Legal Articles
last will and testament

Welcome to the July 2014 edition of the ABKJ newsletter. In this issue… “Do-It-Yourself” Will Kits Staff Announcements “Do-It-Yourself” Will Kits Members of the public are often presented with “Do-It-Yourself” Will kits from a variety of sources which are provided at little or no cost. The preparation of what is presumed to be a straightforward document for minimal expense, in comparison to the fee which would need to be paid to a lawyer to meet with you and prepare a traditional form of Will, can turn out to be a costly decision for your estate. The uncertainty of meaning, and… Continue Reading

commercial lease

An often overlooked issue when preparing a Will is the applicability of any taxes when the estate is distributed. While inheritance tax or death tax does not apply in Queensland, other federal and state taxes such as Capital Gains Tax and Transfer Duty (Stamp Duty) can affect your estate. When preparing your Will, It is important to discuss with your lawyer and financial planner the appropriate estate planning strategies that will minimise any applicable taxes related to your assets and the effect they may have on your beneficiaries. Capital Gains Tax Capital Gains Tax (CGT) in Australia essentially revolves around… Continue Reading

Wills & Estates

Members of the public are often presented with “Do-It-Yourself” Will kits from a variety of sources which are provided at little or no cost. The preparation of what is presumed to be a straightforward document for minimal expense, in comparison to the fee which would need to be paid to a lawyer to meet with you and prepare a traditional form of Will, can turn out to be a costly decision for your estate. The uncertainty of meaning, and the oversight and omissions which frequently plague such documents provides a fertile ground for estate litigation. Some common difficulties arising with… Continue Reading

contract

Welcome to the March 2014 edition of the ABKJ newsletter. In this issue… Joint Tenants vs Tenants in Common Proud supporters of The Pyjama Foundation’s “The Long Road” Charity Event Joint Tenants vs Tenants in Common When you purchase property with another person, your solicitor will ask you: Joint Tenants or Tenants in Common? The purpose of this article is to explain the difference between these terms and how your decision can affect you in the future, particularly from an estate planning perspective…read the full article. Proud supporters of The Pyjama Foundation’s “The Long Road” Charity Event The Pyjama Foundation… Continue Reading

What Is Meant By Probate?

Probate is derived from the word “prove”. It is a process whereby the Supreme Court becomes satisfied that the will of a person who has died is the correct last will of the deceased and issues a certificate to that effect called probate. Once the Court issues probate of a will, the probate can be produced to any interested party who will then deal with the executor named in the will knowing that they are dealing with the person who has authority to deal with the assets of a deceased person. An executor is not required to apply for probate… Continue Reading

Gold Coast Canal at Budds Beach

Welcome to the October 2013 edition of the ABKJ newsletter. In this issue… New Gold Coast law places obligations on waterfront property owners Circumstances Changed? – Consider your will Staff Announcements New Gold Coast law places obligations on waterfront property owners A new Gold Coast local law imposes obligations on the owners of waterfront properties, and has significant implications for both the sellers and purchasers in the event of a sale of such a property On 11 June 2013, Gold Coast City Council enacted a new local law which created new obligations for waterfront property owners. The purpose of the… Continue Reading

money

Welcome to the Winter 2013 edition of the ABKJ newsletter. In this issue… Firm Announcements Unclaimed money – Do you have any? ABKJ congratulates Mr Brian Cronin Firm Announcements ABKJ is pleased to announce two changes at the firm. Firstly, Anthony Kyle (known as Tony), has been promoted from Associate Solicitor to Partner of the firm. Tony is a Queensland Law Society Business Law Accredited Specialist who practises in the areas of commercial and business law, property law, body corporate law and succession law. Tony will join existing partners, Michael Kyle and David Brown. Secondly, the firm is pleased to… Continue Reading

power of attorney

Welcome to the Autumn 2013 edition of the ABKJ newsletter. In this issue… Should I have an Enduring Power of Attorney? What is an Advance Health Directive? Should I have an Enduring Power of Attorney? The answer is yes. In the unfortunate, and often unforseen, event of you losing the capacity to make health and/or financial decisions, an Enduring Power of Attorney will enable a person nominated and trusted by you to make those decisions on your behalf. If you were to lose capacity and not have an Enduring Power of Attorney in place, the Adult Guardian (formerly the Public… Continue Reading

contract

Welcome to the February 2013 edition of the ABKJ newsletter. In this issue… How carefully do you review your insurance policies? ABKJ Lawyers – Proud supporters of The Pyjama Foundation’s “The Long Road” Charity Event How carefully do you review your insurance policies? As tedious as it may be, it is vitally important to read and understand your insurance policies. Recent events have demonstrated the problems which can arise when a person believes that they have adequate insurance only to find after disaster has struck that they didn’t have the cover that they thought they had. Some issues to be… Continue Reading

Gold Coast Canal at Budds Beach

Welcome to the November 2011 edition of the ABKJ newsletter. In this issue… Reviewing the care of our most vulnerable citizens Navigating the new boating safety reforms Practical driving tested Property owners set to pay thousands more Legislating against cyber crime New Initiatives for the coming wet season Reviewing the care of our most vulnerable citizens The Australian Government recently asked the Productivity Commission to review the costs and benefits of replacing the current system of disability services. The Commission’s subsequent report recommended a new no-fault National Disability Insurance Scheme (NDIS) and a complementary National Injury Insurance Scheme (NIIS). Queensland… Continue Reading

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