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Apr 26, 2024

How Do You Get Copyright?

The “right to copy” in work you create is automatically yours!

• You have the say in how the work can be used
• You have the right to benefit commercially
• You have legal recourse if anyone infringes on your rights

There are a few exceptions e.g. work created in an employment situation or commissioned work, where the copyright may not be yours.

Continue reading "How Do You Get Copyright?"

Apr 24, 2024

How to Revoke a Will in 3 Different Ways

When you wish to revoke a Will, you would want to do it in such a way that it cannot be contested at a later time.

You can do so by executing a new Will, Codicil to Will or you can execute a simple Revocation of Will document.

We provide free templates for all the above.

Incidentally, you can also revoke a Will by a physical act and it may also be revoked by an operation of law or by executing an antenuptial contract with testamentary provisions.

Continue reading "How to Revoke a Will in 3 Different Ways"

Apr 22, 2024

Personal Loan Agreements - Consider this:

Terms of Payment:

Consider if/how the borrower can afford to repay the loan within a time period acceptable to the lender. If the payment schedule is not feasible, it will inevitably lead to default which is not the desired outcome.

Interest:

Can you charge interest and at what rate? Should you charge interest?

You don't have to charge interest (with loans to family members for example) but you need to know what the limitations are.

Security:

You could consider tangible goods such as jewelry, art work etc. as collateral to secure a loan. You could also require/demand that the repayment of the loan is guaranteed by having another person sign as co-signor or enter into a separate guaranty agreement with a guarantor.

Review our guidelines and use our free Promissory Note templates to compile your document.

Continue reading "Personal Loan Agreements - Consider this:"

Apr 19, 2024

Free Codicil to Will Form to Amend a Will

You should review (and amend if necessary) your Will whenever there is a change in your family circumstance, or every couple of years.

If you want to make minor changes to your Will and you do not wish to make a new Will, then take a look at the sample wording in our free codicil templates to alter the provisions in your document.

The printable forms are provided in PDF and Word format and we also provide the legal guidelines for their use.

Continue reading "Free Codicil to Will Form to Amend a Will"

Apr 17, 2024

Legal Wills - Frequently Asked Questions

Starting off a new year with your paperwork in order is a good idea and one of the most important documents to do, may well be your Last Will and Testament.

When writing a will you may need to know:

• Where should I store my will?
• Can I have more than one original will copy
• Can I disinherit my spouse?
• What does the clause "power of assumption" mean?
  etc.

Answers to these and many more questions can be found here:

Continue reading "Legal Wills - Frequently Asked Questions"

Apr 15, 2024

Durable or Lasting Power of Attorney

An enduring, durable, continuing or lasting power of attorney is such an important legal document to have in place!

It enables you to appoint the person(s) you wish to look after your affairs when you become incapacitated.

Unlike a normal POA that expires, the directives in this document will endure/last/continue when you are no longer able to make your voice heard.

Here are some step-by-step guidelines (and free templates) to help you plan ahead.

Continue reading "Durable or Lasting Power of Attorney"

Apr 12, 2024

When is a Restraint of Trade Enforceable?

It is acceptable for a company or franchise or employer to want to protect a company's business interests.

The keywords here are "reasonable" and whether there are "proven business interests" that warrant protection.

You then need to consider:

• The area to which the restriction will apply
• Which activities will be restricted
• The duration and the entity to whom the restraint applies

Review our guidelines on how to go about drafting your legal agreement.

Continue reading "When is a Restraint of Trade Enforceable?"

Apr 10, 2024

How to Create a Testamentary Trust Will

Creating a testamentary trust under a will offers many advantages! We'll show you:

• Sample wording to create a trust in a will
• Examples of instructions to trustees
• Whether probate is necessary
• The difference between a Testamentary Trust vs Living Trusts ("inter vivos" trusts)

Continue reading "How to Create a Testamentary Trust Will"

Apr 08, 2024

Making a Living Will

If it is important to you to direct whether you wish to:

• Have your life prolonged (or not) by artificial means
• Allow blood transfusions
• Donate your tissues or organs etc.

... then you need to make these wishes known whilst you are of sound mind.

We provide a free Living Will template to assist you in drafting this important document.

Continue reading "Making a Living Will"

Apr 05, 2024

What is Adult Guardianship or Conservatorship?

And furthermore, what is curatorship?

These are all legal terms that essentially mean the same thing:

When a person lacks capacity to take care of his/her own affairs, be it finances, health decisions or daily living, another person (or persons) can be authorized in law to do so on his/her behalf.

It's only a matter of where the person resides, that determines which terminology will be used and it does require a court order.

A power of attorney can achieve the same function, provided the document is signed whilst the person still has mental capacity.

And for the document to remain valid, it has to explicitly state that it is a lasting, or enduring or durable power of attorney.

A power of attorney has the added advantage that it can be handled privately i.e. out of court and there is no need for regular reports that must be submitted to the court.

Work through our legal guidelines to see which option is most suitable for you and your loved ones.

Continue reading "What is Adult Guardianship or Conservatorship?"

Apr 03, 2024

Codicil to Will - How to Legally Amend a Will

A Codicil to Will is a convenient way to make changes to your Will without having to redraft and execute a new Last Will and Testament.

People most frequently ask:

• What are the legal requirements for a Codicil?
• Can you make handwritten changes on a Will?
• Can you have a second Codicil?
• Can a Codicil be contested?

Making a Codicil to Will is not difficult - we'll show you how to draft your document and provide a free Codicil to Will form to use as template.

Continue reading "Codicil to Will - How to Legally Amend a Will"

Apr 01, 2024

Employee Loan Agreement

A borrower is normally in control of how and when repayments of a loan will be made.

However, an employer can simply deduct loan repayments from an employee's salary.

An employer should get the correct paperwork in order!

The employee should sign an acknowledgement of the debt AND should grant permission for deductions to be made by the employer.

Our free template is specifically tailored with the above in mind.

Continue reading "Employee Loan Agreement"

Mar 29, 2024

What is Legal Guardianship?

And what are the legal requirements for a guardian?

And what is the duration of guardianship or how can one terminate a guardianship order?

We supply answers to the above and also:

• Show the difference between guardianship and foster care and adoption and custody;
• Supply an Affidavit of Guardianship template;
• Supply a Power of Attorney for children and a Temporary Guardianship Form.

And show you how and when you can use these forms.

Continue reading "What is Legal Guardianship?"

Mar 29, 2024

Addendum to A Will - How to Make a Codicil

People's family circumstances can often change which gives the need to update a Last Will and Testament.

You do not need to see a lawyer to make simple changes to your will.

For example, you may need to:

• Change the executor;
• Remove or add a beneficiary;
• Change a guardian;
• Add a Letter of Wishes;
• Make an additional bequest, etc.

You can make a Codicil by following these 7 simple steps and reviewing our legal guidelines and free templates for a Codicil to Will.

Continue reading "Addendum to A Will - How to Make a Codicil"

Mar 27, 2024

Non-Solicitation and No-Competition Agreements

A company's assets go way beyond tangible goods!

There is substantial value in a company's client list. Equally, its employees often represent a major financial investment on the part of the company, e.g. sourcing, training, etc.

The purpose of a Non-Solicitation agreement is to protect those assets against unfair advantage from a competitor.

This may happen when an employee leaves the company and by soliciting fellow employees will not only gain from their experience, but will also have access to any confidential information that they may have.

An ex-employee may also attempt to solicit business from a company's customer base. Knowledge of the company's pricing structure, suppliers, marketing plans etc. will constitute an unfair advantage to a former employee.

Having a Non-Competition and Non-Solicitation Agreement in place is vital to protect these assets!

Continue reading "Non-Solicitation and No-Competition Agreements"