Property Lawyer

Property Lawyers Specialising in Wills and Estates, Family Law, and International Matters

Falzon Legal are specialist property lawyers … bringing crucial conveyancing knowledge and expertise, supported by a full understanding of how property interweaves, impacts, and shapes your broader life.

Our compassionate and thoughtful approach goes beyond asset transactions and document filing. We see how property issues powerfully affect families, estates, international estate planning, and long-term financial plans. 

Our wide perspective allows us to be your trusted and considerate advisor for any property matter.

Legal Guidance for Life’s Property Decisions – Our Property Law Services

Whether you’re buying, selling, or transferring property … or dealing with complex Family Law or estate planning matters … you need a lawyer who can tackle every issue and opportunity with reassurance, expertise, and understanding.

Falzon Legal supports individuals, families, beneficiaries, and Executors through many of life’s most pressing real estate matters:

• Property gifting – helping individuals move ownership of house or land to children or other loved ones.
• Relationship transfers – adding or removing a spouse or de facto partner due to marriage, partnership, divorce, or separation.
• Strategic transfers – such as for tax planning, asset protection, estate planning, or moving to trusts and Self-Managed Superannuation Funds (SMSFs).
• Court Orders or Agreements – fulfilling property transfers as directed by Family Law court orders, settlements, or Binding Financial Agreements (BFAs).
• Exit strategies or retirement – moving business assets when passing on the commercial mantle.

• Legal advice on ownership types – targeted guidance depending on whether the deceased’s property was owned solely, jointly, or as tenants in common.
• Obtaining legal authority – where a Will exists, we lead Executors through the Probate process. If there’s no Will, we assist family members in gaining Letters of Administration.
• Making a Transmission Application – to move the property into the Executor/Administrator’s name.
• Formalising title transfers – addressing the necessary paperwork for NSW Land Registry Services (NSW LRS) and PEXA to update the property title to the beneficiary’s name.
• Selling the deceased’s property – leading Executors and Administrators through the sale process, whether to satisfy liabilities or to distribute to beneficiaries.
• Addressing mortgaged properties – advising on how outstanding mortgages are handled, extending time and liaising with lenders to reassign or satisfy loans.
• No Will (intestacy) situations – explaining what happens when no Will exists, and advising the Administrator on intestacy rules.

Buying a Property

Purchasing a property is typically an exciting journey … not just a new address, but also often a foundation for family, an asset for estate planning, or a big step in a relationship. It also means having to navigate a multitude of legal obligations.

Property buying extends into your family’s long-term wellbeing and legacy. At Falzon Legal, we strive to make your purchase as worry-free as possible. Our professional approach defends your interests, meets legal requirements, and explains how the acquisition fits into your larger estate and relationship plans. Our guidance includes:

• Due diligence – conducting all necessary property searches, such as building inspections, surveys, and zoning, to uncover any hidden issues or potential problems.
• Ownership structures – discussing joint tenancy, tenants in common, sole ownership, Trusts and SMSFs, and their implications for Wills and Estates, and relationships.
• Contract negotiation/review – scrutinising the sale contract, explaining terms, and negotiating to safeguard your interests … including clauses that might impact future ownership structures or pre-nuptial (BFA) agreements.
• Exchange and cooling-off – taking you through the exchange of contracts and advising you on your rights. 
• Stamp Duty – calculating the Stamp Duty payable, and exploring any eligibility for first-time buyer concessions. We’ll also look at how ownership structures can affect future Stamp Duty implications for the family or your estate.
• Settlement and title registration – arranging the final transfer of funds, and recording your new property title with NSW LRS.

• Executor/Administrator sales – taking Executors through their duties when they need to sell a property that’s part of a deceased estate, ensuring they have the crucial Grant of Probate (or Letters of Administration) to proceed.
• Family Court property settlements – aiding individuals to sell their property as part of a divorce or separation agreement, and checking it meets the needs of Court Orders or Binding Financial Agreements (BFAs).
• Future-focused contract preparation – drafting the contract of sale to feature any required clauses related to Family Law orders, BFAs, estate requirements, or particular tax considerations.
• Capital Gains Tax (CGT) and Estate Planning – advising on possible CGT obligations caused by the sale, particularly for investment properties or buildings from deceased estates.
• Resolving disputes – giving sensitive support, solutions (including mediation), and options if disputes begin between beneficiaries during a deceased estate property sale.
• Allocating proceeds – ensure monies from the sale are distributed in accordance with the Will, intestacy rules, or court orders.
• Estate administration – ensure monies from the sale of the property and all other assets, including bank accounts, shares, and personal effects, are distributed in accordance with the Will, intestacy rules, or court orders.

Property and Family Law

When Property Law meets Family Law, emotions are often at their highest. If relationships change and court orders take effect, it can impact families, finances, and futures. 

At Falzon Legal, we know the massive personal impact of these life changes. That’s why we give empathy and insight, ensuring asset matters are dealt with understanding and fairness … whether formal agreements, court demands, or situations that need immediate safety measures. We give considerate advice on:

• Property transfers – navigating property transfers (including items like shares, businesses, and cars) as directed by legally-binding Court Orders (e.g., Consent Orders) or Binding Financial Agreements (BFAs) after a marriage or de facto relationship breakdown.
• Caveats – providing advice on putting a caveat on a property … where you declare your interest, but aren’t on the Title. We can also explore Freezing Orders and JustFund financial assistance.
• Explaining the Importance of Property Titles – detailing why your name being on the Title is crucial, checking that your name is recorded by NSW LRS, and, if not, getting your name on the Title or lodging a caveat.
• Staying Home Leaving Violence (SHLV) – legal help for urgent property arrangements, ensuring safety in domestic violence situations, and supporting individuals to stay safe in their homes while the violent party leaves.
• Pets as Property – Section 4.1 of the Family Law Act 1975, now recognises companion animals (i.e. pets) as property, allowing courts to make specific orders about their care and ownership in Family Law disputes.
• Stamp Duty exemption and Family Law – giving guidance on Stamp Duty exemptions in NSW for transfers made due to a Court Order or BFA, reducing financial strain during a genuinely difficult time.

• Capital Gains Tax – CGT can be a factor when you sell a property, shares, or a business. We advise on selling an inherited property, gifting property, selling as an Executor or as required by a court order.
• Stamp Duty – advice on Stamp Duty liabilities for various property transfers … including relationship breakdowns, property inheritances, first-time buyers, and foreigner purchases.
• Testamentary Trusts – creating Trusts in your Will that could give tax efficiencies to your beneficiaries after your passing.
• Land Tax – guidance on Land Tax obligations, such as for multiple investment properties, exemptions (like main homes), and different property holding structures.

• Options to purchase – creating Wills where your beneficiaries have a chance to buy your property from the estate, useful, for example, when one child wants the family home, but the others want hard cash.
• Joint Tenancy vs Tenants in Common – explaining how these ownership structures affect title ownership after your passing.
• Life Estates – Wills that state that a certain person can live in your property for the remainder of their life …a life interest … with the ownership passing to others (remaindermen) only after the life tenant dies.
• Testamentary Trusts – they can hold and manage property for beneficiaries, give asset protection (e.g. from divorces or creditors), tax efficiencies, and protect vulnerable individuals from themselves.
• Loans to beneficiaries – detailing any loans you made to beneficiaries during your life, such as a house deposit for your child, to make sure they are accounted for (i.e. deducted) in any inheritance they receive.
• Equalisation clauses – allowing your Will to ensure that beneficiaries receive a fair share of your total wealth, which may involve the selling of your property.
• Blended families/second marriage precautions – estate planning that addresses the needs and risks of complex family structures, and systems to reduce the likelihood of contests and challenges.

✔ Interconnecting law knowledge – understanding how Property Law interweaves with Family Law and Wills and Estate planning.

✔ Reassuring guidance in Property Law – from grief to growth, safety to security, we guide you gently through transitions and legal processes.

✔ Genuine conversations – explaining your property rights, obligations, opportunities, and risks in real human language, without legal jargon.

✔ Proactive advice and action – whether safeguarding your estate, protecting your relationship interests, or advising on tax efficiencies, we look at the long-term implications of every decision. 

✔ Attention to detail – every Property Law matter is addressed with precision, promptness and clarity.

✔ Strong support in vulnerable situations – in sensitive matters, such as domestic violence or court settlements, your wellbeing and interests are our priority.