NAVIGATING THE HOME-BUYING JOURNEY: A COMPREHENSIVE GUIDE TO CONVEYANCING WITH AYLWARD GAME SOLICITORS IN BRISBANE, AUSTRALIABuying a home is a monumental step, marked by excitement and anticipation. However, the complexities of property transactions, especially in the legal domain, can be daunting. At Aylward Game Solicitors in Brisbane, Australia, we bring years of experience to guide buyers through the intricate process of conveyancing. In this comprehensive guide, we aim to demystify conveyancing for buyers, shedding light on its significance and intricacies. Understanding Conveyancing: The EssenceConveyancing is the legal process of transferring property ownership from one party to another. This involves a series of steps, documents, and legal obligations meticulously followed to ensure a smooth and legally binding transaction. It plays a pivotal role in safeguarding the interests of both buyers and sellers, ensuring the legitimate transfer of property. Why Conveyancing is Crucial for Buyers
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WILL
A will is a legal document that sets out how your property will be distributed upon death. If you die without a valid will in place your property will be distributed in accordance with the relevant succession law in each state. This can create uncertainty and lead to family provision claims being brought by potential beneficiaries. Why do you need a Will? If you die without a Will the law says you have died “intestate”, which means that you have left no valid instructions as to how your property will be distributed. Your estate will then be divided up according to a formula in the legislation. Why do you need an up-to-date Estate plan or Will? An up-to-date Estate Plan or Will allows you to:- ■ Decide how your assets will be distributed after your death; ■ Choose who you want to manage the distribution of your estate; ■ Provide for your family as you wish; ■ Possibly save money on tax; ■ Ensure your Superannuation and life insurance is dealt with as you wish; and ■ Ensure any trusts or companies are properly managed. When should you review your Estate Plan and update your Will? Your Estate Plan and/or Will should be reviewed every 2 (two) years at least or upon any of the following circumstances changing:- ■ You divorce or marry; ■ You have children; ■ You or someone named in your will change their name; ■ Your Executor or a Beneficiary dies; ■ You sell or buy a property or create a company or trust that you have dealt with or need to deal with in your Will; ■ You enter or cease a de facto relationship; or ■ Your wishes change. Do you have a “Blended” family? If you or your partner has children from a previous relationship then we recommend you seek our advice in relation to your Estate Plan and Will. Wills for blended families can be more complex as the testator usually wants to provide for both their children and their current spouse, which can require particularly careful planning. Wills And Estate Planning What will Aylward Game Solicitors do for you? We will take care of the process for you, including:- ■ A comprehensive review of your personal circumstances; ■ Detailed advice to ensure your loved ones are provided for in your Will; ■ Your Will is properly drafted, signed, and witnessed; ■ Your estate planning goals are clearly addressed; ■ The potential for your Will to be challenged after your death is minimised; ■ You receive accurate advice on capital gain tax issues from us, as well as appropriate accountants or financial planners; ■ Your original Will is kept in a safe place; and ■ Your superannuation funds, life insurance, companies, and trusts are property dealt with. Costs The cost involved in an estate plan review and the preparation of a Will depends on individual circumstances and how complex the Will needs to be in order to effectively deal with your individual circumstances. The Will is only one element of a broader process. We do however offer very reasonable fees for an estate plan review and Will preparation. When you consider the peace of mind you will have in knowing everything is in order in the event of your death; the cost of drafting your Will is not an expensive outlay. An Estate Plan and a Will are some of the most important documents you will make in your lifetime and without professional advice, you could unintentionally leave your family with very complicated, difficult, and expensive issues to resolve. POWER OF ATTORNEYA Power of Attorney is a legal document that authorizes another person to conduct financial affairs on your behalf, for example, buying or selling land. If you appointed your spouse to act as your attorney for financial matters it is important to consider reviewing your Power of Attorney if one of the following circumstances is applicable to you: ■ If you have separated from your partner ■ If you are considering separating from your partner ■ If you and your partner obtain a divorce ENDURING POWER OF ATTORNEY An Enduring Power of Attorney is a legal document that authorises another person to make financial and health decisions on your behalf. Your attorney will be able to continue making financial and health decisions in the event that you lose the capacity to make those decisions on your own behalf. If you appointed your spouse to act as your attorney it is important to consider reviewing your Enduring Power of Attorney if one of the following circumstances is applicable to you: ■ If you have separated from your partner ■ If you are considering separating from your partner BRISBANE ESTATES ADMINISTRATION When you are faced with the work of administering an estate as the executor, you may keep away stress, avoid complications and the time it will take by hiring Aylward Game who can take care of the process on your behalf. You remain in control, but Aylward Game will handle all the difficult matters for you. If there is no will we are able to advise and assist you in relation to the intestacy rules and if necessary we can prepare and submit the application to the Supreme Court of Queensland for the grant of letters of administration. We will prepare the application to the Supreme Court of Queensland for the grant of probate when one is needed and help you concerning intestacy rules if and when needed. We may prepare plus submit your application to the Supreme Court of Queensland for grant of letters of administration. ADVANCED HEALTH DIRECTIVE An Advanced Health Directive is a document that states your wishes or directions regarding your future health care for various medical conditions. It comes into effect only if you are unable to make your own decisions. You can make an Advanced Health Directive if you are over the age of 18 and have the capacity to do so. You can make an Advanced Health Directive at any time, however, it may be particularly important to consider one if: ■ You are about to be admitted to hospital; ■ Your medical condition is likely to affect your ability to make decisions; ■ You have a chronic medical condition that could result in serious complications, for example, kidney or heart disease. It is important to discuss this with your doctor, as part of the Advance Health Directive Form must be completed by a doctor. It is also important to discuss your wishes with your family. You can change or revoke your Advance Health Directive at any time, provided you still have the decision-making capacity to do so. It is recommended that you review your directive every two years, or if your health changes significantly. Article Source: Wills And Estate Planning The Australian Consumer Law (ACL) offers protections to consumers against sales practices that are illegal for businesses to engage in when dealing with their customers. Here, we cite a few instances of unfair treatment:
What are unfair contract terms?The fairness of any contract terms must be viewed objectively. It is said a contract can be seen as unfair if it falls within one of the following categories. Note that the list is not exhaustive, meaning it is not confined to the following only:
Accepting payment without intending to supply the goods or serviceThe law prohibits businesses from accepting payment without having any intention to supply the goods or service. The law also prohibits businesses to supply goods or service that are materially different than those requested by the consumer. Apart from the availability and suitability of the goods or service, the law further prohibits businesses to undertake a timeframe to deliver the goods or service while they know or should have known that the delivery is not possible with the promised timeframe. Pyramid schemesUnder the ACL, it is illegal to participate in any pyramid schemes preferred by a business. Historically, the pyramid schemes work by asking new participants in the scheme to make payment, known as participant payment, in order to join the scheme. The new members then are promised payments for recruiting other new participants. For advice or assistance with all consumer rights matters contact the Consumer Law Team at Aylward Game Solicitors today on 1800 217 217 Article Source: Unfair Treatment In our last update, we looked at some suggestions on how to survive if your family has already suffered a breakdown. For many people whose family is under pressure the Christmas period can be especially challenging, and it is often the case that in January and February our family law team sees an increase in enquiries from people who decided over Christmas tips that it would be better for them if they went their separate ways. Here we look at some suggestions on how to manage if things are not going well.
Family breakdown is hard at any time of year but at Christmas, it’s even tougher. You might get some support from family and friends, but for specialist family law advice, there is no substitute for an experienced family lawyer with the insight to help you navigate your unique situation. Call the family law team at Aylward Game Solicitors on 1800 217 217 for an obligation-free appointment to see where things stand for you. Article Source: Christmas Tips |