Areas we serve / Mornington Peninsula / Rosebud
Lawyers and solicitors for Rosebud
Wills, powers of attorney and estates, homes and units, and shop leases for Rosebud clients, from our Frankston office about 30 minutes away.
What we do for Rosebud clients
Choose what you need help with. Each one opens the detail further down this page.
Legal services for Rosebud clients
Rosebud is the largest town on the southern Peninsula, with shops along Point Nepean Road, Rosebud Hospital, a foreshore that fills with campers each summer and a pier rebuilt in 2015.
We act for Rosebud residents planning ahead with wills and powers of attorney, for executors and families dealing with an estate, for buyers and sellers of homes and units, and for landlords and tenants of local shops. 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
Planning permits and rates for Rosebud go to the Mornington Peninsula Shire, whose Rosebud office is at 90 Besgrove Street.
Wills, estates, property and leases in Rosebud
Choose a topic to see what it involves and how we help.
Wills, enduring powers of attorney and medical treatment decision makers, prepared to meet the formal requirements of Victorian law.
- Wills: executors, gifts and the residue of your estate. For blended families, life interests and protective trusts can balance a surviving partner against children from earlier relationships.
- Enduring power of attorney: appoints someone to make financial or personal decisions for you, or both, and continues if you lose capacity. Made under the Powers of Attorney Act 2014 (Vic).
- Medical treatment decision maker: the person you choose to make medical treatment decisions if you cannot, with an advance care directive recording your wishes.
- Without these documents: nobody has automatic authority to deal with your bank accounts or property, and your family may need to apply to VCAT for an order.
Probate, letters of administration and estate administration for executors and families.
- Is a grant needed? Usually if the deceased owned real estate in their sole name. Property owned as joint tenants passes to the surviving owner without one.
- The application: the intended application is first advertised online through the Supreme Court’s RedCrest-Probate system, then filed with affidavits and a statement of assets and liabilities.
- Distribution: most executors should not distribute until at least 6 months after the grant, because of the time limit for family provision claims.
Contract and section 32 review, auctions and private sales, and settlement for houses, units and townhouses.
- Units and townhouses: properties with common property are managed by an owners corporation. Read the rules, the fees and any special levies before you sign.
- Duty: concessions apply to some homes, including for pensioners and first home buyers. We check whether you qualify.
- 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.
Leases for shops and service businesses in the town centre, for landlords and tenants.
- Disclosure: the landlord must give a retail tenant a disclosure statement and the proposed lease at least 14 days before the lease is entered into.
- Minimum term: a retail lease, including options, must generally run for at least 5 years, unless the tenant obtains a certificate from the Small Business Commission.
- Selling the business: a retail landlord may refuse consent to an assignment only on limited grounds, and is taken to consent if it does not respond within 28 days of a complete request.
Planning ahead
An enduring power of attorney lets someone you trust act for you if you cannot. It must be made while you have capacity, so it is worth making one now, while there is no hurry.
Planning ahead in Rosebud
Your estate plan, step by step
Five steps to a will and powers of attorney that match your wishes and your family. We explain each document in plain language, in English or in Polish.
01
Take stock
List what you own and how: property in your sole name, property owned as joint tenants, superannuation and any business or trust. Some assets pass outside your will.
02
Choose your people
Decide who will be your executors, your attorneys, your medical treatment decision maker and any guardians for young children.
03
Your will
We draft your will to state your wishes clearly, and supervise the signing so the witnessing requirements of the Wills Act 1997 (Vic) are met.
04
Powers of attorney
An enduring power of attorney covers financial and personal matters. A medical treatment decision maker is appointed separately, and most people need both.
05
Keep it current
Review everything after marriage, separation, a birth or death in the family or a major sale, and otherwise every three to five years. Check your superannuation nominations too.
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.
Rosebud clients
About 30 minutes from Rosebud via the Mornington Peninsula Freeway, or meet us by phone or video.
Visit us from Rosebud
435 Nepean Highway, Frankston VIC 3199
Monday to Friday, 9:00am to 6:00pm, by appointment
From Rosebud
About 30 minutes by car via the Mornington Peninsula Freeway and Peninsula Link.
By bus
Route 788 runs from Rosebud to Frankston station, a short walk from our office, and route 887 runs between Rosebud and Frankston via Monash University’s Peninsula campus.
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 law requires it, but homemade wills are a common source of disputes. A will that is unclear, is not properly witnessed, or leaves out important assets can cost your family far more than it saved.
Nobody has automatic authority to deal with your bank accounts or property. Your family may need to apply to VCAT for an order, which takes time and money, and the person appointed may not be the one you would have chosen.
Not always. A grant is usually needed if the deceased owned real estate in their sole name, or if a bank or other institution holding assets asks for one. Property owned as joint tenants passes to the surviving owner without a grant.
Most executors should not distribute until at least 6 months after the grant, because of the time limit for family provision claims. An executor who distributes earlier can be personally liable if a claim succeeds.
Our office is at 435 Nepean Highway, Frankston, about 30 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 services.
Wills and leasing insights
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More than half of Australian adults do not have a valid will. If you die without one, Victorian law decides who receives your assets, not you.
Talk to us about your Rosebud 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.
