Frequently Asked
Questions

Conveyancing is the legal process of transferring ownership of property from one person to another. It involves preparing and reviewing contracts, conducting searches, liaising with financiers, and attending to settlement.

While not legally required in Queensland, having a qualified solicitor handle your conveyancing ensures your interests are protected. Property transactions are significant financial commitments, and professional legal advice can prevent costly mistakes.

In Queensland, the standard cooling off period for residential property purchases is 5 business days from the date the buyer receives a copy of the signed contract. During this period, the buyer can terminate the contract, though a penalty of 0.25% of the purchase price applies.

Yes. As a buyer, you should arrange building and contents insurance from the date the contract becomes unconditional, as risk typically passes to the buyer at that point. Your solicitor can advise you on the specific timing for your contract.

Property searches are strongly recommended as they reveal important information about the property such as zoning, flood risk, easements, and any outstanding rates or charges. Your solicitor will advise which searches are appropriate for your property.

Settlement in Queensland is predominantly conducted electronically through the PEXA platform. You generally do not need to attend settlement personally. Your solicitor and their team will handle the entire process on your behalf.

Transfer duty (stamp duty) in Queensland varies based on the purchase price and whether you qualify for any concessions such as the first home buyer concession. Your solicitor can calculate the exact amount applicable to your purchase.

An off-the-plan purchase is when you buy a property before it has been built or completed. This often involves purchasing an apartment or townhouse based on plans and specifications. Special disclosure requirements and sunset clauses apply to these contracts.

You must be separated for at least 12 months before you can apply for a divorce in Australia. It is possible to be separated while still living under the same roof, though additional evidence may be required.

A de facto relationship is where two people live together on a genuine domestic basis without being married. The Family Law Act provides for property settlements and maintenance for de facto couples in a similar way to married couples.

Yes. Separation can occur even if the parties continue to live in the same house. However, you will need to demonstrate that the relationship has ended, which may involve showing separate sleeping arrangements, finances, social lives, and household responsibilities.

For married couples, you have 12 months from the date of divorce to commence property settlement proceedings. For de facto couples, you have 2 years from the date of separation. It is important to seek legal advice as soon as possible.

Yes, it is strongly recommended. Separation does not automatically revoke a Will. However, divorce does revoke any gift or appointment of the former spouse. You should update your Will as soon as possible after separation to reflect your current wishes.

A parenting order is an order made by the Family Court or Federal Circuit Court about parenting arrangements for a child, including who the child lives with, spends time with, and communicates with.

A will is a legal document that sets out how you want your assets distributed after your death. Without a valid will, your estate will be distributed according to intestacy laws, which may not reflect your wishes.

Any person who is 18 years or older and has testamentary capacity (the mental ability to understand the nature and effect of making a will) can make a valid will in Queensland.

Yes. Under Queensland law, certain eligible persons can challenge a will if they believe adequate provision has not been made for them. This is known as a family provision application. Strict time limits apply.

Probate is a legal process where the Supreme Court confirms the validity of a will and authorises the executor to administer the estate. It is generally required when the deceased owned real property or had significant assets held by financial institutions.

As executor, you are responsible for administering the estate according to the terms of the will. This includes collecting assets, paying debts and liabilities, and distributing the estate to the beneficiaries. It is advisable to seek legal assistance.

You can change your will at any time by making a new will or adding a codicil (an amendment to your existing will). It is recommended that you review your will regularly, especially after major life events such as marriage, divorce, or the birth of a child.