Clement & Co Lawyers

Unit 2, National Bank Building, 12 Sutton St Mandurah North WA 6210

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Clement & Co Lawyers continue to maintain the standard set by the firms founder Brett Clement, who over 40 years established himself as Mandurah's premium lawyer.

Clement & Co is now Mandurah’s largest law firm with six lawyers to assist you with your legalproblems.

Clement & Co now has three Family lawyers, namely Chris Raphael and Marlene Rudland, to assist in all family law matters, which makes us the first choice for family law advice in the Peel region.

In all property matters we now have the benefit of Vickie Scarff who has over 40 years experience with a national law firm. On any aspect of leasing, buying and selling property and businesses, youcannot go past her experience and practical approach.

With Earle Scarff and Eleanor Scarff, there is a wealth of knowledge to assist you with all your Commercial, Estate and Will enquiries.

Further, Clement & Co are pleased to offer the following services by Eleanor Scarff who previously practised in Perth with a leading boutique firm:

– Personal injury law including workers’ compensation claims, motor vehicle accident claims, criminal injuries compensation and public liabilities claims; and

– Employment law including unfair dismissal claims, discrimination claims and contractual disputes.

 

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What do i do if im left out of a will

The following case study is from a Sydney Law Firm specialising in Will Disputes.   The main points of this case are:-

  • When one parent remarries and leaves the estate to the new spouse.
  • Power of Attorney sells home and buys a new home in his name only.
  • Children could not claim on their mothers’ house as she was no longer on the title.
  • 12-month window for Will Dispute nearly exhausted in negotiations
  • Notional Estate

Our firm successfully represented two sisters who were left out of their mother’s Will.  Their mother contracted a terminal illness and died in her 50s.  Each adult daughter had a young family.  The mother had remarried and had made a mutual Will with her second husband in terms that she left everything to her husband, and that on his death he would leave everything to the two daughters. The husband made a Will leaving everything to his wife, and then to her daughters.

In addition, the wife granted the husband a Power of Attorney over her financial affairs.

Once the wife became ill and was no longer able to be cared for at home she had to be removed to a nursing home.  While she was living in the nursing home and without her knowledge her husband, using the Power of Attorney, sold their home and with the proceeds of sale purchased a new home in his name only.  He did not inform his wife of his actions.

The daughters only learned of these events after the death of their mother, when her estate revealed that she did not own her home.left out of a will what can i do

During the next 11 months the husband continued to promise the two daughters that he would come to an accommodation and provide for them, however, nothing eventuated and the daughters sought our expert advice.  It was important that they did so as their right to bring a claim on their mother’s estate would have lapsed after 12 months, and they would have been robbed of their inheritance if they continued to let the negotiations with the second husband prolong for a further month.

Heckenberg Lawyers was able to file an application on the eve of our clients’ rights expiring and to preserve their rights of inheritance on their mother’s estate.

We were then able to conduct a Court case where we were able to reveal the transactions by which the mother’s real estate and bank accounts had been taken by the second husband for his own benefit and the purchase of his new home.

This involved the concept of ‘notional estate’, whereby evidence is presented to the Court that although the property no longer forms part of the deceased person’s estate (in this case, as it had been taken prior to her death) it can under certain circumstances be identified and brought back into the estate for accounting purposes, which we were successfully able to do in this case.

We are pleased that we were able to achieve a successful result for both our clients and they were able to secure their inheritance, something which their mother had always intended them to receive but they were in very real danger of losing completely.

Heckenberg Lawyers are recognised as leaders in the law of contested estate litigation, disputed Wills and Probate law.  Deceased estate disputes and cases where people have been left of out of the Will are often factually complicated and involve precise legal principles. We have been specialising in these areas of the law for over 20 years, and provide cost-effective and expert legal advice.

See our Will Dispute Lawyer & Contesting Wills page for more information on the Wills & Estates services we provide or contact us for advice specific to your situation.

What do I do left out of a will lawyer

Carer of a dementia patient what do i do

One of the toughest jobs you can ever do is to watch the decline of a loved one to a mental disease.  More so, when you are the full-time carer and you have to contend with everything from toilet and washing duties to sometimes physical and verbal abuse.  It can be rewarding, but soul-destroying is another term that could be used.

But what is it like for the dementia patient themselves?  Are they aware of their surroundings?  Do they know when they are being mistreated or worse … neglected?

In a recent case (as reported by AAP/SBS), a Coroner cries over 83yo’s ‘tragic’ death, an elderly mother had been left to ‘deteriorate’ under the apparent care of one of her 3 daughters.  Once it was discovered that her 83yo mother had in fact passed away, her daughter shut the door and carried on like her mother was still alive.

Noreen Peacock had been diagnosed with having advanced dementia in 2010 and had not seen a doctor since this diagnosis.  Three years later, her body was found by a real estate agent at the home she shared with her youngest daughter in Sydneys Northern Suburbs.

The Deputy State Coroner described the case as “extraordinarily sad” highlighting the failures of Noreen’s daughters to support each other.

dementia carer what do i doIn the Kellyville home, a significant amount of empty wine bottles were also found suggesting the increasing dependance of alcohol from Melissa.

At the time of Noreen’d death, she would not have weighed more than 37 kilograms.

“There was no one in the outside world … keeping watch over Mrs Peacock or the care she was being given,” The Coroner, Ms Freund said.

Whilst the primary care resided on just one of the daughters, the other family members should have discussed a plan, or make inquiries as to how Melissa was coping.  “Melissa was left to flounder and the consequence was extreme,” said Ms Freund.

In this case, a charge was made for operating an account without authority (fraud), as well as failing to report a death.  No conviction was recorded as she was dealt with under the Mental Health Act.

If you find yourself being the primary carer for a dementia patient it is essential to keep in contact with the community – family members, neighbours, health care facilities, counselling.

 

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Carer of a dementia patient what do i do