Q Solicitors

To live outside the law, you must be honest.
Bob Dylan

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New Junior Solicitor

We welcome Camille Anderson to our team at Q Solicitors. Camille has recently graduated from QUT with a Bachelor of Laws and Bachelor of Creative Industries (Media & Communications). Camille will be admitted as a Solicitor in the Supreme Court of Queensland in late October and will undoubtedly be a great asset to the firm.

Click here if you would like to email Camille.

The $6 haircut!

There is an old story of a hairdresser in the USA who had been operating for many years in a small town and doing great hair cuts for $25.

One day, a new competitor opened a shop directly opposite him and put up a big sign saying "$6 haircuts". Customers began to flock to the new salon.

The first hairdresser then thought to himself "How am I going to compete with this? It costs me more that $6 to do a haircut". He was close to going out of business when he had a very clever idea. He went to his local signwriter and had a sign made up which he hung at the front of his salon saying "We fix $6 haircuts!"

Likewise, Q Solicitors, is not the cheapest legal firm in town, however, we are accurate and efficient and are concerned with providing a full and thorough service. Whilst we consider our prices competitive, we do not discount or reduce our fees, just as we do not reduce our high level of service.

Dying Intestate - What does it mean?

Quite simply, dying intestate means, dying without having made a valid Will. When this occurs, Intestacy Rules prescribed by Part 3 of the Succession Act 1981 will apply.

The Intestacy Rules distribute the estate to the closest next of kin to the deceased person i.e. to their spouse and children, grandchildren etc and, if there is no spouse or children, then provision is made for the deceased's parents, brothers and sisters, nephews and nieces, then grandparents, then uncles and aunts, then cousins.

There is no provision made beyond that of the first cousins of the deceased, and this is when problems can arise.

An administrator is appointed to finalise the estate, by attending to payment of all outstanding debts, and to make the distribution of the assets.

An administrator does not have authority to deal with the deceased's assets until the Supreme Court of Queensland has granted them Letters of Administration; this is similar to a Grant of Probate to the executor of a Will.

The Intestacy Rules at the date of death determine who is entitled to share in the estate. A summary of the rules as at 1 February 2010 is as follows:-

There are a number of other legal rules that also apply to the establishment of the persons entitled to share in an Intestate's estate:

• Prior to 1 May 1998, a de facto partner was not entitled to share in an Intestate estate.
• Since 1981, a beneficiary must survive the Intestate person by at least 30 days to be entitled to share in the estate.
• The entitlement to immovable property (e.g. land and improvements) is determined by the Intestacy Rules that apply to the State, Territory or Country where it is located.
• Personal property of any kind is distributed under the Intestacy Rules that apply to the State, Territory or Country where the Intestate person was domiciled at the time of their death.

The Disadvantages of Dying Intestate are as follows:-

• The distribution of your estate under Intestacy Rules may not suit you.
• You cannot choose the Executor of your estate if you die intestate.
• Additional costs are incurred in the administration of an intestate estate.

AVOID THESE PROBLEMS BY MAKING A WILL.

Renovating for Profit Seminar

We are currently planning a seminar for February 2011 on "Renovating for Profit". Email us by clicking here to register your interest in attending this seminar.

Purchasing a Renovater?

Check out our brochure for some helpful information before you take the plunge.

Q is for Questions

Do you have any legal questions you would like to ask? Then send an email to: enquiries@qsolicitors.com.au

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Final quote till next month:-
"If I'd asked my customers what they wanted, they would have said a faster horse."
Henry Ford

Regards,

Q Solicitors
9/14 Macquarie Street Teneriffe QLD 4005
Phone: 07 3358 2399
Email: enquiries@qsolicitors.com.au
Web: qsolicitors.com.au