Buying a business? If you are looking at buying a business or are in the process of buying a business, then there are a multitude of things you will need to consider. Not only should the typical pre-purchase due diligence enquiries be made, but some more in-depth matters (which are often glossed over or forgotten...
Tag: <span>Asset Protection</span>
Executor’s Obligations in Queensland
What do executors do? Statutory obligations Executors in Queensland have statutory obligations that are set out under section 52 of the Succession Act 1981 (Qld) (“the Succession Act”). However, there is no exact guideline for executors to follow because their duties may vary depending on the size and complexity of the estate, as well as...
NEW ENDURING POWER OF ATTORNEY AND ADVANCE HEALTH DIRECTIVE FORMS FOR QUEENSLAND
As of 30 November 2020, new Enduring Power of Attorney (“EPOA”) and Advance Health Directive (“AHD”) forms have come into effect under the Powers of Attorney Act 1998 (Qld) to replace the previously existing forms which had been in effect for more than 16 years. It is important to be aware that whilst any Enduring...
TESTAMENTARY TRUST – WHAT IS IT AND DO I NEED ONE?
A Testamentary Trust is essentially a trust that comes into effect upon the death of the testator (will-maker) and can be a useful estate planning arrangement in situations where extra flexibility is needed when the estate is disbursed to beneficiaries, such as circumstances where the beneficiaries are employed in high risk occupations (where their personal...
SHOULD I HAVE AN ENDURING POWER OF ATTORNEY?
While we have reiterated the importance of having a current Will in many previous articles, (click here to read more), the importance of having a current Enduring Power of Attorney is just as important as having your Will in place. While a Will provides instructions for your executors in relation to the distribution of your...
STATUTORY DEMAND – WHAT IS IT AND HOW CAN IT AFFECT MY BUSINESS?
In the same way that an individual can become bankrupt for failing to pay money when due, a company can be brought to a commercial end by being wound up for failing to pay its debts so it is vitally important if you run a company that you are aware of what a statutory demand...
WHAT IS SPOUSAL MAINTENANCE?
Where parties separate and one party to the marriage/de facto relationship is unable to adequately support themselves, then the other party may be required to pay spousal maintenance. A person has a responsibility, under the provisions of the Family Law Act to assist their former spouse or partner financially in circumstances where that person’s income...
BFA’s – HOW DO I PROTECT MY ASSETS FROM MY PARTNER? DO I NEED A BINDING FINANCIAL AGREEMENT?
A BFA or Binding Financial Agreements, commonly referred to as “pre-nuptial agreements” or “pre-nups” are becoming increasingly popular globally as couples look to put in place safeguards and individual asset protection strategies to protect their financial position as they enter into a new relationship. BFA’s are no longer reserved solely for celebrities and multi-millionaires looking...
AGED CARE PART 2 – RETIREMENT VILLAGE, AGED CARE OR NURSING HOME – WHAT HAPPENS WHEN YOUR PARENTS OR LOVED ONES GET OLDER
We hope that you found last month’s article regarding Retirement Villages valuable and informative, (click here to read it if you missed it) and this article will follow on from that article with a focus on aged care facilities / nursing homes to enable our readers to gain a greater understanding of the options available...
IS IT A LOAN OR A GIFT? PARENTS PROVIDING FUNDS TO CHILDREN
As the cost of living increases and it becomes harder for young people to get a foot into the property market, it is becoming quite common for parents to provide funds to their adult children to either assist them with purchasing property, or for various other expenses ranging from medical expenses, weddings or even holidays....
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