Experts in Wills and Estates

Retirement Villages

**Please read this BEFORE signing a retirement home contract**

Retirement villages and retirement homes properties are on the rise.

As an ageing population, it appears that these types of communities are the ideal solution to downsize and spend retirement years, with facilities conveniently placed close to hand.

It is very easy to get caught up in the luxuries being offered in the glossy brochures and show homes

However, it’s very important to understand the contract before signing it.

Our retirement home lawyers can advise you on the risks and rewards BEFORE it’s too late.

This could have a significant impact on your finances and the inheritance for your loved ones.

Will you OWN your home in the retirement village?

Some retirement villages ask prospective residents to enter into a licence arrangement where you pay a fixed up-front interest-free loan on entry to the Village as well as fortnightly or monthly charges. This type of arrangement gives you the right to occupy the premises but does not give you any legal ownership of the premises.

In other retirement villages, you will be asked to enter into a leasehold arrangement where your lease will be registered on the title of the property and you are required to pay an upfront deposit as well as fortnightly or monthly charges.

Retirement villages can also operate under a Strata Scheme or Company Title Scheme where you purchase the premises from the previous resident or operator. In entering a retirement village under a Strata Scheme or Company Title Scheme you will acquire legal ownership of the premises, which gives you the right to sell the premises at any time for the price you wish. However, you may be liable to pay departure fees, capital gains and other charges from the proceeds of the sale.

Retirement Home Lawyers

Hidden costs?

The main concern of many people entering into a retirement village is the financial obligations they will incur under the contract. These include the initial entry cost, any recurring fees during their period of residency and the cost of leaving the premises. Departure fees can be particularly difficult to understand and will determine how much you or your estate will get back when you leave the village.

Be careful before signing a contract…

Signing a contract to enter a retirement village is the same as entering into any other contract. It is a binding legal document that will affect your future and may impact the beneficiaries of your estate. And once the contract is signed it is very difficult to get out of.

Please call us to speak with an expert retirement home lawyer

Who owns the property when you die?

Will the retirement village be entitled to part of your estate?

Will the retirement village received part of the sale?

Are there any hidden fees?

How much will it ACTUALLY cost?

We can advise you on this. Please contact us for a chat. Our solicitors are very experienced in retirement village law and contracts.

Jane Araneda
Jane Araneda
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Thanks to Graeme, Blaise and their team at Heckenberg Lawyers for helping us finalise our matter in a timely manner. They were always very helpful and professional. They took care of everything very well, which meant that there was no added stress on me and my family. Jane A.
Kim Pink
Kim Pink
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I found Heckenberg Lawyers to be very professional and knowledgeable. Graeme took the time and explained the entire process to me. He was never pushy nor was he just after "his cut" as so many other practices are. He was at all times looking out for the best interest of the estate and not wanting it to be eaten. I found his staff to be extremely thorough and attentive. I would have no hesitations to recommend this practice if you want the best outcome possible.
Donna Hodges
Donna Hodges
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Blaise was extremely professional in assisting with all matters to do with my fathers estate and probate. She made an extremely complex process very easy to understand and instilled great confidence at a difficult personal time for our family.
Sonja Psaroudis
Sonja Psaroudis
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If you need legal representation in a matter to do with Wills & Estate law I highly recommend Graeme, Blaise and the whole team at Heckenberg. Their knowledge and expertise in this area of the law was a huge comfort at a very difficult time, saving all parties involved time and money in the long run. Thanks again .!
Olma Mignacca
Olma Mignacca
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Graeme is trustworthy and thorough. His charges were reasonable and easily understood. The team was considerate and helpful.
Samuel Burns
Samuel Burns
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As the executor of an estate, I engaged Graeme and his team to handle a family provision claim and probate matter. I found Graeme to be professional and knowledgeable. Throughout the entire process, Graeme treated all parties involved with respect. He was always willing to take my concerns onboard and never pushy. Highly recommended.
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