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Can estrangement impact my estate claim?

Siblings on tyre swing

Fractured relationships are often the main reason a person will have been left out of a will. A spouse, child or dependant in this situation can bring an application against the estate seeking further provision.  The law relating to claims on the estate is quite technical.  It is not a question of what is fair or equalising a distribution between siblings.  Where there have been long periods of estrangement there are further assessments which need to be made.   What does the law say? In Queensland Section 41 of the Succession Act 1981 sets out the law which relates to applications for further...

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What is disentitling conduct?  How will it impact my estate claim?

Woman signing a document

In Queensland Section 41 of the Succession Act 1981 sets out the law which relates to applications for further provision.  In summary Section 41 says: If a person dies with or without a will and has not made adequate provision for the proper maintenance and support for their spouse, child or dependant, the Court may order such provision as the Court thinks fit. Importantly the court may refuse to make an order if the Court thinks that the Applicant’s character or conduct disentitles them from an order or where to refuse to make an order would be reasonable. *   Why is it important...

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Disputing a Will: Making a claim for further provision

Signing Document

If you have been left a smaller portion of an estate under a will or been left out altogether you may be wondering how to make a claim on the estate.  It is important to know at the outset that disputing a will is not about equalising distributions amongst siblings or a consideration of what is fair.  There are strict legal principles that are considered and each case is different. Meet Kathy is 50 years of age.  Kathy is single.  She has 3 children, all adults now, one has disabilities.  Kathy has some intellectual delays.  Kathy manages her own cleaning business...

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What are the Conveyancing Fees for Buying and Selling a Residential Property?

Buying or selling a residential property can be a stressful experience. For many of us, buying a residential property is the most expensive financial transaction we will ever make, and selling a home can also cause emotions to run high as we consider the memories we made while we lived there. Due to this, for the transaction is vital. Here, we’ll cover the fees charged by conveyancers and whether you’ll need to pay Transfer Duty on the transaction. Getting Quotes for Conveyancing The conveyancing market is an incredibly popular one, with thousands of property transactions taking place across Queensland every day....

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What are the Hidden Costs of Buying Property?

Buying your first property is one of the most exciting moments of your life. However, before you make the decision to buy your first home, there are a number of other costs that you should be aware of. By being aware of these costs, you’ll be able to budget for your move and ensure there are no hidden surprises along the way. In this article, we’ve listed out some of these costs, so you can arrange your budget. Property Inspections You’ll want to arrange for inspections before you begin negotiations on the property. This way, you’ll know the state that the...

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The Benefits of PEXA Accreditation in Property Law

Property law governs the legalities of real estate and other property ownership. It covers a variety of areas including purchasing or selling property, rentals and tenancies and more. Having a legal team represent you who specialise in property law is essential. Having a PEXA accredited lawyer or conveyancer gives you specific advantages when making property transactions. What is PEXA? PEXA is an e-conveyancing platform with a large network of Lawyers, Conveyancers and Financial Institutions. The network allows the transaction of property to happen quickly, securely and efficiently. It carries many benefits for both the property seller and purchaser. e-Conveyancing e-Conveyancing is the process of...

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What is the Conveyancing Process When Buying a House?

Purchasing property is an exciting investment into your future. It is a big decision and comes with a repertoire of legal processes to protect you as the purchaser, as well as the seller. You may have heard the term conveyancing used in the process of property transactions. But what is a conveyancer and how does it relate to buying a home? What is the conveyancing process? Keep reading as we break down the legal process of purchasing a house. What is Conveyancing? Before we go into the process, we need to understand what conveyancing actually is. Put simply, conveyancing is the area...

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Can we still negotiate our property settlement during the Covid-19 pandemic?

COVID-19 - Family Law Can we still negotiate our property settlement during the COVID-19 pandemic? The directives from the Prime Minister and Queensland Health are pretty clear – do not leave your home unless you have to, practise social distancing and self-isolation.  However, self-isolation does not mean that everything on hold for several months, in fact, there might be good reasons to use this time to sort out what you can. The Courts are still operating and lawyers are still working. You can still instruct a lawyer to help you through negotiations and document any agreement you reach.  These documents can be...

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How do I file my family court documents during COVID-19?

COVID-19 - Family Law How do I file my family court documents during COVID-19? Dealing with your family law matter is stressful on any given day.  Add in requirements for social distancing and social isolation and it can be more stressful.  Not only are you potentially dealing children at home and chaos in the supermarkets - you now need to work out how to see your lawyer and sign your affidavit or consent orders. The Family Court of Australia and the Federal Circuit Court of Australia have issued a direction about how documents can be managed during the COVID-19 pandemic.  This includes your...

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Coronavirus (COVID-19) tips for your conveyancing matter

Covid-19 - conveyancing and property transactions Coronavirus (Covid-19) tips for your conveyancing matter If you are signing a new contract or already have a contract for the sale or purchase of property in Queensland it is important to think about how the Covid-19 restrictions may impact your transaction.  We have put together our most frequently asked questions to assist you. With social distancing and social isolation do I have to meet with my conveyancing solicitor in person? There are certain in person requirements necessary for all conveyancing matters.  The transfer of property is an area which can be subject to fraudulent transactions.  For this...

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