At Francis Kelly & Grant we offer a wide range of services across many areas of law including:
Conveyancing (NSW and Victoria)
We understand that buying or selling property is a big decision and an important milestone for most people. It is essential you have the help of an experienced solicitor who can guide you through the complex process and ensure your legal rights are protected every step of the way.
We can assist you with:
- Residential and commercial sales and purchases
- Strata, rural and vacant land sales and purchases
- Auction purchases and sales
- Off the plan purchases
- Mortgages and refinancing
- First home owners, including assistance with First Home Owners Grant & NSW New Home Grant
- Property developments
- Farm sales and purchases
- Water sales and purchases
We have the necessary skills and experience to advise you on the purchase or sale of a business. We can assist you with business types including companies, partnerships, and trusts.
Each party to a sale or purchase of business transaction should be independently advised by a lawyer and an accountant.
We can help with:
- Business structures
- Lease terms
- Put and Call options
- Goodwill and valuation of business assets
- Tax considerations
- Liaison with financial institutions
- Transfers of liquor licences and poker machine entitlements
- Arranging due diligence searches and inspections
- Organising and attending settlement
We regularly appear in Local Court proceedings (both defended hearings and plea hearings) and District Court appeals and sentence proceedings. If your case requires a barrister, we can recommend and retain appropriate counsel for you.
We handle many areas of criminal law including:
- Traffic offences, including drink and drug driving, driving while disqualified and unlicensed driving, and dangerous driving
- General transport offences
- General criminal offences, including drug matters, assault, sexual assault, fraud, theft, property damage, public order offences and firearms offences
- Centrelink offences and tax offences
- Apprehended domestic and personal violence order proceedings
- Bail applications
- We are prepared to act on a Legal Aid basis for eligible applicants in matters for which Legal Aid is available.
When family relationships break down, we can assist in such areas as:
- Applications for divorce
- Financial agreements (which can also include pre-nuptial agreements)
- Property settlement
- Spousal maintenance
- Arrangements for children (including live with, spend time and communication arrangements) pursuant to parenting plans or Court orders
- Child support
- Mediation arrangements
- Negotiation of out of Court arrangements
- Representation in Court proceedings.
We can advise both employers and employees in relation to:
- Employment contracts
- Entitlements under the Fair Work Act and awards
- Unfair dismissal
- Workplace changes and redundancies
- Workplace health and safety issues.
We can assist in areas such as:
- Debt recovery
- Breach of contract claims
- Australian Consumer Law matters
- General commercial disputes
- Insurance claims
Probate and Deceased Estates
We understand that dealing with a deceased estate is one of the more difficult challenges in life. We can assist with obtaining Probate in New South Wales, Victoria, ACT and other states.
So, let us help you by:
- Interpreting the Will of the deceased in terms of estate laws
- Advising executors and trustees in regard to their duties and rights
- Informing government bodies including Centrelink and Veterans Affairs
- Applying for Probate of the Will in the Supreme Court
- Dealing with intestacy (where there is no Will)
- Applying for Letters of Administration (if the Will is deemed invalid or is absent)
- Identifying estate assets and liabilities
- Obtaining valuations of estate property
- Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts
- Selling or transferring estate property including estate auctions
- Paying estate debts including mortgages, funeral costs, and testamentary expenses
- Advising in regard to family and testamentary trusts
- Administering trust funds
- Distributing bequests and inheritances to beneficiaries
- Organising information for estate tax returns
- Family mediation and negotiation
- Contesting wills and defending estate litigation in the Supreme Court
Wills and Estate Planning
Planning for your family’s future after you’re gone is a really important legal task.
If you take the time now to make an effective legally binding Will and Testament you can save your family not only stress but money in what will undoubtedly be a difficult time for them.
We can help:
- Advise you in regard to estate and Probate laws
- Write a will that maximises the inheritance for your family
- Set up family and testamentary trusts
- Advise you in regard to choosing executors and guardians
- Minimise the chance that your will is contested and subject to litigation
- Safely store your will and other important legal documents free of charge
At the same time as considering your Will we strongly recommend that you also put in place plans for any future incapacity through Power of Attorney and Guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered.
Powers of Attorney
A Power of Attorney is a legal document whereby one person grants another person the authority to make legal and financial decisions on their behalf. A Power of Attorney can be used in several ways – from having another take care of your affairs whilst travelling to times of extended illness.
An Enduring Power of Attorney takes this a step further, whereby the person nominated to manage the affairs (also called the ‘Donee’) may continue to manage the affairs once the person giving the power (also called the ‘Donor’) is found to have diminished mental capacity due to injury or illness. This arrangement can remain in place as long as the donor is still alive.
An Appointment of Enduring Guardians is a legal document whereby you grant the right to make decisions in regard to your health and living arrangements to another person. This comes into effect only when you are deemed to have lost the ability to make decisions for yourself and gives your family the right to speak to health professionals about your medical situation and also to make the decisions necessary to carry out your wishes in regard to medical treatment options.
Contact us to find out more or to arrange a consultation with an experienced solicitor.