Australia currently has no specific ‘death duty’ or ‘death tax’. Death duties were abolished in Queensland in 1979 and all other states followed suit not long afterwards. However, there are still other ways in which tax can impact on a deceased estate. The most obvious issue is that it is an Executor’s duty to ensure…
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Your Rights Against Trespassers
In light of recent events across Australia by activist groups, land owners must be aware of their rights against trespassers. A failure to properly understand these rights could see a land owner falling afoul of the law themselves. As a starting point, you should make it clear that your property is private. This generally isn’t…
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The Certificate of Title is about to become extinct
A ‘Certificate of Title’ has traditionally been used to prove ownership to a property. The Titles Office has just announced that from 1 October 2019, Certificates of Title will be abolished. Why? The simple answer is that the Titles Registry in Queensland is computerised (and has been since 1994). All dealings are submitted to the…
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Can you literally marry someone at first sight?
No doubt you have heard of the television show Married at First Sight. If you’re not familiar with the show, a panel of “relationship experts” pair up strangers, who meet each other for the first time at the altar. As the title to the show suggests, the strangers then “marry” each other. Despite the title…
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Relocation issues in family law matters
An issue that can arise after separation or divorce is relocation – i.e. whether a parent can move with the children of that relationship to a new area. The Family Law Act 1975 establishes the criteria in which any move will be assessed against. The ultimate aim of the Act is to ensure the best…
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I’m young and healthy – do I need an Enduring Power of Attorney?
A comment we often hear is that you shouldn’t worry about preparing an Enduring Power of Attorney until you’re elderly or your health deteriorates. Myth or reality? For background, a person making the document (called “the Principal”) appoints one or more people (called “the Attorneys”) to make decisions on their behalf regarding personal, health and…
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