Recorded Webinar: What NSW Property Conveyancers Need to Know about Death and Disability (NSW)

To borrow from the now famous words of Benjamin Franklin, nothing in this world can be said to be certain, except death and taxes. What, however, is less certain in today’s modern world is the tax and other legal consequences that may arise from the death of a party either prior to or during the transaction. This session will explore from a practical perspective what happens when a party becomes either deceased or loses capacity prior to or during a property transaction. It will also discuss some issues which often arise with when dealing with a property transaction involving trusts. It covers:

• What conveyancers need to know about probate (the legal effect of probate, how it is obtained and the role of the conveyancer in this)
• What should happen if a person becomes deceased after the contracts are signed but prior to settlement
• The legal definition of “capacity”, the process by which a party may be found to have lost capacity and the consequences which may arise
• The legal effect of the death and disability clause of the contract of sale and purchase of land and how it comes into play
• Death duty (what it is and how it is paid)