Areas we serve / Mornington Peninsula / Mount Eliza
Lawyers and solicitors for Mount Eliza
Property, subdivisions, wills, powers of attorney and estates for Mount Eliza clients, from our Frankston office about 10 minutes away. In English or Polish.
What we do for Mount Eliza clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Mount Eliza clients
Mount Eliza sits on the bay just south of Frankston, but it is part of the Mornington Peninsula Shire, not Frankston City, so planning permits and rates go to the Shire. It is known for its leafy streets, the Mount Eliza Village shops and small beaches from Canadian Bay to Ranelagh.
We act for Mount Eliza residents 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
Mount Eliza is in the Mornington Peninsula Shire, not Frankston City. Planning permits and rates go to the Shire.
Before you buy or build
Trees, overlays and subdividing
The planning controls that protect Mount Eliza’s trees and streetscapes can affect what you can build, remove or subdivide. Check these points before you buy or plan works.
Tap or point to the gold markers on the plan.
Property, wills and estates in Mount Eliza
Choose a topic to see what it involves and how we help.
Contract and section 32 review, auctions and private sales, and settlement for family homes and land.
- Before you sign: we check the contract, the section 32 statement and the planning controls on the land, including the overlays and any covenant shown on the plan above.
- 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: we prepare the contract and the section 32 statement early, so your campaign and settlement run to time.
Title and planning checks, the plan of subdivision, owners corporations where needed, and the sale of the new lots.
- 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.
- Zone and overlays: they decide whether a second dwelling or a subdivision is possible, and a Vegetation Protection Overlay can require a permit before trees are removed.
- Before you spend: we review the title and planning controls with your town planner or surveyor before you commit to costs.
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, estate administration and family provision claims, help when a parent can no longer manage, and property settlements after separation.
- 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 these at its Frankston venue.
Selling the family home?
When a parent moves into aged care or a retirement village, the sale, the power of attorney and any effect on the pension need to line up. We work with your accountant and family on the timing.
Buying in Mount Eliza
Your purchase, step by step
What happens from the first look at the contract to getting the keys. We explain each step as it comes, in English or in Polish.
01
Before you sign
We review the contract and the section 32 statement, including the zone, overlays and any covenant on title, and suggest changes while you can still negotiate.
02
Signing and cooling-off
For many private sales of residential property you have 3 clear business days to end the contract. There is none at a publicly advertised auction.
03
Finance
We work with your lender so the loan approval, the mortgage documents and the settlement date line up with the contract.
04
Settlement figures
We calculate land transfer duty and any concession, and the adjustments for council rates, water and owners corporation fees.
05
Settlement and keys
The balance and the duty are paid and the transfer is lodged through an electronic platform such as PEXA. Once settlement is confirmed, the agent can release the keys.
How we work
One lawyer, start to finish
Radek Dajer acts on your matter personally, from the first meeting to the final document, settlement or hearing.
Costs in writing
Before any work starts, we tell you in writing how we will charge and give you an estimate, and we update it if things change.
English or Polish
Meetings, advice and explanations of documents in English or in Polish.
Close to Mount Eliza
About 10 minutes from Mount Eliza, with parking nearby, or meet us by phone or video.
Visit us from Mount Eliza
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Mount Eliza
About 10 minutes by car via the Nepean Highway over Olivers Hill.
By bus
Route 781 runs through Mount Eliza 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. Mount Eliza is in the Mornington Peninsula Shire, so planning permits and rates go to the Shire, not Frankston City Council, even though Frankston is next door.
It depends on the overlays that apply to your land and any other rules the Shire applies. Check the planning property report or ask the Shire before removing vegetation, especially when preparing a site for building or subdivision.
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 guardianship matters at its Frankston venue.
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 Mount Eliza matter
Tell us briefly what has happened or what you are planning. We will explain your options, the next steps and how we charge. Call 1800 776 529 or send us a message, Monday to Friday, 9:00am to 6:00pm.
