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

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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

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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

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.

June 2018

Selling property to foreign buyers?

By | June 28th, 2018|

From 1 July 2018, you will find it more difficult to sell your house, land or apartment to foreign buyers.  Foreign people buying residential real estate in Queensland now pay even more duty to the Office of State Revenue (OSR) for the Queensland Government.

We have previously written about Additional Foreign Acquirer Duty (AFAD) - the additional duty paid by foreign persons when buying residential real estate.  Similar laws exists throughout Australia.

AFAD commenced on 1 October 2016, when an additional 3% of the purchase price was added to the amount of duty payable by foreign buyers.

From 1 July 2018, AFAD increases to 7%.

AFAD is an additional amount, as the foreign buyer is also required to pay the standard transfer duty which is payable by Australian citizens and permanent residents.

The Office of State Revenue has provided guidance as to how New Zealand citizens buying property will be treated in relation to AFAD.

Costs of moving up the property ladder

By | June 21st, 2018|

It is common for homeowners to want to upgrade their home.

If you have been paying down your mortgage debt for several years and the value of your home has increased, you may want to buy a more expensive property in a better location.

If your family has increased with the addition of children, not only do you want to upgrade, but you need to upgrade to a larger home.

As some government charges for property purchases increase every financial year, this is a good time to look at the costs of selling and buying - from 1st of July 2018.

We will provide an update on the additional costs payable by foreign persons in a separate article.

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