Author - Ben Olsen

what is a will

Understanding Wills – What is a Will?

What is a will? It is commonly asked what is a will. A will is a document which expresses how and to whom the property of an individual (the testator) will be distributed after their death. It is prudent to engage a solicitor and give clear instructions regarding how and to whom your property will be distributed after your death to ensure the validity of your will. Under a will, a trustee holds property on trust for the nominated beneficiaries and...

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Will Mandatory Meth-Testing of Rentals become Law in Queensland?

Mandatory Testing A New South Wales woman has been forced to vacate her house after learning that the dwelling was found to contain residue of methamphetamine. The drug commonly known as ‘ice’. After being ill for months, she was horrified to learn that her house contained residue of the drug and that all of her possessions were contaminated as a result. This unfortunate personal story highlights important questions regarding not only the feasibility and likelihood of mandatory meth-testing at the...

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Olsen Lawyers Conveyancing Searches Guide

Searches conducted during a conveyance will ensure that good title is transferred to you upon settlement. This means you will be aware of any financial or other encumbrance and can act on this before settlement. This will ensure you aren’t taking over any of the previous owners’ unpaid debts and can use the property in line with your intended purpose. Example 1 – you purchase an existing house with a view to building a pool in the back yard, but...

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How do the lockout laws affect your premises?

Under the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 (Qld) in conjunction with the Liquor Act 1992 (Qld), licensed premises in Queensland must abide by strict licensing laws. This new legislation was designed to minimise alcohol-related violence in “Safe Night Precincts” (“SNPs”). These precincts are key entertainment areas as defined by Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 (Qld) s 173P (2). What this means for you Does your premises fall within an SNP area? As at March 2018, there are...

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Buying at Auction: The Pros & Cons

Most purchases involving residential real estate in Queensland are governed by the Real Estate Institute of Queensland’s (REIQ) Standard Conditions, including provisions protecting the Buyer’s right to termination. However, when purchasing under auction conditions, these standard safeguards can unwittingly be reduced or even removed. Here are the pros and cons of purchasing under auction, and what you need to know and be armed with when you go along to auction day. Buyer’s basic termination rights under REIQ Standard Conditions Cooling-Off...

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Foreign Resident Capital Gains Tax Withholding

Foreign Resident Capital Gains Tax Withholding One of the measures taken by the Australian government in the recent budget to balance the books was to crack down on foreign buyers avoiding capital gains tax (CGT) on the sale of real property. To this end, the foreign resident capital gains tax withholding (FRCGW) scheme has been adjusted in the following key areas: The purchase price of real property caught by FRCGW has been reduced to $750,000 from $2 million; and ...

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EPOA Enduring Power Of Attorney
EPOA Enduring Power Of Attorney Olsen Lawyers

Why do I need an enduring power of attorney as well as a will?

What is an enduring power of attorney? An enduring power of attorney (EPOA) is a formal document which gives another person the authority to make personal and/or financial decisions on your behalf. The main difference between a EPOA and a General Power of Attorney is that an EPOA will “endure” and continue to be valid in the event you lose capacity. Why do I need one? Olsen Lawyers recommends having an EPOA in addition to your will. This ensures someone you trust has the...

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Duty Concessions For Home/First Home Owners Explained

When buying property in Queensland you must pay stamp duty, which is calculated according to the value of the property. If you intend to use the property as your home or are acquiring the residence as your first home you may be eligible to claim a concession that reduces the amount of stamp duty you have to pay. Am I eligible for a home concession? You can claim a home concession if you intend to live in the property as your principal...

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Executing Transfers Outside of Australia

Executing Transfers Outside of Australia

When executing transfers outside of Australia or selling real property in Queensland (e.g. house, unit or land), you are required to execute a Form 1 – Transfer. The original form is then registered at the Titles Office of Queensland and officially signifies the change in ownership from you to the new owner. Because of the important nature of this form, there are stringent rules set out in the Land Title Practice Manual about executing the form in the correct way. What...

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Transferring Property to your Partner

It is normal practice that spouses or de facto partners hold ownership in their property jointly. However, there are times, when you may need to consider holding the property in only one name. When:  if real property (house, land, unit, etc.) is owned in joint names and you want it exclusively owned in one person’s name Why:     there a numerous reasons, but some of the more common uses are – asset protection – where one partner is in a high risk...

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