Seek legal advice before signing your contract. You are now ready to take that final step – you have found a property you wish to purchase, whether as an investment or to be your first or subsequent home (principal place of residence). Contracts are generally prepared by real estate agents on behalf of the seller.   You have most probably negotiated on the price and the agent is asking you to sign the contract so that they can put the offer to the seller for acceptance. The residential REIQ /ADL contract contains a warning stating that you have the right to legal advice before y ..read more

Approximately three out of every five households in Australia include a pet and there are more pets in Australia than humans. Studies also regularly show that pet ownership can bring reduced stress, lower blood pressure, increased social interaction and increased physical activity, all of which carry significant benefits for physical and mental health. Apparently billions of government dollars are saved as a result. It’s also widely accepted that pets remind us of the simple pleasures in life. However regardless of all of those positive things, it’s not always a simple thing to bring a pet wit ..read more

The rate of relationship change in later life is high. The change is sometimes voluntary, sometimes not. Spouses become incapable, can be separated by illness, die, separate, divorce, re-partner, and remarry. Independent and objective professional advice is crucial during this often emotional and burdensome time of transition. This independence and objectivity will help you filter through the well-meaning but often misguided advice of family and friends – the bush, pub and BBQ lawyers. And it’s a time when it should be all about you. It’s a time when it’s crucial to properly assess and underst ..read more

Acting as an Executor, while an honour, can at times be an onerous task.  Often it is not until a beloved family member or friend passes away and the estate administration work begins, that the enormity of the task is recognised. At MMLaw we assist Executors at every stage of the administration process to make the task as simple as possible, while ensuring that Executors fulfill their obligations and their exposure to personal liability is minimized as far as possible. A general overview of the role and duties of an Executor is set out below. The Role of an Executor An Executor is re ..read more

You haven’t reviewed your Enduring Power of Attorney in years and your super and life insurance policies death benefit nominations may have lapsed or are about to lapse. Have you worked out how to get out of here alive or just found the secret to Eternal Life? A freak accident happens and you become incapacitated as a result or you suffer from a severe stroke and you take months to regain consciousness and may eventually die. What happens in the interim to your financial and personal affairs when you are unable to attend to them yourself? Our brains struggle to think about such misfortunes and ..read more

Selling your Business:  What about your Lease? So you are thinking about selling your Business. There are quite a number of things you need to consider before you list it for sale. One of those things is the location from where you run your treasured business. Most businesses are run from leased premises. This means that you have a landlord and that landlord will need to agree with you selling your business. Yes, I do realise it is your business, and you may sell to whomever you like (in theory….) but the person who buys your business will be your landlord’s new tenant. This means your la ..read more

Losing a loved one is a very difficult time.  The sadness and stress of your loss can often leave family members feeling overwhelmed when trying to deal with their loved one’s Estate. Asset holders such as banks, share registries and nursing homes each have their own requirements which must be satisfied before they will release the assets of a deceased person, with many asset holders requiring a certified copy of Letters of Administration or a Grant of Probate.  So, what does that all mean? Grant of Probate  Probate is a grant issued by the Supreme Court of Queensland and p ..read more

Benjamin Franklin was pretty spot on when he famously stated that “in this world nothing can be said to be certain, except death and taxes.”  Changes to the ATO’s online tax portal now makes identifying and paying a deceased person tax liability more difficult than ever. An Executor has a duty to ensure that all liabilities of a deceased person are paid, including any tax liability.  Extensive enquiries into the affairs of a deceased taxpayer are sometimes required and where a taxpayer or their Estate earned an income in excess of the threshold figure above which income tax is payabl ..read more

Change has been one of the few pandemic benefits. Government imposed restrictions have brought a greater reliance on technology and with this a fresh view on how you can make your Will. Your Will instructions can be given electronically and a draft sent to you for review at home.  No more taking time off work for inconvenient appointments at your Lawyer’s office. The Courts have even introduced regulations to streamline the making of a valid Will when circumstances do not permit the Willmaker and the witnesses to all be present. In short, it has become more convenient and less time consu ..read more