Areas we serve / Frankston City / Frankston South
Lawyers and solicitors for Frankston South
Buying and selling, second dwellings and subdivisions, wills, powers of attorney and estates for Frankston South clients, from our Frankston office usually within 10 minutes.
What we do for Frankston South clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Frankston South clients
Frankston South climbs from Olivers Hill and the foreshore into hilly, tree-lined streets with bay views, around the Sweetwater Creek reserve. Most homes are separate houses on established blocks, and more than a third were owned outright at the 2021 Census.
We act for Frankston South home owners buying, selling, subdividing or downsizing, and for families planning their estates or dealing with one. Radek Dajer, our principal solicitor, acts personally on each matter, in English or in Polish, and we meet at our Frankston office or by video.
Local note
Frankston South is in Frankston City, so planning permits and tree permits go to Frankston City Council, not the Mornington Peninsula Shire.
Property, wills and estates in Frankston South
Choose a topic to see what it involves and how we help.
Contract and section 32 review, auctions and private sales, and settlement for homes and land in Frankston South.
- Before you sign: we check the contract, the section 32 statement and the planning controls on the land, including any overlay, and suggest changes while you can still negotiate.
- Cooling-off: for many private sales of residential property, you have 3 clear business days after signing to end the contract. There is none at a publicly advertised auction.
- Selling: most sellers now need an Australian Taxation Office clearance certificate by settlement, whatever the price. Apply early, because it can take some weeks to issue.
Second dwellings, units and two-lot subdivisions on established Frankston South blocks.
- Zone and overlays: they decide whether a second dwelling or a subdivision is possible. The planning property report shows them, and the section 32 statement must disclose them.
- Trees: a Frankston City permit is needed to remove or damage a tree with a trunk circumference of 110 cm or more at its base, including on private land.
- Covenants: some older subdivisions carry restrictive covenants on title, for example limiting the number of dwellings. A covenant can prevent a subdivision unless it is removed or varied.
- Townhouse code: since 31 March 2025, if a proposal for townhouses or apartments of up to 3 storeys meets all the relevant standards of the Townhouse and Low-Rise Code, objectors cannot appeal the council’s decision to VCAT. A planning permit is still needed, and other controls, such as overlays, still apply.
Wills, testamentary trusts, enduring powers of attorney and medical treatment decision makers, updated as your family changes.
- Wills: executors, gifts, guardians for young children and testamentary trusts, including for blended families.
- Enduring power of attorney: appoints someone to make financial or personal decisions for you, and continues if you lose capacity. Made under the Powers of Attorney Act 2014 (Vic).
- Medical treatment decision maker: the person who makes medical treatment decisions if you cannot, under the Medical Treatment Planning and Decisions Act 2016 (Vic).
- Superannuation: usually not covered by your will unless you have a valid binding death benefit nomination.
Probate and estate administration, family provision claims, and help when a parent can no longer manage.
- Executors: probate and administering the estate. Probate applications are filed online with the Supreme Court of Victoria.
- Family provision claims: must generally be filed within 6 months after the grant of probate or letters of administration.
- A parent who can no longer manage: if they made an enduring power of attorney, the attorney can act under it. If not, an application to VCAT for an administration or guardianship order may be needed. VCAT hears most of these in the Melbourne CBD, and some at a venue closer to home, such as Frankston.
Selling a parent’s home?
If the home was in a late parent’s sole name, the executor usually needs a grant of probate before the sale can settle. We can run the probate application and the sale together.
Subdividing in Frankston South
Your subdivision, step by step
From the first check of your block to new titles you can sell. We coordinate with your surveyor and town planner at each step.
01
Check the block
We review the title, any restrictive covenant, and the zone and overlays with your town planner or surveyor before you commit to costs.
02
Planning permit
Most subdivisions need a planning permit from Frankston City Council.
03
Plan certified
Your surveyor prepares the plan of subdivision, and the council certifies it.
04
Statement of compliance
Once the permit conditions are met, the council issues a statement of compliance.
05
Registration and sale
The plan is registered with Land Use Victoria and new titles issue. An owners corporation is created if the plan has common property.
How we work
Visit us from Frankston South
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Frankston South
Usually within 10 minutes by car.
By bus
Route 773 runs from Frankston South via Kars Street to Frankston station, a short walk from our office.
Parking
Wilson Parking at 453 Nepean Highway, street parking on the Nepean Highway, and the car parks at McDonald’s across the road and at Dan Murphy’s.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
No. Frankston South is in Frankston City, so planning permits, tree permits and rates go to Frankston City Council. Mount Eliza, next door, is in the Shire.
A Frankston City permit is needed to remove or damage a tree with a trunk circumference of 110 cm or more at its base, including on private land. If a planning overlay applies, a planning permit may be needed instead, and it can cover smaller trees, so check the planning property report before you remove anything. We can check the controls on your land for you.
It depends on the zone, the overlays and any restrictive covenant on the title. We review them with your town planner or surveyor before you commit to costs. See property development and subdivisions.
If they made an enduring power of attorney, the attorney can act under it. If not, and they have lost capacity, an application to VCAT for an administration or guardianship order may be needed. VCAT hears most guardianship matters in the Melbourne CBD, and some at a venue closer to home, such as Frankston, or by phone or video.
A family provision claim must generally be filed within 6 months after the grant of probate or letters of administration. Get advice early, because the time limit is strict.
Yes. Radek Dajer speaks Polish and can take your instructions and explain your documents in Polish. See our Polish-language page.
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Talk to us about your Frankston South matter
Tell us briefly what has happened or what you are planning. We reply to every enquiry within one business day, by phone, email or text, whichever you prefer.
What happens next
- Send the form.
- We reply within one business day.
- We arrange a time to talk, or ask for any information or documents we need first.
Prefer to talk? Call 1800 776 529, Monday to Friday, 9:00am to 6:00pm.