Welcome

Gauld & Co. Elder Law Solicitors advise in relation to the legal needs of the older person and their families. We cater for those who are still very active, and those who are more vulnerable.

We are a different type of legal practice. We understand that more patience and time may often be required for the older client.

The features of our practice:

  • Courtesy, friendliness and patience
  • Suburban based
  • “Multi-disciplinary” in the sense that we have access to range of complementary service providers to whom we can refer clients (for instance, for specialist financial advice )
  • Affordable
  • Home visits*
  • The highest standards of honesty and integrity

Our areas of practice include:

And, we also have experience in these associated areas:

  • Litigation – general
  • Litigation – related to elder financial abuse and recovery of assets for victims of financial abuse
  • Adverse Possession

(*within a reasonable distance of our office)

News & Interest
Financial powers of attorney – a trap!

Often a person making a financial power of attorney appoints two or more persons to act jointly.

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Pens – what colour?

Pens – what colour is acceptable to sign a legal document? We recently had a client who urgently contacted us saying that she had signed a document with a green pen, and…

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VCAT – applications for administration and guardianship

VCAT has power in some circumstances to make an order that a person be represented by another person. It can make either an administration order or a guardianship order, or both. Administration…

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Wills – gifts to children/grandchildren

Leaving gifts to children in Wills – something quirky: In Victoria if you leave a share of your estate to a child, and say nothing further, if that child dies before you…

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Invalid Wills

At a recent Wills session for the Salvation Army we were asked on a couple of occasions whether changing address invalidates a Will. It does not. Wills are actually drawn so that…

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Digital assets

Planning for the administration of digital assets by your executor after death is becoming an increasingly complex and pressing problem. What does an executor do with an online bank account? First, the…

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“Peppercorn” bequests in Wills

Can a “peppercorn” bequest prevent a Will challenge? It is often thought that leaving a very small bequest to a beneficiary will have the effect of preventing that beneficiary making a challenge…

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Court made Wills

In some circumstances the Supreme Court can make a Will for a person who lacks testamentary capacity. This power is given to the court in the Wills Act (Vic.). Such Wills are…

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Retirement village contracts

Retirement village contracts are a bit like marriage – they are a little bit harder to get out of than to get into. There is a variety of what are compositely called…

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Family Agreements

Family agreements, or more colloquially ‘granny flat agreements’ are predicted to become a more and more important part of the aged care landscape in the future. The harsh economic reality over the…

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Retirement village contracts

There was a recent article in the Age newspaper about some of the legal consequences of getting into and out of retirement villages. A spokesman for the Residents of Retirement Villages Victoria…

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Challenging a Will (in Victoria)

The law relating to Wills, and estate administration, is State based. Each State has its own legislation. Although there are many similarities between the States’ laws, there are also many differences. This…

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Accommodation Bonds – another myth

In the continuing series about accommodation bonds, we have myth number 2: Myth – I will lose a large part of the accommodation bond when I leave the facility. We are talking…

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Words of wisdom from oldest man

There have been many reports in the newspapers about the death of the world’s oldest man (and second oldest person). Walter Breuning died in the United States aged 114. He had some…

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More financial abuse of the older person

There was an article about financial abuse of elders in the Age on 1st April. Unfortunately, this was just one of several similar stories published in recent times. It drew attention to…

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Care required gifting to charities

The “Include a Charity” initiative is under way. It is directed at encouraging people to make a gift to charity in their Wills. I don’t think it is necessary to say anything…

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Let’s “advance”

A visiting American dignitary was recently interviewed on the radio and indicated that he was leaving a government position.  The announcer asked if he was going to retire. The dignitary’s answer was…

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Powers of Attorney – Attorney MUST keep records

Section 125D of the Instruments Act provides as follows: “Requirement to keep records An attorney under an enduring power of attorney must keep and preserve accurate records and accounts of all dealings…

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Our ageing population

Tim Colebatch recently wrote an article in the Age about our ageingpopulation and the future costs to the community of that process.The article was full of quite extraordinary (and some frightening) statistics.The…

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Legal capacity to sign documents

The capacity of a person, especially an older person, to execute legal documents is an important and quite complex topic for lawyers. If a Will, for instance, is signed by a person…

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Peter Gauld.

The Principal, Peter Gauld LL.B, has been a practising solicitor in Melbourne, city and suburbs, for thirty years.

He has a keen interest in the legal issues that affect the senior citizen.

He is, amongst other things, a member of the Elder Law Section of the Law Institute of Victoria and a volunteer Community Visitor for the Office of the Public Advocate.

He holds a Bachelor of Laws degree from the University of Melbourne, graduating in 1978.

He has a background in litigation.