Publications and News

Loan or Gift?

8 November 2018

Normally speaking, where person A purchases property in the name of person B, a trust arises whereby person A holds the property on trust for person B – unless a presumption of advancement is present or if there is evidence to the contrary.  Continue Reading..

Don’t Spoil Your Gift!

8 October 2018

Many of us strive to leave assets such as the family home, an investment property or shares to those we love in our will, but have you ever thought about what will happen to a gift in your will if it is sold before you die? Continue Reading..

Disposal Of Firearms After Death

12 September 2018

It is not uncommon for people in rural and regional areas to possess a firearms licence. Many primary producers possess firearms and corresponding licences for farming and grazing activities including for the removal of pest animals. But what happens to firearms owned by a licence holder upon their death? Continue Reading..

Lost trust deed and the presumption of regularity

18 July 2018

You arrive at work early Tuesday morning grateful for the peace and quiet of your office after a morning of melodramatic tantrums by your two year old son. You’d given him 3 strawberries, turns out he only wanted 2, and the morning went downhill from there.  Continue Reading..

Death by crocodile: not necessarily tax-free

7 June 2018

This article was published in this month's edition of the Law Society Journal of NSW.

Peter and Patricia have instructed you to prepare their wills. They rent the family home but own two commercial properties, each worth about $3 million and subject to a mortgage of $2.5 million. They have a share portfolio, which they started to acquire during the 1990s. Finally, they also have a self managed superannuation fund with a policy on Peter’s life for $2.5 million – to pay off the debt. Continue Reading..

To see or not to see: Latent and Patent Defects when Purchasing Property

7 June 2018

When purchasing a property, it is important for a Buyer to rely on their own enquiries and investigations to satisfy themselves with the state of the property. However a Seller does have a legal obligation under the Conveyancing Legislation to disclose any latent defects in a property to a Buyer. In contrast any patent defects do not need to be disclosed by a Seller to a Buyer. So, what is the difference?  Continue Reading..

A Broken Marriage and a Hefty Tax Bill

11 May 2018

You’ve been acting for your sister Ana in relation to the breakdown of her marriage to Chris. Ana has been cheating on Chris pretty much since they were married. You suspect Chris knew about it deep down, everyone else did, but pretended he didn’t to keep the family together. But he’d finally had enough and decided to leave her. Continue Reading..

Can Text Messages or Video Recordings Constitute a Valid Will?

3 April 2018

We are living and breathing in a digital age where pen and paper is becoming something of the past. A recent decision handed down by the Queensland Supreme Court in 2017 proved that an unsent text message satisfied the requirements of a person’s last Will.  Continue Reading..

Quit Horsing About

9 March 2018

You act for Bill and Jo Smith on the sale of their 20 acre property in Bourke known as "Racecourse Road" which is well known in the town for breeding and selling race horses. It also holds local races every couple of months. Bill and Jo also own other adjoining property and have been capturing and selling goats, the meat of which is exported to the Middle East. Continue Reading..

The most important asset: succession for your embryos

6 March 2018

As couples today commonly engage in IVF treatment, the question must be considered, what will happen to your frozen eggs/sperm or fertilised embryos on the death of you or your partner?  Continue Reading..

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