lwa-solicitors

Why do you need a conveyancer?

info@webzulu.com.au (Mark Reisinger) — Wed, 16 Feb 2022 10:10:45 GMT

If you are buying or selling a property in Queensland, it is highly recommended you engage the services of a Conveyancer. But why do you need one and what do they do? An experienced conveyancer will make the whole process as smooth as possible for you to ensure that the legal transfer of ownership is completed (correctly!) in a timely manner. The right conveyancer will save you headaches, money, and heaps of time.

Save you headaches

Odds are, you aren’t experienced with the law and let’s face it, legal speak can be difficult to understand. This is one reason you need a conveyancer. When it comes to buying or selling a property, your conveyancer is engaged to act on your behalf and in your best interests, to make sure all the legal requirements are met to transfer ownership of the property. At LWA Solicitors, our team will ensure that you are aware of your legal rights and responsibilities throughout the whole process. This can avoid a myriad of legal headaches and streamline the transaction process for you.

Save you money

When you are buying or selling property, the real estate agent is usually the one who draws up the contract. In Queensland, standardised REIQ contracts that are commonly used. It is important to note that the real estate agent acts for the seller, so they are working in the seller’s best interests not the buyers.

Whether you are buying or selling, it is advantageous to get an experienced conveyancer to read over the contract prior to signing. At LWA Solicitors, we will peruse the contract for you prior to signing at no additional cost*. This way, you can be sure there are no nasty clauses, terms or special conditions hidden in the fine print that could potentially cost you money down the track.

Additionally, you may require additional terms or special conditions that are more favourable, to be inserted into the contract.

Transferring ownership is a legal process and there are government registration fees involved. All documentation must be completed correctly and lodged accordingly, if there are any errors or omissions the paperwork will need to be amended and re-lodged with the Land Titles Office. Mistakes can be very costly in this regard; hence an experienced conveyancer can save you money.

Make sure you become the legal owner

The next reason you need a conveyancer is to make sure you become the legal owner of the property you just paid for! Your conveyancer will ensure you the legal owner of the property upon settlement and that all the relevant organisations are notified of the change (i.e., government departments, local councils, body corporates, rental agents, are notified of the change of ownership.

Save you time

Your conveyancer will check for any easements, caveats, or covenants over the property. Why is this important? Let’s say you wanted to build a shed on your property. You do the right thing and apply for a permit from the council only to find out that you aren’t allowed to build that shed because there is an easement that prevents you from building over pipes that the council may need access to. In the meantime, you’ve wasted hours of planning and filling out forms that could have been avoided, had you known about the easement in advance.

Working with an experienced conveyancer at the time of purchase will ensure you are aware of these things before you sign on the dotted line and can avoid wasted time in the future. In addition, your conveyancer deals with many property purchases each week and knows exactly what to look for and where to look so it takes them a lot less time than it might take you to do all the appropriate searches.

Conclusion

Unless you are experienced with the transfer of property in Queensland and are willing to spend hours liaising with government departments, solicitors, councils, financial institutions, etc., you will probably require the services of a conveyancer.

Book your FREE Conveyancing Call now to discuss your needs.

*Straight-forward residential Purchase/Sale contracts only

Power of Attorney - what is it and who needs one?

info@webzulu.com.au (Mark Reisinger) — Wed, 16 Feb 2022 10:08:07 GMT

Power of Attorney – it’s one of those phrases you’ve heard thrown around on TV and into the occasional conversation, but have you ever actually taken the time to understand what it is and think about whether you might need one?

What is a Power of Attorney?

The Queensland Government says, “A power of attorney allows you to appoint someone you trust to make decisions for you during your lifetime”. That person is known as your attorney (separate from your lawyer who is your solicitor). Also, that person once empowered must make decisions that are in your best interest.

Basically put, it’s a legal document outlining your wishes to appoint someone else to make decisions for you while you are still alive.

In short, it is a living Will.

There are two types of Power of Attorney in Australia – General or Enduring.

What is a General Power of Attorney?

A General Power of Attorney grants to an attorney the power to make decisions for you for a specific period or event. For example, you are going overseas and need someone to sign documents for you.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney allows your attorney the ability to make decisions regarding financial matters and/or personal matters including health. Also, you can choose when these powers begin, either:

• Immediately

• When you lose capacity to make the decisions yourself

• Specific dates or events

• In specific circumstances

For example, if you do FIFO (fly in, fly out) work and want to make sure should something unfortunately happen to you while away, someone can make decisions that are in your best interests.

Also, you can nominate to have someone notified when the powers begin, as well as when they are used or actioned. This notification should be to a third party to make sure the decisions being made are indeed in your best interests.

Who can have a Power of Attorney?

Anyone who is over 18 years of age and can understand the nature of the document is able to appoint an attorney.

Why should I have a Power of Attorney?

There are several reasons that someone may want a Power of Attorney in place. In a lot of cases, it may be a sort of insurance in case something unexpected were to happen to you, that rendered you incapable of making your own decisions.

Some examples of situations that you might like to have one in place for are:

• Buying or selling a house

• Managing investments

• Paying Bills

• You are unable to make decisions for yourself due to injury or illness

• You have limited physical mobility

• You are at an age where you believe it best that someone else makes your decisions

What happens if I don’t have a Power of Attorney?

If you don’t have an Enduring Power of Attorney and you lose the capacity to make decisions for yourself, firstly the Public Trustee of Queensland will be appointed your financial attorney and the Office of the Public Guardian (Qld) will be appointed your health attorney.

Someone you know may apply to the Queensland Civil and Administrative Tribunal (QCAT) to become responsible for your decisions, but this process has no guarantee of success and can be costly.

Who should I choose as my Attorney?

The role of an Attorney is a very important one as they will be responsible for making decisions on your behalf. It’s vital that you choose someone you can fully trust to look after your interests.

Some options for who you might like to consider include:

• Family Member

• Close Personal Friend

• Last resort, a professional you trust such as an accountant or lawyer

If you cannot think of anyone to appoint as attorney, you may choose the Office of Public Guardian (Qld) or the Public Trustee of Queenslan d to perform the role however, it’s important to note that they do charge for this service.

Can I have more than one Attorney?

You can appoint as many Attorneys as you like. It can often be a good idea to have more than one in case your Attorney declines the role or is unavailable when a decision needs to be made.

If you choose to appoint more than one Attorney, you will need to decide how you would like them to use their power:

• Jointly - they all must agree unanimously on a decision (maximum of 4 Attorneys allowed for this)

• Severally – any one of them can make the decision

• By Majority – More than half of your Attorneys must agree on a decision (Minimum of 2 Attorneys required)

• Successively in the order named is a first in line clause, i.e. A and B are your attorneys successively, so A is first, then if something happens to A, B becomes your attorney.

Conclusion

By now, you should have a much better idea of what a Power of Attorney is and why it’s a great idea for anyone over 18 years of age to have one in place.

If you are ready to talk about creating your own Power of Attorney, book your FREE Wills and Estates Call now for an obligation-free chat .

How to Choose an Executor

info@webzulu.com.au (Mark Reisinger) — Wed, 16 Feb 2022 10:02:37 GMT

One of the most important parts of creating a will is to choose an executor. This is a decision that shouldn’t be made lightly so here’s some tips on how to choose the right person to be the executor of your will.

What is an executor?

Before you choose an executor, it’s important to understand what an executor is.

The Queensland Government defines an executor as “the person responsible for administering an estate as wished by the person who passed away, through their will and the Succession Act 1981.”

What is the role of an executor?

When you choose an executor, you may want to consider what the role entails first. Each situation is unique, but the role may entail some or all of the following:

• Organising the funeral

• Obtaining probate from the supreme court if required

• Finding and notifying beneficiaries (those named in the will to receive something from the estate)

• Locate, value and protect the assets of the deceased

• Confirm insurance of the assets

• Determine and clear debts and liabilities

• Prepare tax returns and get income tax clearance

• Transfer or sale of assets

• Prepare financial statements

• Distribute the estate

• Defend the will against any legal challenges or contest

As you can see, there may be a bit of work involved so you need to choose an executor who will fulfil their duty and ensure that your wishes are upheld.

What if the executor I choose doesn’t want the responsibility?

An executor is able to renounce their duty formally and appoint a state trustee to act in their place which is not an ideal situation as that person is likely to be a complete stranger to you. For this reason, it’s important that you have a conversation with the person you choose to be your executor to ensure they are willing to take on the responsibility.

It’s important to note that if an executor takes any action at all, that is considered acceptance of their role and it becomes difficult for them to renounce their duty.

How many executors can I have?

You can nominate as many executors as you like for your will, however, the Supreme Court will only grant probate to a maximum of 4 people at one time. These 4 people will be the first ones listed in the will.

It can be a good idea to have more than one executor to share the duties and/or in case one is unable or unwilling to fulfill their duty.

It’s also worth keeping in mind that the more executors you have, the more difficult it may be for them to agree when it comes to making decisions.

What if I don’t know anyone that would be a suitable executor?

If you cannot find a friend or family member suitable for the role of executor, there are professionals who offer executor services. These services will incur fees which can be written into your will to ensure they are paid accordingly from the estate.

Does an executor get paid?

It is reasonable for an executor to be reimbursed for any expenses incurred while fulfilling their duty in the role. It is also possible for you to include a gift to the executor from the estate in your will or your beneficiaries may choose to reward the executor after the estate has been divided.

As mentioned above, if you choose a professional to be your executor, their fees will be paid out of the estate.

What qualities should an executor have?

When you choose an executor, you may like to consider someone who has the following qualities to ensure that they are up to the role:

• Responsible

• Financially stable

• Organised

• Younger than you

• Drama-free

• Honest

• No criminal history

• Patient

• Emotionally grounded

• Strong-willed

• Good with paperwork

All of these qualities are things that may assist them in the role of executor and will give you peace of mind that you’ve chosen the right executor for your will.

Conclusion

As you can see, there are a few things to consider in order to choose the right person for the role and just how important it is to choose wisely.

Now you know why and how to choose an executor, you may be ready to start preparing your will.

Book your FREE Wills and Estates Call now.

7 Reasons why you should have a Will

info@webzulu.com.au (Mark Reisinger) — Wed, 16 Feb 2022 10:00:11 GMT

We know, it’s boring adult stuff that you’d rather not have to think about but having a will can save a lot of long-term trouble for your family when you pass away. You may be wondering why you even need to have a will in the first place. That’s why we’ve compiled 7 reasons why you should have a will.

1. If you DO NOT have a VALID and LEGAL will, the LAW gets to decide what happens with your assets

When you have a valid and legal will, you get to say exactly what happens to all your assets.

I don’t know about you, but I’d rather decide what happens with my assets instead of letting some stranger decide for me!

2. Direct how you want your assets to be shared

Your will should clearly define how you want your assets to be shared. You can list specific items be gifted to a particular individual or you can ask that everything be sold and divided amongst specific individuals in your family. No matter how you’d like your assets shared, you can detail it all in your will. This can ensure that nothing is left to interpretation.

3. Decide who will take care of your young children and/or pets

If you were to die before your children become adults, you would want to be sure your children and your furbabies are taken care of. That’s another reason why you should have a will. In your will, you can clearly state who will be responsible for your children/pets in the event of your death. This can avoid needing to get child services involved and minimise any further stress on your family.

4. Give instructions for your funeral

Do you want to be buried or cremated? Do you want your ashes scattered somewhere? Do you want a headstone somewhere? Do you want a fancy coffin or something cheap and cheerful? Do you want specific songs played or poems read? Do you want an open or closed casket? There are lots of decisions to be made when it comes to funeral arrangements which can be extremely difficult for grieving family members. That’s another reason why you should have a will. In your will, you can state your wishes around these decisions and make life a little easier for your loved ones.

5. Gift certain items to specific people and/or support your favourite charity

Have you got a particular item that you really want to leave to a friend or family member? Have you got a favourite charity that you’d like to donate something to after you pass away? This is something else you can detail in your will. It’s a great way to ensure those that were special to you are acknowledged and avoid squabbles over your property.

6. Decide who will manage your estate and avoid family disputes

In your will, you will be required to appoint an executor. This is someone responsible for managing your estate and ensuring your wishes are fulfilled after you have passed away. You will choose who you want that person(s) to be (for more info on how to choose this person this is a great article to read ). Clearly defining your wishes in your will can help to avoid family disputes and unnecessary drama at what is already a time of heightened emotion.

7. Ensure any outstanding debts are satisfied/covered so as not to pass these onto your surviving family/beneficiaries.

If you have outstanding debts when you pass away, the last thing you want is your family to become responsible for them. That’s another reason why you should have a will. You can outline that all debts and expenses are to be paid out of the estate before anything is divided amongst your beneficiaries. This way, you don’t leave your loved ones with unexpected bills they weren’t accounting for.

Conclusion

The truth is, none of us truly know when our time is up and dying without a legal and valid will can cause your loved ones distress, heartache and legal issues. It can also mean that your wishes are not fulfilled. If you think it’s time you created a will or refreshed your old one, book your no-obligation Wills and Estates chat with us now.

7 Questions to ask your Solicitor before you hire them

info@webzulu.com.au (Mark Reisinger) — Wed, 16 Feb 2022 09:40:15 GMT

Hiring a solicitor for the first time can be daunting – you want someone that will get you the result you want with minimal stress. That’s why we’ve come up with 7 questions to ask your Solicitor BEFORE you hire them.

1. What costs should I expect and when will I be expected to pay?

It’s no secret that costs can vary greatly from firm to firm and even solicitor to solicitor so this is a very important question to ask your Solicitor before you hire them. Some solicitors have set fees for certain tasks or situations whilst others will have an hourly rate. If you are paying by the hour, make sure you have all your questions and information at hand before making a call or attending an appointment so you can minimise your costs. By having this information upfront, you can ensure you budget accordingly and avoid bill shock!

2. Who will be handling my issue?

If you choose a larger law firm, you want to know exactly who will be working on your case. Will it be a junior or senior solicitor? This can be an important question to ask your solicitor before you hire them as sometimes having multiple people handling the case without knowing you, can affect your outcome. At LWA Solicitors, you will deal directly with your solicitor so you can be sure you aren’t treated like a number.

3. How and how often will you communicate with me?

If your solicitor deals only via email and you are terrible with emails, that might not be the best match for you. Likewise, if you are unavailable via phone during working hours and your solicitor prefers to talk on the phone then that might not work either. You also don’t want to be left wondering if they have forgotten about you if you haven’t heard from them in a while. That’s why this is an important question to ask your solicitor. When you have a clear expectation of how and when they communicate, it may alleviate some unnecessary stress.

4. What experience have you had in cases similar to mine?

You don’t want to leave your legal outcomes to chance by hiring a solicitor who has zero experience with your type of case. By asking this question before you hire your solicitor, you can find one who has tried and tested approaches for your matter. They may have specific experience that will aid you in achieving a desired result. In addition to that, they may have relevant contacts that will be helpful in supporting your case. Whilst experience often does affect price, you want to be sure you are getting the best possible solicitor for your case and your budget.

5. How long have you been practicing law?

Every solicitor starts somewhere, however, if your case is a more intricate or tricky one, you may prefer to have a senior solicitor working for you. With experience comes contacts, on the job knowledge and reputation which are all things that may benefit your outcome. It’s not to say that solicitors that are new to the field are not fantastic at what they do, it’s just something you may want to consider before you hire your solicitor.

6. Do you have any specific skills, qualifications or experience other than a law degree that may assist me in this matter?

You never know what past experience or skills your potential solicitor may have until you ask this question. Hiring a solicitor that has specific skills related to your case, may not only help your case but also allow you to hire someone with similar interests that may encourage a stronger relationship. We all like working with people we know, like and trust and this may just help build that. For example, Euan, our principal solicitor is a musician in his spare time so he is especially helpful on cases involving the music industry.

7. What is the legal process/timeline involved and how long will my matter take to be resolved?

An experienced solicitor will have a good understanding of how long certain things take within the legal system. They will also be able to clearly outline the process that will be followed and define what you will need to provide at certain points throughout the process so you can be prepared and minimise the time taken. When you aren’t experienced in these matters yourself, this can also alleviate stress and give you confidence in choosing your solicitor.

Conclusion

When you ask these questions of your solicitor before you hire them, you will ensure you are on the right track and potentially avoid longer term headaches from choosing a solicitor that’s not the right fit. At LWA Solicitors, we welcome these questions. Why not book a no-obligation chat to see if one of our solicitors is the right fit for you?