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Retirement Villages and Aged Care Living

Deciding to sell your home and move into a retirement village or aged care facility is a big decision

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.

Granny flat agreements

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.

Aged care and estate planning considerations

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.

Meet the team

Marcus Woodfield

Partner

Emma Post

Senior Associate

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What our clients have to say

Chelsea Baker, solicitor at Robbins Watson, has been looking after the administration of our late mother’s estate. Chelsea (and her team) has been very professional, prompt and friendly. She was very knowledgeable and thorough, in explaining everything and providing all the necessary legal documents and advice. We have been very happy with the service provided and would highly recommend Chelsea and her team at Robbins Watson Solicitors

AI & LB

Thank you to Sylvia Hoefnagels for guiding me through an Estate issue. Sylvia was direct, always courteous , very efficient and understanding. I will not hesitate to contact Robbins Watsons Law firm should I require further legal advice

Catherine Scally

Thanks to the wonderful assistance of Robbins Watson, we have come to the conclusion of matters for my Father and his Estate… on behalf of my Mother and my brothers we are so grateful for the kindness and guidance shown by Chelsea and yourself, Allison, in all you have done. Thank You.

G

Thank you so very much for your help to see this finalised today Adam !!!!! A very emotional day for me, and I am so grateful for all you have done to push this through.

E.S

Just wanted to say a huge thank you to Sarah and the team at Robbins Watson for helping me with my separation recently. Sarah was exceptional in all her dealings with the separation and put my mind at ease throughout the entire process. It was a challenging time however Sarah had it completely under control and achieved a great result allowing me to move forward with confidence. Sarah was very professional, compassionate and supportive the whole way through. Thanks again Sarah for all that you do.

Family Law Client

Marcus, thank you again for your support throughout the settlement process, we very much appreciate your professionalism, advice and communication from start to finish! We would be happy to recommend Robbins Watson to our family and friends.

Angela

Good morning – just wanted to send a quick email off and let you know how impressed (my wife and myself) have been with Emma – We have bought a couple of properties up there over the last year or two – we’re from Wagga Wagga, NSW and are relocating up there at the end of this year. Emma has been absolutely fantastic to deal with and we couldn’t be happier!!! It makes things really easy when you have someone on the ball like she is – so yeah, just a quick ‘Well done’ – thanks so much, we really appreciate it and keep up the good work!

Jarrod

Thank you again for your services, I cannot fault you and your team. You are always such a pleasure to deal with and make what would normally be a stressful time, quite the opposite.

Emma (& Helen)

Please extend my warmest thanks to All that have assisted me. You all have made the process of dealing with Wills, selling property, and soon with my own Will and things. Robbins Watson have exceeded my expectations in ability, personal interactions, pleasant meetings; in short, you are my Solicitors of choice, and I say so to any and all.

George

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