Sale by Statutory Trustee
Dangers of acquiring property as Tenants in Common without a formal written agreement between ownersFor many, purchasing a property is becoming increasingly difficult due to inflated property prices and higher interest rates. Some prospective buyers may consider...
Queensland Land Tax Liability to Consider
Land tax laws have recently been announced and then withdrawn. The proposed changes were so that the value of any interstate land owned by an entity would be considered when determining Queensland land tax liability. Queensland Parliament recently passed then withdrew...
Fiduciary Duties When Investing Trust Funds – Your Rights and Responsibilities as Trustee
Trustees hold a general duty to preserve the trust fund. Those who fail to satisfy this duty may find themselves personally liable for losses caused by their breach. But what does this duty actually entail, and how can trustees avoid liability? A Trustees must...
5 Points to Consider when Appointing an Executor
There are several factors a person needs to consider when deciding whom to appoint as the executor of their will. The decision should not be made hastily. An ill-fitting appointment can have devastating consequences to the administration of an estate. An executor is...
Leases: Exercising Options to Renew – What to Consider
Options to renew are common in both retail and commercial leases, to provide the Landlord and the tenant with the opportunity to extend the term of the lease without the need to renegotiate a majority of the terms. However, in preparing a formal Lease with an...
Congratulations to our Senior Associate, Lauren Nolan
The crew at Perspective Law congratulate our Senior Associate Lauren Nolan, for her wedding to D’Arcy Egan last Friday at Spicers Retreats in Montville. We wish them a lifetime of happiness as they embark on this new chapter of their lives together!
June 15 is World Elder Abuse Awareness Day
Although this is an issue we should be talking about every day, we can start a conversation about this today. Abuse within our elderly community is very much prevalent and can exist physically, socially, financially, psychologically and sexually. Today, we hope to use...
Brisbane Marathon
Over the weekend our Managing Director, Tony Crilly, completed the Brisbane Marathon running a whopping 21.1km around the city. This is no easy feat, and we are so proud of this incredible accomplishment!
Testamentary Trusts – What powers of the trustee are required?
Every person has different circumstances whether it be their family members, the assets they own or control and the wishes they have for the future should they pass away. Like each person, a Will that creates a testamentary trust is as different as they are. Some...
Rights to access a Will – Can I obtain a copy of a Will?
The numerous films about estates have people believe that when someone dies, the family will be summoned to a meeting with a lawyer for the ‘reading of the Will’. There is no requirement for this to occur and it rarely takes place. Instead, we often have clients who...
Succession Planning for Blended Families
The historical view of an “average” family comprised of a husband and wife (one marriage only) and their natural born children (more commonly!). However, as society evolves, so too does this picture. These days, we see a great variety of participants that make up the...
Perspective Law is a proud member of the Cancer Council Australia Pro Bono Program
We offer our assistance in preparing Wills and Estate Plans for those affected by cancer and that are financially disadvantaged. This is an incredible program and initiative to be apart of and we take pride in providing much needed support for vulnerable members of...
Business Succession- “Going Concern” in a Commercial Property Sale – when is it GST-free?
Planning the succession of your business may involve the structure of the ownership of all assets used and consideration of the tax effect on sale. When you are involved in a commercial property or business sale you must carefully consider if the “GST sale as a going...
Dealing with payments of money or property to your children under your Will
There are many ways a Willmaker can equalise the benefits for their children under their Will. This situation often arises where one or more of the adult children have received payments of money or property from their parents during their lifetime, to the exclusion of...
Happy 20th Anniversary Linda Bartley!
Perspective Law would like to wish Linda Bartley a very happy 20th Anniversary with the company. A wonderful milestone and a great asset she has been to the firm. We are so appreciative of all that she does for us and are so lucky to have her 🙂
Seller Beware – Queensland Floods and what this could mean for your Sale
Queensland has been subject to several catastrophic weather events in the past, the most recent of which being the 2022 floods. As we start to rebuild from the havoc wreaked by this event, with the memories of 2011 still fresh in our minds, it is prudent to consider...
2022 Smoke Alarm Rules – A Summary
As of 1 January 2022, all homes or units that are being sold, or leased will require interconnected smoke alarms that are connected to the dwelling’s electrical supply. All parties involved in a residential transaction should be aware of the following practical...
Estate Claims – Family Provision
What is a family provision claim? A family provision claim is also known as a “claim” or court proceeding for further entitlement from an estate, as “contesting a Will” or as an application for “further and better provision.” These claims or applications are made...
Is Time of the Essence – the new extension clause in REIQ Residential
The new edition of the Contract for Houses and Residential Land (17th ed.) and Contract for Residential Lots in a Community Title Scheme (13th ed.) were released late January of this year, and already the property world is buzzing. One of the biggest amendments to the...
Testamentary Discretionary Trusts – Part 2
Our last blog outlined some of the major points about testamentary discretionary trusts. This blog will address some of the other key features of a testamentary discretionary trust (TDT). As previously discussed, two of the main benefits of a TDT are asset protection...
Director Identification Number – What to do
After the Treasury Laws Amendment (Registries Modernisation and Other Measures) Act 2020 (Cth) (Act) was passed on 12 June 2020, all directors of Australian companies will need to be identified by a permanent unique number known as a director identification number...
Estate Planning for Vulnerable Beneficiaries
A thorough estate plan is even more important when you are dealing with vulnerable beneficiaries, such as someone who has a disability or is suffering from drug addiction or financial susceptibility. Considerations can include retaining pension eligibility, ensuing...
Merry Christmas to all property buyers!
If there is one thing we know for certain, it is that the property market in Queensland is booming. As a result of this increase in Buyers, we have seen an increased election by Sellers to try their luck at auction. Whilst an auction can (and usually is) a thrilling...
Insolvent Estates
Have you been nominated as an executor or are the next of kin for someone who has died without a valid Will? Did you know that, during his or her lifetime, they had a significant amount of debt? Are you concerned whether there are enough assets to repay the debt?...
What you must consider before signing a Business Contract
Buying a business can be an overwhelming event for both the Buyer and the Seller and the opportunity to buy or sell at a price might seem simply too good to pass up. For this reason, many Seller or Buyer seek to jump into a contract too quickly, often without...
Testamentary Discretionary Trusts
Quite often a client will come to us and say they have heard about a Will that provides for a ‘testamentary discretionary trust’ and they want to know if it is necessary and what it means. This blog answers the seven main questions we are asked about testamentary...
Property Contracts- Correct Purchaser?
In the Queensland property market, solicitors are often an afterthought when it comes to commencing the sale or purchase of a residential property. Unfortunately, by the time “legal” gets subbed into the game, the agent has already scored straight down the middle with...
Recovering Land Tax – Points to Consider for Tenants and Landlords
As land tax can be a significant expense for investment property owners, when considering a lease, it will be of interest for both the potential lessor and the tenant whether the land tax can be recovered from the tenant as an outgoing. The following chart lists a...
Common Estate Planning Traps to Avoid
As with most estate administration matters, we see clients that are left with difficult circumstances after their parent has passed away. Sometimes, those clients are survived by step parents, who were married to the deceased parent for only a short duration and had...
Debts and Statute of Limitations
Ever wanted to know the best way to secure a Loan to your children for purchase of their home? Make sure that you have a formal Loan Agreement with conditions or a term for repayment and it is not just in writing and repayable on demand. Have you ever wondered how...
Buying Off the Plan Developments: Buyer Beware
The economy has bounced far better than everyone expected and this has resulted in a surge in property buying. As the economy expands, the more frequent speculative option of buying “off-the-plan” has become . Instead of trawling through open homes to find the diamond...
Queensland Property Contracts – Lockdown Makes No Difference
Picture this: it’s Saturday evening. You are waiting nervously next to your phone with a glass of wine to take the edge off; waiting anxiously, after seeing your dream home at an inspection that morning. Why so serious? You have submitted an intention to make an offer...
The Voluntary Assisted Dying Bill 2021 passed by Queensland Parliament
Finally the Voluntary Assisted Dying Act (VAD) has come into force in Queensland after much debate and news coverage. But when does it start and what does it allow? The commencement date for the legislation is important because it excuses medical practitioners from...
Key functions of an Agreement to Lease and its enforceability
From both the perspective of a potential Landlord or a tenant, an Agreement to Lease is often an important document that can highlight key points that are in agreement, prior to a Lease being prepared. If done correctly, it can reduce the points of negotiation or...
Doyle’s Guide – Rising Star
Perspective Law are delighted to announce that our Senior Associate, Lauren Nolan, has been recognised as a rising star in the Doyle’s Guide List for Wills and Estates for 2021.
Doyle’s Guide
We have some exciting news! Our Director, Tony Crilly, has been recommended in the Doyle’s Guide list of Leading Wills, Estates & Succession Planning Lawyer Rankings for 2021.
When to update your Estate Plan
23 August 2021 to 29 August 2021 is ‘Wills Week’ and a timely reminder to anyone who needs to update their estate plan. 1. What documents are included in my estate plan? Your estate plan includes more than just your Will. It also includes: Enduring Power of Attorney...
Queensland REIQ Contracts – Never Simple
Now a “Who’s Who” in the contract clause “zoo” would be incomplete without a quick coverage of the other big addition to most residential sale contracts. The “peas” to the finance conditions metaphorical “carrots” if you will. Of course, I am referring to the Building...
PEXA: 101 And Why It Matters To Me
You may have heard of the term “PEXA” hovering in recent news or in the Australian Financial Review, specifically as the PEXA Group Ltd went public in an IPO on 1 July 2021. So, what exactly is PEXA, how does it work, and why does it matter to you where you are...
Perspective Law has some exciting new announcements to make…
We are so thrilled to welcome Katherine Blood and Jake Cho to our team! Katherine has worked in the legal and professional services industry for over 10 years, including extensive work in the property area as a solicitor. Katherine ensures her advice and...
Binding Death Benefit Nominations: What happens to your superannuation after death?
If you have a valid will, you may assume that when you die your superannuation will automatically form part of the estate. However, this is not the case. Where you have not made a Binding Death Benefit Nomination, the superfund trustee has the power to decide who...
More Changes -Six member SMSFs
As we have come to expect, the federal Government has enacted further changes to self managed super funds. From 1 July 2021 self-managed super funds (SMSF) are able to have up to six members. Previously a maximum of four members were allowed. The majority of funds...
Insurers – Claims for Business Interruption and Coronavirus
We all hate to pay for the premiums, but insurance policies are a necessary element for managing business risk. We have taken a look at the regime regarding insurance and the effect on policies during Covid and found a surprising result. The unprecedented impact of...
Executors – Know Your Duties!
One of the most important pieces of advice that a person should receive if appointed to act as executor in a Will, is that the duties of an executor in administering a deceased estate are onerous. The duties of an executor are set out in the legislation, case law and...
Company Loans and Record keeping – Where can it go wrong?
For many business owners, tax time is fraught with complexity and additional time spent searching for documents to give to the accountant. But what if we have not prepared our records for the company in the movement of cash out of the company accounts? Will there be...
Duties of a trustee – what must they do?
Most people of heard of a Family Discretionary Trust or an Estate Trust known as a Testamentary Trust. But what of the obligations of the people appointed to manage the trust? Can there be risks of a claim if you fail to get it right? Indeed there are risks in failing...
Changes to Contracts – What will it cost you?
In the excitement of signing a contract for a new property, what happens if you later realise you need to make a change to the terms of the contract and it has already been signed? What will it cost you to make this change? Why Amend a Contract? Before a contract can...
Blockchain Technology and Commercial Contracts – A New Way Forward
Blockchain and Commercial Contracts Many of our clients are familiar with the blockchain platform for property settlements called PEXA. This was created by the banks to ensure a cheaper more efficient way of having the existing mortgagee release their mortgage...
Avoiding Estate Litigation – Why A Statutory Will Might Be Your Best Answer
About statutory wills To put it simply, a statutory will is a Will or Codicil made by the Court on behalf of a person that lacks testamentary capacity. The legal framework In April 2006, Queensland introduced a statutory framework for the manner in which the Court may...
Tax and Duties of Executors and Trustees – Are you liable for tax?
Executors and Trustees are personally liable for the tax assessable on a trust estate, so it is critical that they be absolutely sure the extent of that tax liability. But how can you be sure? What action can you take? What forms of application can you make, to ensure...
Consider your Insurance requirements before you enter into a Contract to Purchase
The Risk of a residential Property passes to a Purchaser one Business day after the contract date. When a purchaser enters into a contract to purchase a residential property in Queensland it is a standard term of the contract that the property is at the buyers Risk...
Changes to QLD’s Enduring Power of Attorneys and Advance Health Directives
On 30 November 2020 new forms for Enduring Powers of Attorney (“EPAs”) and Advance Health Directives (“AHDs”) were introduced by the Queensland Government. These new forms are mandatory and the previous forms can no longer be used EPAs are one of the most important...
Joint Tenants or Tenants in Common – How it will impact your ownership rights
If you are considering purchasing a property with another person, it is important that you understand how you will own that land. When more than one buyer is involved, you will have the option to elect to be either joint tenants or tenants in common. Though these...
Estates- Tax, Super and the other stuff
Managing a deceased estate is no easy feat for an Executor. If appointed to the task of collecting the deceased’s assets, like selling the main residence, shares, bank accounts, superannuation and other property, it can get complicated. There can be the additional...
What happens to your super when you pass away?
While this may seem like a morbid question for a Monday morning, dealing with your superannuation is an important part of estate planning. After all, your super funds may represent a sizeable portion of your asset pool when you pass away. However, unlike your other...
Discretionary trusts – What happens to the assets held on death?
Discretionary trusts are an incredibly valuable tool for structuring the affairs of your business, investments and family finances. These trusts allow the trustee to split the income of the trust assets between a family group. This has significant tax advantages as...
Maintain Value- Why we recommend Business Succession Agreements
Where a business is run by multiple owners, it is important to secure the ongoing viability of the business in the event that one of the owners passes away or suffers from a critical injury, disability or illness. A Business Succession Agreement is a useful tool to...
Advance Health Directive – Benefits to you and your family?
Life is full of surprises and not everything goes according to plan. The one thing we treasure is the freedom to make a choice about our life including our health care. As distinct from an Enduring power of Attorney, it is important to plan ahead for the possibility...
Perspective Law are delighted to announce some exciting news…
The promotion of two of our wonderful employees as follows: Elizabeth Ulrick to AssociateLauren Nolan to Senior Associate We would like to extend a special congratulations to these hardworking women for their new positions. We appreciate all their contributions to the...
What is an Enduring Power of Attorney and why is it necessary?
An Enduring Power of Attorney (‘EPA’) is a legal document that allows you to appoint one or more trusted individuals to make decisions about your financial and personal (including health) matters should you lose capacity to make these decisions on your own behalf. An...
What are the benefits of a discretionary testamentary trust, and who controls the assets?
A testamentary discretionary trust is used to manage family assets and businesses. It has significant tax advantages and asset protection benefits for beneficiaries, making it a popular option for testators who wish to provide financial security and peace of mind to...
What is Probate, why is it necessary to obtain, and what common issues arise?
One of the most important steps of the estate administration process is obtaining a grant of Probate. Probate is the seal of the Supreme Court of Queensland that officially recognises a Will as valid. It confirms that the formal requirements of the Will have been...
Key Points to Selling Your Business
What are the essential points to consider when thinking about selling your business if you’ve been approached? Consider the following major recommendations: It does not matter if you have one or a number of interested parties, these initial actions are critical in...
Sentimental, the law is not
Happy New Year everyone, we hope that you and your family had an enjoyable break. 2020 was an incredible year which turned our lives upside down and altered our expectations forever. The threat of Covid 19 caused enormous stress to families, particularly to the...
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