separated but not divorced

Separated But Not Divorced? Your Will Should Be A Priority

Separated but not divorced? Your Will should be a priority by Jacqui Brauman I used to tell family law clients when they were separating that their children and their property settlement were the most important things, and that they didn’t have to worry about getting a divorce unless they wanted to remarry. However, if you […]

Australasian Law Awards

Announcing: Finalist Australasian Law Awards

2017 Finalist for Australasian Law Awards – State/Regional Firm of the Year TBA Law is very pleased and proud to announce that we have been short-listed as a finalist in the 2017 Australasian Law Awards in the category of State/Regional Firm of the Year. We are amongst some very prestigious company, and extend our congratulations […]

first home owner

First Home Owner Benefits

First Home Owner Benefits The First Home Owner Grant was scaled back a couple of years ago, to be just $10,000 for a first home owner buying a new home under the value of $750,000. This will be doubling from 1 July 2017 for new homes in regional Victoria, for first home owners, from $10,000 […]

defacto relationship

Was I In a De Facto Relationship?

Was I In a De Facto Relationship? by Lajita Commonwealth laws for the division of property for people in de facto relationships that break down commenced on 1 March 2009.  Prior to 2009, the laws for division of property that were applied to a married couple did not apply to a de facto couple. The […]

power of attorney capacity

When Does A Power of Attorney Begin?

When Does A Power of Attorney Begin? by Jacqui Brauman Powers of attorney can be general or enduring. “Enduring” simply means that the powers you give endure beyond you losing mental capacity. Today, we are talking about Enduring Powers of Attorney that give powers in relation to financial, legal and personal matters. These powers of […]

tell the kids about our divorce

How Do I Tell The Kids About Our Divorce?

How Do I Tell The Kids About Our Divorce? by Lajita Children grow up surrounded by notions of what is “happily ever after” and what their family should look like and how they should behave. When parents fight or just don’t get along, although the child is sad, in most cases, they don’t conceptualise their […]

solicitors best for conveyancing

Solicitors are the Best for Conveyancing

Solicitors are the Best for Conveyancing by Leanne Certainly, selling or buying a property is a big event, property is generally the most significant asset most people have. Using a lawyer for conveyancing gives confidence, security and peace of mind. A lawyer, unlike a conveyancer working for themselves, can guide and resolve any legal issues […]

Complete “How To” For Working with TBA Law

Complete “How To” For Working With TBA Law Responsive service, efficiency and accountability are certainly values that we hold at TBA Law. We operate from a place of a deep sense of wanting to provide you with a service that is in your best interests. We will always act morally and ethically, and in the […]

inheritance and property settlement

How Does My Inheritance Affect My Family Law Property Settlement?

How Does My Inheritance Affect My Family Law Property Settlement? by Lajita In 1999, Sunny and Ria met through a marriage maker. Sunny lived in India and over several months they communicated via Skype, telephone and email and decided that it was true love. Ria owned a modest but run down property in Frankston. The […]

get in order in 2017

Get In Order in 2017

Get In Order in 2017 One of your New Year’s resolutions may have been to get organised in 2017, or maybe it’s on your list of New Year’s resolutions every year. Well, in getting organised, here are some of the things you should think about to make sure that the wealth you are creating is […]

Single mum

Case Study: Single Mother Without Powers of Attorney

Case Study: Single Mum Without Powers of Attorney by Jacqui Brauman Sara is a single mother raising her four-year-old daughter Michelle and two-year-old boy Matthew. Although she was devastated that her relationship with the father of her children failed, she has really embraced being able to do things her own way. She gets to choose […]

estate planning melbourne

The Correct Way to Transfer Control of Your Family Trust

The Correct Way to Transfer Control of Your Family Trust Many small businesses and farming businesses are run in a family trust structure, and many families use family trusts as an investment vehicle, and perhaps own their investment properties in a family trust. Family trusts can be a great vehicle, particular for those who set […]

ACQ5 awards - wills and estates lawyer of the year

ACQ5 Global Awards 2016 – Wills and Estates Planning Lawyer of the Year

ACQ5 Global Awards 2016 – Wills and Estates Planning Lawyer of the Year TBA Law proud to announce that we have won another business award in a global industry magazine. ACQ5 announced to the world the winner of the 11th Annual ACQ5 Global Awards for 2016, and we were one! The 11th Annual ACQ5 Global […]

equal inheritance to children

Equalising Inheritance Through Your Will

Equalising Inheritance Through Your Will People will often want their children to have an equal share in their estate, and in giving instructions like this is a solicitor, many may not consider non-estate assets. If a will-maker truly wants their children to all be treated equally, then they also have to consider: pre-death gifts the […]

mistakes powers of attorney

5 Things To Never Do When Appointing a Power of Attorney

5 Things to Never Do When Appointing a Power of Attorney There are two primary enduring powers of attorney available in Victoria. One is for medical treatment, and the other covers financial, legal and personal matters. An attorney appointed for you must act in your best interests, but not in the best interests of your […]

unfair terms

Consumer Protections Extending to Small Businesses

Consumer Protections Extending to Small Businesses Commencing on 12 November 2016, small businesses will have some of the protections that consumers have under the Australian Consumer Law. Traditionally, consumers are protected from unfair terms when buying goods or services from businesses, and this will continue. These protections will be extended to small businesses, so that […]

self-managed super fund

If You Have A SMSF …

If you have a SMSF, what other documents should you have? Superannuation is holding more and more of our wealth. If you have a self-managed superannuation fund (SMSF), you have an more immediate responsibility to make sure that it operates correctly, and that you have considered all the succession factors you need to. The Trustee […]

same sex couple

Case Study: Same Sex Couple

Case Study: Same Sex Couple Mitchell and his partner, Cameron, live together with their young adopted daughter, Lily. They are modestly wealthy, their home being worth $800,000 with a $250,000 mortgage remaining. They each have superannuation of approximately $200,000 and life insurance each of $500,000. In Australia, as a same sex couple Mitchell and Cameron […]

estate planning blended family

Case Study: Blended Family

Case Study: Blended Family Jay needs to do his Will and estate plan. He and Gloria are married, but Jay has two adult children from his first marriage, Claire and Mitchell. Gloria has one child from a previous relationship, Manny aged 10, who lives with her and Jay. Jay and Gloria have just had a […]

bankrupt estate

The Truth About Insolvent Estates

The Truth About Insolvent Estates What happens when someone dies insolvent, meaning that they have more debt than assets? The first myth is that the executor will be liable for the debts. This is not true, if the executor acts honestly and does his or her job properly. The executor should not be personally liable […]

repairs and maintenance

Repairs and Maintenance

Repairs and Maintenance Lease Series 4 of 4 As most would know, the requirements on the landlord to maintain a premises depends on whether the premises is a residential premises, a retail premises under the Retail Leases Act, or a commercial premises. Landlords bear all the obligations under a residential lease to keep the premises […]

Lease renew

Notices To Renew

Notices To Renew Lease Series: Three of Four There is s hidden trap in the Retail Leases Act that landlords should be aware of: make sure you give your tenants notice in writing of the last date they can exercise their option to renew. Most landlords miss this requirement, and even some managing agents miss […]

retail leases

What Are Retail Leases?

What Are Retail Leases? Leases Series: Two of Four For those you have commercial or industrial properties that you lease out, or if you are a tenant leasing a commercial or industrial property, you might be interested to know that the Retail Leases Act and all its additional benefits may apply to you after all. […]

Air bnb leases


AirBnB Leases Series: Part One of Four You will have had to be living under a rock not to have heard of a few of the latest USA imports which are disrupting industries. Uber is disrupting the taxi and ride-share industry, and AirBnB is disrupting the holiday rental and hotel industries. AirBnB is an easy […]

self-managed superannuation fund

7 Secrets About Your Self-Managed Superannuation Fund

7 Secrets About Your Self-Managed Superannuation Fund It’s no secret that the government is currently looking at changing rules around superannuation, but what are some things that already apply to our superannuation that you don’t know? Where are the governing rules of your self-managed superannuation found? There are detailed rules in legislation governing superannuation. However […]

simple will

When Does a Simple Will Become Complex?

When Does A Simple Will Become Complex? Solicitors are loath to call even a “simple will” a simple will these days. There are so many aspects to the wording used that the layman doesn’t understand, not to mention the trustee powers that need to be included. But even when a will is relatively simple, there […]

Avoid disputes

How To Quickly and Easily Avoid Disputes with Your Business Partner

How to Quickly and Easily Avoid Disputes with Your Business Partner Not having a buy-sell agreement with your business partner is a critical mistake that so many business owners make. Whether you are partners, shareholders in a company, or unitholders in a unit trust, you should have a buy-sell agreement. A buy-sell agreement won’t completely […]

exit strategy

Exit Strategy for Tradies

Exit Strategy for Tradies Harris Business Solutions held an information evening for tradies on 23 June 2016 at Hogan’s pub in Wallan. Here’s my presentation from the evening:   Click here to download the Buy-Sell Agreement checklist

estate plan

Case Study: Estate plan for well-off nuclear family

Case Study: Estate Plan for well-off Nuclear Family Phil and Claire are married. They have three children, two to whom are still minors; Hayley, Alexis and Lucas. Most of their assets are jointly held: their house and bank accounts. Phil has a thriving real estate business in his own name. The total value of their […]

estate planning presentation

Estate Planning Presentation

Estate Planning Presentation This is a presentation that I’ve given at a few different locations. I thought I would record it an make it available for everyone.

minor's trusts

A Tricky Secret About Minor’s Trusts

A Tricky Secret About Minor’s Trusts In a Will, we will often leave our entire estate to our children once both spouses have passed away. If those children are still minors (under the age of 18 years) then they cannot inherit until they reach that age. Quite often, in our Wills, we will say that […]

superannuation death benefit

Who Can I Leave My Super To?

Who Can I Leave My Super To? Superannuation death benefits are not your estate assets – you have to nominate with the trustee of your super fund who you want your death benefit to be paid to.