Areas we serve / Frankston City / Langwarrin
Lawyers and solicitors for Langwarrin
Homes and larger bush blocks, subdivisions, wills, powers of attorney and estates for Langwarrin and Langwarrin South clients, from our Frankston office under 15 minutes away.
What we do for Langwarrin clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Langwarrin clients
Langwarrin mixes family streets with larger bush blocks, beside the 214-hectare Langwarrin Flora and Fauna Reserve and McClelland Sculpture Park+Gallery. About half of Langwarrin homes were owned with a mortgage at the 2021 Census, and green wedge land runs through Langwarrin South.
We act for Langwarrin families buying and selling, for owners of larger blocks planning to build or subdivide, and for people planning their estates or looking after a parent’s affairs. 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 City Council has a customer service centre at The Gateway, 230 Cranbourne-Frankston Road, Langwarrin.
Property, land, wills and estates in Langwarrin
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 Langwarrin.
- 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.
- First home buyers: pay no land transfer duty on homes up to $600,000 and reduced duty up to $750,000. A $10,000 first home owner grant may apply to a new home valued at $750,000 or less.
- 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.
Larger blocks on Langwarrin’s bushland edge often carry environmental, landscape and bushfire controls.
- Overlays: environmental significance, landscape and bushfire overlays can control subdivision, buildings and the removal of native vegetation. Check the planning property report before you buy or build. We can check it as part of reviewing the contract.
- Native vegetation: on land of 0.4 hectares or more, removing native vegetation generally needs a planning permit, and an overlay can require one on a smaller block. Where no planning permit is needed, a tree with a trunk circumference of 110 cm or more at its base generally needs a Frankston City tree permit.
- Green wedge: in the Green Wedge Zone a dwelling needs a permit, only one dwelling is allowed on each lot, and lots smaller than the minimum size (40 hectares unless the zone schedule sets another size) generally cannot be created. Some green wedge land is in other zones with different rules.
- 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.
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.
Buying a bush block?
Check the zone, the overlays and whether the land is in a bushfire prone area before you sign. We review the planning property report with the section 32 statement.
Executors in Langwarrin
An estate, step by step
What an executor does, from the first weeks to the final distribution. Much of it can be done by email and phone, wherever you live.
01
Is a grant needed?
We find the original will and check whether a grant is needed. Property owned as joint tenants passes to the survivor without one.
02
Apply for probate
The intended application is advertised online through the Supreme Court’s RedCrest-Probate system, then filed with affidavits and a statement of assets and liabilities.
03
Assets and debts
Once the grant is made, the executor identifies and collects the assets, pays funeral expenses and debts, and keeps proper records and accounts.
04
Tax and notices
Final tax returns are lodged. The executor can publish a notice under section 33 of the Trustee Act 1958 (Vic), giving creditors and claimants at least two months to claim.
05
Distribution
A distribution properly made more than 6 months after the grant is protected, provided the executor has had no notice of a family provision claim. We prepare the estate accounts and transfer or sell property.
How we work
Visit us from Langwarrin
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Langwarrin
Usually under 15 minutes by car via Cranbourne-Frankston Road.
By bus
Routes 789, 790 and 791 run from Langwarrin 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.
It depends on the zone, the overlays and any restrictive covenant on the title. Low density and green wedge zones limit subdivision, and bushland overlays can add controls. We review them with your town planner or surveyor before you commit to costs. See property development and subdivisions.
Usually, yes. On land of 0.4 hectares or more, removing native vegetation generally needs a planning permit, and an overlay can require one on a smaller block. Where no planning permit is needed, a tree with a trunk circumference of 110 cm or more at its base generally needs a Frankston City tree permit. Check the planning property report and ask the council before you clear anything. We can check the controls on your land for you.
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.
Our office is at 435 Nepean Highway, Frankston, usually under 15 minutes by car. Much of the work can be done by phone, video and email, so you may only need to come in to sign documents.
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 Langwarrin 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.