Beger & Co Lawyers Adelaide provide legal services in a wide number of areas. These range through personal and business legal matters for our clients.
Some of our more commonly requested legal services include:
Wills and Estate Lawyers Adelaide
A large part of our legal practice’s activity is acting as wills and estate lawyers for our Adelaide clients. Beger & Co Lawyers are dedicated to assisting executors and beneficiaries in relation to deceased estates.
Executors often simply need assistance obtaining a grant of Probate or Letters of Administration. In our role as probate lawyers we assist Executors to administer the deceased’s Will.
Will Dispute Lawyers
Should the validity of the Will be in question, we can operate as Will dispute lawyers. We often receive contested estate inquiries from executors and beneficiaries where there is a question of the testator’s legal capacity. This often occurs where the Will was handwritten or made informally.
We are increasingly helping beneficiaries as inheritance lawyers. In these situations, the deceased may have made inadequate family provision to address the beneficiary’s future need. Often we are able to achieve significant inheritance settlements for our estate clients by negotiation, without resorting to Court proceedings.
Wills and Estate Planning Lawyers
Making a Will is the one thing most of us put off. Possibly because many of our estate planning clients who require Wills have:
- complex family and property arrangements;
- children from different marriages; and
- property held in different ownership structures such as superannuation and family discretionary trusts.
Whether our clients only need a simple Will or a Testamentary Trust Will, they receive fixed fee quotes and advice from highly experienced senior wills and estate lawyers in the Beger & Co team.
Enduring Powers of Attorney and Advance Care Directives are important documents that we recommend to all of our estate planning clients. These documents are only effective during the donor’s lifetime and deal with financial and lifestyle issues respectively. Enduring Powers of Attorney and Advance Care Directives are vital where the donor suffers a legal incapacity, and so can no longer make decisions about their property or living arrangements.
Litigation Lawyers Adelaide
Contract, Lease and Payment Disputes
Most people want to avoid the costs and inconvenience of litigation and Court proceedings. The resolution of contract disputes by negotiation and mediation is cheaper, quicker and provides a more certain outcome. There are of course times where the other party is not prepared to negotiate. In those situations, we offer definitive advice and direction to give our clients the best chance of a successful outcome.
Commercial Lease Dispute Lawyers
One of the more common disputes between landlords and tenants relates to the interpretation of the lease terms, and in particular whether certain expenses should be paid by the tenant or the landlord.
Irrespective of what the lease says, land tax is generally not recoverable from a tenant. The Retail and Commercial Leases Act prevents a lessor from charging the lessee land tax.
Some landlords believe that they are entitled to recover land tax costs in situations where the Act does not apply. This is not quite true.
It always comes down to the terms of the lease agreement. If the lease does not allow recovery, then it doesn’t matter whether the Act applies or not.
Another common area of lease dispute is the tenant’s obligations to “make good” at the end of the lease. Once again, the lessee’s obligations to paint and repair and remove the tenant’s fixtures and fittings are set out in the lease provisions.
Many payment disputes are uncontested and simply come down to a commercial decision on the viability of engaging debt collection lawyers. Our experience shows that the factors relevant to making this decision include:
- the amount owed
- the quality of the client’s terms of trade
- whether the debt is supported by personal guarantees or other security and
- the likelihood of the debtor being able to pay a judgment debt.
We bring to each of our litigation clients a wealth of Court room experience. This includes significant experience in virtually every Court and Tribunal in South Australia and the resolution of disputes that range from:
- franchise arguments
- defamation proceedings
- building and construction disputes
- loan repayments and
- defaults under a myriad of contractual arrangements.
Ownership Structures and Contractual Arrangements
Some of our happiest clients are those who obtained our business advice before starting their own business. We guide them through this important initial phase in setting up their new business. Typical subjects for discussion might include:
- Can you see any problems with the business that I am thinking about buying?
- What is the best ownership structure?
- What contractual arrangements do I need for the new business – terms of trade, employment agreements, and confidentiality undertakings?
- Should I agree to the lease and guarantee the landlord wants me to sign?
We have assisted many clients with answers to these types of questions and much more.
If you are starting a new business or buying an existing business, let us give you the benefit of our experience.
Diverse range of legal services
We trust this article has introduced you to the diverse range of legal services Beger & Co Lawyers Adelaide can provide. These legal services range across important personal and business legal matters.
If you require some legal information and/or support please do not hesitate to contact us so we can clarify your legal position.