The will is a most important document because it is the only way of ensuring our wishes can be carried out after we have died.

These wishes are about how you want to distribute your property after you die and who you want to manage your estate and the carrying out of the intensions expressed in your will after your death. Whether you live in Brisbane or surrounds it can be helpful to seek advice from lawyers experienced in wills and estates.

Professional advice from Brisbane’s northside will lawyers

Your will should therefore include:

• Who will be the executors and trustees of your estate
• Whether you wish to leave any specific items or sums of money to anyone in particular
• Who you would like to recieve and in what proportions the remainder of your estate.

There can be other issues you may want to address in your will such as:

• The forgiveness of a debt such as to one of your children
• The inclusion of a testamentary trust such as where you wish to leave funds for a child with a disability
• The donation of your organs or whether you wish to be buried or cremated
• To express your wish that a child or children live with or be cared for by a particular person if you die while he or she is an infant.

What happens if no will is made?

If you die without a will the Succession Act sets out who will be entitled to benefit from your estate. It will be up to one of your beneficiaries of your estate to volunteer to administer the estate. The result maybe conflict and confusion about who will be responsible for the estate and people you intended to benefit from the estate may not receive what you wanted them to.

Brisbane’s northside lawyers for wills and estates

For professional advice regarding wills and estates please don’t hesitate to contact our Brisbane northside lawyers on 07 3350 4417 today. We also practice family law, conveyancing and business law if you need assistance with matters relating to these areas.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

There are many legal issues to consider whether you are either buying or selling a business or leases.

“Research and planning are required when establishing or buying a business and care is also needed when selling one!”

You should ensure you investigate the nature of the premises and the suitability and terms of any lease to be entered into.

Other Issues to consider:

• The structure of the business whether a sole trader, partnership, company or trust;
• The appropriateness of the business name;
• The financing set up; and
• Funding options.

You should ensure you carry out a proper study of the prospects of the business you plan to establish or buy and consult a properly qualified Accountant to assist you with a business plan and setting up of the new business and investigation of the books of the business you propose to buy.

An Accountant will also help you with advice on your bookkeeping needs if you are new to business and requirements for taxation reporting.

Any contract to buy should be subject to a due diligence investigation entitling you to ensure all aspects of the proposed business including its past performance are satisfactory.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderson Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

If you live in Brisbane and are going through a separation our highly trained lawyers can be of assistance. Read on for answers to some common questions about separation.

Can a couple be separated if they continue to live in the same house?

Even though parties are living in the same residence, basic requirements for separation can exist. A party must be able to demonstrate a total break with the marital relationship and this can be shown by some or all of the following:

• Ceasing of sexual relations and sleeping in separate bedrooms;
• No longer socialising together;
• No longer sharing meals or other activities together;
• Giving the impression to family, friends and neighbours that the relationship is no longer continuing.

Why is separation important?

If parties separate certain issues arise such as who is to be the primary caregiver of the children, who are they to live with and how much time are they to spend with the other party.

If the parties cannot agree they must attend mediation through, for instance, a Family Relationship Centre to endeavour to resolve the dispute before they can go to Court. However one party might dispute that the relationship has broken down and it is then for the other party to prove separation has occurred. This may require evidence from a third party such as a friend, family relation or neighbour.

The issue of separation is also important to resolve property division disputes and if one party disagrees that separation has occurred, the other will have to prove it in the course of proceedings in a Court. This is a fairly unusual situation.

Time Limits for Separation

Finally, although parenting and property proceedings can occur soon after separation occurs, if the parties want to divorce they have to wait one year from the date of separation.

Sometimes a dispute can arise with an Application for Divorce is brought because the Respondent disputes the date of separation.

An Application for Divorce can only be filed after the parties have been separated for two years. If they have have contined to reside in the same property then the Applicant will have to demonstrate that while they continued to live in the same place there has been a total breakdown in the marital relationship and prove some or all of those matters referred to in paragraph one. If they have lived apart for two years the total breakdown of marriage is presumed.

Where parties separate having lived in a defacto relationship the Family Law Act requires that they must take action in a Family Court within two years of separation if they have not resolved their property iussues before then.

Separating married couples must apply to the Court within one year of the divorce if they have not resolved their property division dispute.

Professional separation lawyers assisting couples across Brisbane

For separation lawyers in Brisbane get in touch with Terry Anderssen. Call 07 3350 4417 for all matters relating to separation law, as well as the areas of wills and estates, conveyancing and business law.

The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.

Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.

You have made your first appointment to see one of our Brisbane family lawyers in the northside so you may be thinking what next?

It may feel overwhelming making the step to see a lawyer. It can be helpful to prepare for the consultation in advance. Preparing for the consultation can help your appointment to run more smoothly for you and your lawyer. However, please note that your lawyer will guide you through what you need to provide. So, please do not hesitate to make an appointment because you are trying to get everything together before you go.  

Preparing to see family lawyers in northside Brisbane

The first time you meet your lawyer it is an opportunity for the lawyer to assess your circumstances and provide specific advice related to your unique situation. So make sure you bring with you any questions you wish to ask and clarify with your Lawyer any concerns you have.

So the first step is to write down any questions or concerns you have so you cover these in your consultation. The rest of the checklist is additional and optional to prepare. Some of the information may not be required at the first consultation however it is useful to be prepared.

Checklist: what to bring for a family law consultation- children’s matters

1.  Any correspondence you have received from your ex-spouse or ex partner’s Lawyer
2.  Details of the Lawyer of your ex-partner/ex-spouse
3.  Details of any children, their names and dates of birth
4.  Details of the date you commenced the relationship and other important dates such as when you got married and date of separation
5.  Copies of important documents such as marriage certificate and birth certificates of children
6.  If you have divorced from your ex-spouse, then bring the copy of the divorce certificate
7.  Copies of any Court orders including Domestic Violence Orders or Court Orders made in relation to the children.
8.  List of any specific questions you wish to ask the Lawyer.

Checklist: what to bring for a family law consultation- financial matters

*All of the below: include whether it is in your name or jointly or in your ex-spouse/ex partners name

1. A list detailing property owned such as jewelry, electronic equipment, appliances or other property
2. A list of all bank accounts and the recent balances
3. A list of any credit cards and the current balances
4. A list of stocks, shares or investments owned
5. A list of other loans or debts
6. Copies of income tax returns for the past three years
7. A list of any assets owned such as cars, boats etc
8. A list of real estate owned and recent title searches
9. Recent market appraisals of the real estate
10. A list of any inheritances received by you or your former partner/ former spouse
11. Recent pay slips
12. Business taxation and financial statements for a business, family company or trust if you or your ex-partner/spouse has an interest
13. Copies of medical insurance and life insurance policies
14. Copies of superannuation documents
15. A list of any non-financial contributions you made – renovations to the house or raising the children

Professional Family Lawyers welcoming clients from Brisbane’s northside and surrounds

Whether you live in the northside or southside of Brisbane, our team of family lawyers are available for assistance. We also practice law in the areas of wills, estates, conveyancing and business law.

Get in touch by calling 07 3350 4417 today or email through your enquiry to admin@terryanderssen.com.au.