Property & Estate Planning Lawyers

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BUY & SELL REAL ESTATE

Residential & Commercial

Your peace of mind is our priority

Whether you are an Owner selling a property, a first home Buyer, upgrading to a better…

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RETAIL & COMMERCIAL LEASING

Landlords & Tenants

Landlords & Tenants

Landlords and Tenants of retail shops and commercial premises need relevant and specific advice when…

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TRUSTS & ASSET PROTECTION

Controlling (without owning) Assets

The Family Discretionary Trust

Family Trusts are a well established and popular component of the…

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WILLS & ESTATE PLANNING

Be prepared for the unexpected!

Prepare & Plan

We all make plans for the future – goals we wish to achieve.  But the best plans can go sideways when…

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LATEST NEWS AND POSTS

December 2018

That’s it for 2018 (almost)

By | December 5th, 2018|

That's it for 2018

Christmas-New Year

Questions & Answers

Website Update: Land Tax

New Brisbane Address

Fine-tuning our information sharing

2019 should be interesting!

November 2018

SMS from Office of State Revenue

By | November 15th, 2018|

You may be aware that the Office of State Revenue is the Queensland Government tax collector. The OSR informed us last week that they are in the process of sending text messages to home buyers who received a transfer duty concession when they purchased their home.

When you buy a residential property to live in as your home, you pay a lower rate of transfer duty compared with what investors would have to pay for the same property. For first home buyers up to $500,000, no duty is payable.

It is expected that the OSR will be reminding home buyers of their obligations where their circumstances change within the relevant time period.

Where you were not entitled to the full concession, you may have to pay the higher amount of transfer duty to the OSR. In addition to the transfer duty, failing to notify the OSR of a relevant change of circumstances is an offence – where the maximum penalty is $12,615.

July 2018

Arguing about mental capacity

By | July 31st, 2018|

Earlier this year, a court judgement was delivered in yet another case where there was a dispute between 2 people as to which Will of a deceased person (there were two) was their true Last Will and Testament.

The court proceedings were commenced by the deceased person's niece.  The niece was initially successful - judgement was given in her favour.

However, that judgement was not the end of the matter!  The beneficiary who lost "her" inheritance appealed the decision.  Her appeal was successful!

It's a sobering reminder that whilst the evidence and the law may be on your side - the journey may be longer and considerably more expensive than anticipated.

As usual, this article focuses on preventing problems from occurring - rather than expensive solutions.

Drinking from a fire hydrant!

By | July 26th, 2018|

Trying to get useful information from the internet is about as easy as getting a glass of water from a fire hydrant!  If you haven't heard that expression before, you have now.  I heard that at a law conference last year.

I also heard a discussion on the radio about the ever-increasing need for professional advice due to the avalanche of information which people will be unable to properly decipher and use.

Why write about this?

I've just read an article published by a reputable national company involved with the real estate industry - not a real estate agency.

The topic was transfer duty (or stamp duty) - and it contained significant factual errors.

It's a concern because when information is shared by a well-known brand in the industry, it's likely that most of their readers will rely upon it and develop their plans based on the information.

Many smaller organisations may re-publish or share the information with their own readers - further adding to the spread of mis-information.

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