Blog

Buyers Beware of the Finance Clause

In a Standard REIQ (Real Estate Institute Queensland) Contract there are conditions which cover  finance, building & pest inspections and pool safety inspections.  These conditions create an ability for the buyer to terminate the contract after taking reasonable steps of enquiry. Clause 3.1 in the current contract states: The Contract is conditional on the Buyer obtaining finance approval of a […]

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Lending to family can hurt!

We commonly see transactions where family members lend money to their own family to help them buy a property or for some other purpose. In these circumstances it would be best to secure the loan by having the borrower acknowledge the debt and provide security in the form of a registered mortgage. I don’t know […]

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Interpretation of Wills

Disputes can arise in relation to the interpretation of a Will. As a result, general rules of thumb have developed from case law over time. Rules of Interpretation Some examples of the general rules of interpretation include the following: words are to be given their ordinary meaning unless it is clear that some other meaning was intended; if at […]

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Selling your property

For most people, buying or selling a house will be one of the most significant financial decisions they make during their lifetime. Our job is to make sure that decision doesn’t become a nightmare. Some people will try to do their own conveyancing or use cut price conveyancing services but in the end you get […]

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Why you should use a lawyer to prepare your Will.

Writing a will is easy right?  A valid will must be:  in writing; executed by the will-maker (there are some exceptions here); executed by the will-maker in the presence of two or more witnesses present at the same time; and attested to by each witness to the will in the presence of the will-maker.  Sounds easy […]

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Rectification of Wills

 What happens if a will doesn’t accurately record a will-maker’s intentions?  As an example we have a case at the moment where another firm of solicitors drafted a will to refer to a particular beneficiary however failed to gift any part of the estate to that beneficiary. Such a problem could arise from something as simple […]

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To Register or not to Register on the PPSR?

The personal property securities registration system has been with us for a while now however it may be something which most people have not properly considered.   The Age newspaper recently reported a matter where receivers have commenced an action in the Supreme Court of New South Wales against a leasing company in an attempt to […]

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