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Jim2026-09-01 06:05:322026-09-01 06:08:06Why should I have an Enduring Power of Attorney?
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Jim
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Jim2026-09-01 06:05:322026-09-01 06:08:06Why should I have an Enduring Power of Attorney?
Are Wills just for people who are wealthy?
It's a common misconception that Wills are only for people with significant wealth. In reality, almost everyone has assets—even if they don't own a house or have a large investment portfolio.
Your assets can include your bank…

Buying or Selling your home?
Strict requirements apply when completing a Verification of Identity check so that the Transfer forms can be signed for settlement.
Make sure you have current documents to complete your identity check.
The simplest way to verify your identity…

Just signed a House Contract…
Make sure you contact your insurer or an insurance broker to obtain adequate insurance over the property you are intending to purchase. Even though you do not yet legally own the property, under the standard terms of an REIQ Contract, it is…

What is the difference between spousal maintenance and child support?
Child support is different from spousal maintenance, because it is paid to cover the costs of raising a child rather than the personal expenses of a spouse. This is usually decided through Services Australia (Child Support), via an…

What is Transfer Duty and which concessions are available for Home Buyers and First Home Buyers? – September 2024
Who Pays Transfer Duty?
The buyer or transferee is usually responsible for the assessment and payment of transfer duty. You’ll need to pay any liability within 30 days of the unconditional date of the Contract or the settlement date, depending…

Should I write my own Will?
Another situation we have seen is where a person’s Will doesn’t have clear terms, or doesn’t effectively give away all of their property. This generally means a court application is needed, seeking an order from a Judge interpreting what…

Guarantor – Independent Legal Advice
At Mott & Associates, Solicitors we understand the complexities and potential risks involved in acting as a guarantor. To ensure that you are fully informed and protected, we offer a comprehensive service to review and provide independent…

How do I make sure the property I am purchasing does not have issues? – August 2024
Even though a typical REIQ Contract has standard terms about building & pest inspections, not always will the report allow a buyer to terminate a contract under those standard terms. When the issues in a report fall between the cracks (no…

When should I make a will?
Marriage or divorce. Even if you have a Will, did you know that in most cases your Will can be fully or partially revoked after these events? Unless your Will has been specifically drafted with these events in mind, it is possible that you…

Family Law Act changes
Amended definition of ‘best interests of the child’
The role of the Federal Circuit and Family Court of Australia, when making parenting orders, according to the legislation, has always been to consider the ‘best interests of the child’…

Domestic Violence laws – updates and changes
The key changes to legislation are as follow:
Changes in addressing behaviour known as “coercive control”. Coercive control refers to a pattern of behaviour that seeks to take away the victim's liberty or freedom and to strip away their…

Will Updates – case law
Because the testator had not complied with the strict requirements for ‘due execution’ of a Will, the Court’s Registrar was not able to grant Letters of Administration to the applicant. The Application had to go before a Justice of the…

Drug possession
Who is the ‘occupier’?
This is a tricky question to answer. Someone who owns or leases a house where drugs are found is likely to be found to be the occupier. This is because that person has a legal right to exclude other people from…

What is the difference between a divorce and a property settlement?
In Australia, ‘divorce’ means the legal process for bringing the marriage between a couple to an end, not the process of dividing up the property of the relationship nor addressing parenting arrangements. When you have first separated from…

Delays in release of superannuation in estates
Unfortunately, as discussed in this ABC article, there can be significant delays or unnecessary requirements in releasing superannuation to estates. We have come across scenarios where a 96 year old was required to detail her sleeping arrangements…

Verification of Identity Requirements for Property Transfers in Queensland
If you are signing a Queensland Land Registry document as an individual, your lawyer will ask you to produce evidence that verifies your identity before or at the time the document is executed. Your original current driver's licence PLUS a…

Employment Law Modern Award
Who is covered by an Award?
All employees who fall within the definition of “national system employee” are covered by an Award. This will depend on the State or Territory which the business is located in, but in most cases (with some…

Do I Need a Will?
Dying Intestate
If you die without a valid will, it is known as dying intestate. The implications of dying without a Will is that your estate may not be distributed to beneficiaries as you may wish. Intestacy is dealt with through Part…

Time to update your will?
Have you been procrastinating about updating your Will or perhaps you don’t have one and keep putting it off for a “better time”? There is no better time than now. Nobody knows what the future holds. You want to be in control of who receives…

What should you bring to your appointment when acting as an Executor for an Estate?
It is important to ensure that you bring as much information as possible with you at your initial appointment. This will give your lawyer a clear understanding of what is involved in administering the estate and will assist in enabling us to…

What should an Executor consider before selling a deceased’s property?
You have been appointed an Executor under the terms of a deceased’s Will. The deceased owns a property in Queensland and you are at liberty to sell the property pursuant to the terms of the Will.
Although it may seem as simple as preparing…

Risks of Electronic Signatures on Contracts
Conveyancing is slowly moving into the realm of a paperless system. Whilst electronic settlements are still not mandatory in Queensland, signing contracts electronically has gained popularity in recent months. An electronically signed contract…

Beware of Potential Pitfalls at Auction
There is an increasing number of property’s been sold under the hammer in South East Queensland, with a growing auction market. Before you start bidding there are a few essential differences to be aware of between purchasing a property by…

5 Things to Consider when Purchasing a Residential Property
If you are in the market to purchase a residential property, either as a first home buyer, or experienced within the property market, it is important to have a clear understanding of the process of the transaction, from putting an offer in writing…
