Parke Lawyers
A curated legal knowledge centre from the lawyers at Parke Lawyers — authored, reviewed and maintained in plain English. Browse by practice area or search the full library.
Pinned reading
What probate is, when it's required, and the practical steps executors must take to obtain a grant of probate in the Supreme Court of Victoria.
An overview of an executor's legal duties, common pitfalls, and how to administer a deceased estate properly under Victorian law.
How testamentary trusts work, when they're useful, and the asset-protection and tax-planning benefits they can offer your beneficiaries.
Why business owners need an estate plan, how different structures pass on, and the agreements and insurances that keep a business running after death.
A clear explanation of why every adult in Victoria should have a valid Will, what happens without one, and how to make sure your wishes are properly recorded.
A practical guide to enduring powers of attorney and medical treatment decision makers under Victorian law — and what happens if you don't have one.
By practice area
Wills, testamentary trusts and planning for the future.
Grants of probate, executor duties and estate administration.
Family provision claims, will disputes and estate litigation.
Enduring powers of attorney and medical treatment decisions.
Divorce, property, parenting and intervention orders.
Business structures, succession, contracts and risk.
Ownership transition, succession planning and family business continuity.
Buying, selling and leasing property in Victoria.
Workplace investigations, awards and employer obligations.
Court proceedings, mediation and dispute resolution.
Traffic offences and summary criminal matters.
Retirement village contracts, exits and disputes.
Recent additions
A practical Australian guide for executors, beneficiaries, accountants and advisers on dividend reinvestment plans (DRPs) in deceased estates — how DRPs operate after death, Division 128 rollover, why rollover relief does not apply to post-death DRP shares, cost base consequences, CGT on transfers to beneficiaries and on sales by executors, estate income tax returns, record keeping and the executor mistakes we see most often.
A practical Australian guide for executors, beneficiaries, accountants and advisers on capital gains tax in deceased estates — Division 128 rollover, the main residence exemption, investment property, shares and post-death DRP units, in specie transfers, testamentary trusts, cost base record keeping and the executor mistakes we see most often.
A practical Australian guide for executors, beneficiaries and accountants on when a deceased estate must lodge an income tax return, when one is not required, how the estate return differs from the deceased's final personal return, estate TFNs, executor obligations, common mistakes and penalty risks.
A practical Australian guide for executors, beneficiaries, accountants and family members on who pays tax on estate income during administration — the administration period, executor obligations, beneficiaries presently entitled, trustee assessment, interest, dividends, rent, capital gains and testamentary trusts.
A practical Australian guide for executors, surviving directors, shareholders, accountants and family business owners on what happens to a company when a director or shareholder dies — ASIC, transmission of shares, sole director companies, replacement directors, the company constitution, shareholders agreements, buy/sell agreements and estate administration.
A practical Australian guide for employers on redundancy — what makes a redundancy 'genuine' under section 389, consultation obligations under modern awards and enterprise agreements, redeployment, selection criteria, redundancy pay and notice, sham redundancy and the interaction with unfair dismissal and general protections claims.
