Q Solicitors

  "All four elements were happening in equal measure - the cuisine, the wine, the service, and the overall ambience. It taught me that dining could happen at a spiritual level".

Charlie Trotter

Thank you for subscribing to Q Solicitors' e-newsletter.

It is no accident that this month's opening quote relates to the dining experience.  Following an exceptional dinner at FreeStyle Tout last week, we can certainly attest to the presence of all four elements as listed above.

A recent client enquiry about granting "Life Estates" in a Will, encouraged us to write an article which provides some guidance in this area.  This article features in this month's newsletter and is well worth a read for anyone who has considered "Life Estates" as an option.  We also feature some photographs from our recent dinner at FreeStyle Tout, West End.

Last month we invited our subscribers to join us for dinner at FreeStyle Tout West End to support the restaurant after almost 8 weeks without trading following the Brisbane floods.  This occurred last Friday night, when the crew from Q Solicitors, together with a great group of friends, were treated to the hospitality of Martin Duncan and his highly efficient staff at FreeStyle Tout West End.  The food, wine, service and company was great, and we urge you to support this business in the future.

FreeStyle Tout is open seven days a week and their desserts are to die for! 

Martin Duncan thanks diners for supporting his restaurant FreeStyle Tout

 Roxanne Hilton (Solicitor and Restaurant Reviewer for Proctor Magazine) and Myles Murphy (Q Solicitors) enjoyed the evening

If you are a Facebook user, you can view more photos from the evening by following this link http://on.fb.me/dT30rY

As a result of a recent enquiry from a reader, we have taken the opportunity to review the legislation and case law in this interesting area of law and provide this article as an update on the types of issues that arise if you are considering granting a life estate under your Will.

Usually all clients leave behind a house or unit, or some other real property, when they pass away.  Some clients want to allow their spouse (or some other relative or friend) to live in this property for their life, and upon death, for the property to pass to the end beneficiary (usually children).  This is called a life tenancy and they are fraught with difficulty unless they are drafted correctly.

One of the main concerns in including a life tenancy in your Will, is that it impacts upon the end beneficiary's ability to deal with the property.  Often they have to wait for several years for the life tenant to pass away before they become entitled to their inheritance under the will.  This can be very distressing for some children, and especially so where the life tenant is a new spouse and not a parent of the end beneficiary.

Further complications under life tenancies arise, when the question is asked "Who pays for the new roof that is in disrepair?"  The answer is far from cut and dry and is not provided for in any legislation.  The life tenant will usually argue that the end beneficiary is responsible for the costs as they will inherit the "bricks and mortar" of the property.  But the end beneficiary might also claim that the life tenant should cover the costs as they will be receiving the benefit of the new roof in the meantime.

Also, life tenancies sometimes include a maintenance clause that provides that the life tenant will be maintained by a surplus from the estate until their death, for things such as capital improvements, rates, insurance and other consumables.  This again imposes obligations on the trustee of the estate to ensure that sufficient funds are put aside for such things. 

Irish defence Counsel in a paternity suit:  "And in conclusion, my client emphatically denies that he is the father of the twins, - or, indeed of either one of them."

(Extracted from "The World's Best Lawyer Jokes" by Edward Phillips)

Do you have any legal questions you would like to ask?  Perhaps you would like us to discuss a particular topic in our next newsletter such as the Life Estates information which featured this month.  Let us know how we can help by sending an email to:  enquiries@qsolicitors.com.au

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"Some of my best leading men have been dogs and horses"

Elizabeth Taylor

Regards,

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