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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…
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…
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…
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 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…
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…
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…
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…
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…
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…
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 challenge….
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…