable commercial consequences. Likewise, if you desire to be released from a contract, options abound. Leases (particularly commercial leases) are a form of contract to which special provisions apply. Business Planning is another crucial area, including Non-Disclosure Agreements, Non-Compete Agreements, and Service Agreements.

SEPARATION AND BINDING FINANCIAL AGREEMENTS (BFAs)

There are a few options available to achieve a fair, equitable and simple division of property, including to divide property informally by agreement, however this approach is fraught with danger. The binding BFA avoids duties and taxes, and can be made before (these are commonly known as ‘prenups’), during or after a relationship. A BFA states how your assets, liabilities, resources and other finances will be divided, and are particularly crucial when children exist.

 

TRUSTS

Properly drafted Trusts can provide crucial asset protection, tax minimisation, and provision for family and friends, both during your life and after.

 

DEBT MANAGEMENT

Most debts, including with government agencies, can be negotiated before interest and other penalties accrue. Negotiated Debt Agreements, which form a binding agreement between you and your creditors to pay what you can afford in total settlement of your debts, can also provide relief.

 

GUARANTOR AND BORROWER ADVICE CERTIFICATES

At a fixed cost, these (formally entitled Independent Solicitors’ Certificates) are often required by the financial institution of a person(s) who is acting as a third party guarantor, surety mortgagor, or indemnifier for a principal borrower (for example, on a home loan for one of your children). They protect both you and your bank, reducing fees and your liability. There are requirements under legislation as to the information that a prospective guarantor/borrower must be provided. A related instrument is a Superannuation Splitting Advice Certificate, which will usually be required by a Super Trustee before any financial settlement upon separation of assets.

 

 

 

 

 

OTHER MATTERS

We regularly act in less common matters including:

  • Defamation
  • Release of Superannuation
  • Restrictive Covenants
  • Real Property Caveats
  • Mediation
  • Employment Law
  • Adverse Possession
  • Residential Tenancy
  • Workers’ Compensation