Entering into a retirement village agreement is a complex legal transaction and the rights created with a retirement village agreement are very different to those created when you are purchasing an ordinary residential dwelling. Robbins Watson Solicitors expert team of property and elder law lawyers are here to assist you with every aspect of your transition to retirement living.
There are a number of ways for people to own or occupy a premises in a retirement village or aged care facility, including under a long-term lease or license, by purchasing a manufactured home situated in a retirement village or under company title. There are many considerations to keep in mind before entering into a retirement village agreement and it is also important that you understand your legal obligations and responsibilities under these agreements. There are usually considerable costs involved, including a lump sum ingoing payment, general service charges, personal service charges, maintenance reserve fund contributions, site fees, lease registration fees, and exit fees.
Many people form the view that they will be leaving the retirement village “in a box” so to speak, which means they do not always give appropriate consideration to the impact of exit costs. We commonly hear statements like “that is for my estate to worry about”. However, it is not uncommon for residents to leave earlier than expected, possibly because they do not like the complex, their relationship breaks down or they want to move to be closer to family (to name a few). If this happens, you may find the expenses of selling are prohibitive or a such that you cannot afford the ingoing contribution to acquire residence in a village of the same standard. This a confronting experience with potentially devasting consequences, particularly if you do not have substantial additional assets to fund your accommodation.
Our expert team of property and elder law lawyers are able to take the time to explain retirement village agreements with you in plain English to ensure you are well informed of your rights and obligations before entering into a retirement village. We will also ensure the retirement village agreement complies with the Retirement Villages Act 1999 (Qld) and advise you of your rights under this legislation.
We can also assist families in preparing granny flat agreements as they are often viewed as simple and informal ways for children to help their parents into retirement. They are also increasingly popular due to their favourable treatment by Centrelink. However, these agreements can be complex and can often lead to family conflict, so it is vital to ensure you obtain independent legal advice from one of our expert property and elder law lawyers prior to entering into such an agreement.
These differing retirement village and aged care living arrangements can also have a significant impact upon your estate planning, which requires consideration and attention. Our expert team of wills and estate planning lawyers can assist clients in making the necessary arrangements to ensure your estate passes to your intended beneficiaries.
We specialise in offering fixed fee services for retirement village agreements in Queensland and New South Wales, and can assist you with:
Advising on entering or leaving retirement villages or aged care facilities
Advising on lease or licence agreements for retirement village or aged care facilities
Drafting, negotiating and advising on purchase and sale contracts for manufactured homes
Advising on site agreements and park rules for manufactured homes
Negotiating and drafting of family and granny flat agreements, including agreements regarding the care of elderly family members
Assistance with the sale conveyance for clients selling their family home to move into retirement village or aged care living
Estate planning, including Wills, Enduring Powers of Attorney and Advance health directives and end-of-life care
If you require assistance with planning your retirement living, please contact our property or elder law experts at Robbins Watson Solicitors today on 07 5576 9999.
We can discuss your case and identify how we can work with you to achieve the best possible outcome.
or call a trusted advisor today