Here at Griffin Solicitors we specialise in the following areas of law:
Estate Planning
Making a Will
Everyone over 18 should make a Will, no matter what their financial circumstances. The result of not having a Will can be considerable cost (financial & emotional) to your family. We strongly recommend you make a will, if you do not have one.
Making a will involves careful consideration of your circumstances and in particular –
- What will happen to your Superannuation?
- What will happen to your Life Insurance?
- Should you provide for the proceeds of your estate to go into trust rather than direct to the beneficiaries?
(ii) Making an Enduring Power of Attorney
We also strongly recommend you make an Enduring Power of Attorney, if you do not have one. This is a document which appoints one or more persons (usually close family members) to make decisions (both financial & health) on your behalf. It is very important in a situation where you become physically or mentally incapable of making your own decisions.
You should consider making an Enduring Power of Attorney for health matters if your current Queensland Power of Attorney was made before mid 1998 because it will only be for financial matters.
(iii) Making an Advance Health Directive
An Advance Health Directive allows you to give directions about your future health care, particularly with respect to terminal, incurable or irreversible medical conditions. For example you can specify the medical treatment you do or don’t want if you are in a coma.
This document is not essential like a Will or Enduring Power of Attorney, but we like our clients to know about it because many people feel strongly about their future health care.
(iv) Superannuation
The trustee of your superannuation fund is not bound by your will. The only way to bind the Trustee is to make a Binding Death Benefit Nomination. This is a document which must be signed in the presence of two independent adult witnesses. Nominations made in any other way are not binding on the Trustee.
Not all super funds allow binding nominations.
A binding nomination is an important part of your estate planning and should be discussed with appropriate professionals.
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Business Planning
Do you have a plan in place for what happens to your business –
- If you die
- If you are so badly injured or ill that you can no longer work
- If you want to retire but there is no-one who wants to take over the business or your share of it
- Your partner (business or relationship) dies or is injured and can no longer contribute to the business (whether in the business or by looking after the kids or the house)
- Your business partner wants to retire or leave the business?
We can help you document your plans and agreements about these matters and any other business issues you have.
We can provide documents necessary to establish appropriate structures including companies, partnerships, trusts and business names.
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Buying or Selling a Business
We can give you peace of mind that –
- The contract is drawn correctly
- All relevant issues are addressed including –
Lease issues (landlord approval, appropriate documentation)
Land issues (town planning, appropriate documentation)
Employee issues
Issues relevant to your industry
GST
- All transfers necessary for the operation of the business are completed
- You understand the legal issues
We are experienced with Retail Shop lease issues.
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Leases
We act for many landlords and tenants in respect of both Retail Shop leases and general commercial leases so we understand the needs of both parties.
We like to provide practical answers to issues that arise because they are often better (for both parties) than litigation or other dispute resolution processes.
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Land and Unit Development
We have lots of experience in working with development teams focused on achieving the right result.
We work well with team members from other professions including town planning, surveying, engineering, architecture and other related fields.
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Buying or Selling Property
Having a Solicitor deal with your contract gives you peace of mind.
It is very important to let us look at the contract (often described as an”offer”) before you sign it.
We can deal with the many questions that can arise, for instance –
- Is there a Cooling Off period and how does it work?
- Do you need a ‘special conditions’ clause in the contract to protect you if the property does not have all of its required building approvals?
- What happens if you or another party cannot meet the time limits set by the contract?
- Do you know whether it is necessary to search the contaminated lands register?
- Do you know how to calculate the adjustments to the purchase price required by the contract?
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