on April 2, 2014 Comments Off on Please Read – General Information
The information found on this page is intended to be used for general information only and is not intended to be legal advice.
The areas of law we post about are highly complex and must be applied on a case by case basis. We don’t say this to be difficult or obstructive, it is a certainty that the smallest detail of your situation may alter the advice applicable to you.
Please be sure to obtain advice specific to your situation.
Don’t forget, we can come to you and provide you advice when and where you need it. We even have a $99.00 Quick Advice consultation that may get you the answer you seek.
If you’d like to speak with one of our Solicitors, please contact us here. We’re here for you.
on May 15, 2017 Comments Off on Pexa Acknowledges Swift Legal’s Commitment to innovation
We were pleased to be featured in an article on Pexa.com.au, Australia’s online property exchange network, recently.
The article highlights Swift Legal’s early adoption of online property transactions and Lyn Ford’s (Conveyancing Manager) ongoing commitment to innovation and improvement within the property and conveyancing industry.
on November 7, 2016 Comments Off on Attendance at QLS Succession and Elder Law Conference
We were happy to attend the annual Succession and Elder Law Conference which this year was held at the Marriott in Surfers Paradise. The conference is a great opportunity to learn about the latest developments in succession and elder law as well as a time to catch up with other practitioners and to make new friends.
With the offices of Swift Legal being spread out over Queensland it was also a chance for all of us to catch up.
In this photo, Nikki Gough, Amelia Ballantine, Lyn Ford, Judica Swift and Lisa-Jane Lowe are getting ready to attend the conference dinner before kicking their heels up on the dance floor (but those photos we won’t show you!)
on July 15, 2016 Comments Off on We just completed Hervey Bay’s first electronic conveyance!
We are very proud to be the first law firm in Hervey Bay to complete an electronic conveyance! Attending settlements and banking cheques will soon be a thing of the past. Clients and agents also no longer need to wait for their cheque to be banked and cleared as the transfer of funds is instantaneous. Electronic conveyancing is the way of the future and we are proud to be leading the way!
Nikki is looking after all our Ipswich & Brisbane Valley clients across all our areas of practice, with a particular focus on family law matters. Lisa-Jane is our local Brisbane & South West conveyancing extraordinaire and is based in our Jimboomba office. Shandi is our local Fraser Coast conveyancing pro and is based in Hervey Bay.
We are so excited for you all to meet the newest members of our family. We are even more excited to be able to continue to support our amazing communities who keep us so very busy. Thank you to all our local and extended families for your continued support and we look forward to all that 2016 has to offer.
Please join us in welcoming our new family members.
We take this opportunity to welcome in the new year and greet all of our amazing clients, colleagues and friends. Welcome to 2016!
We’re very excited to see what this year will bring. We continue to go from strength to strength as our Swift Legal family grows and we welcome new faces. We have no doubt that our amazing clients will love our new family members as much as we do.
We hope you will all continue to welcome us into your lives and your homes so we can pursue our passion of helping people.
We hope you all have had an amazing festive season and we look forward to seeing you all again soon.
on November 2, 2015 Comments Off on Recent Case on Court Made Wills – protecting the children until age 25 years
Court Made Wills (also known as Statutory Wills) is a fairly new and novel area of the wills and estates legal practice space. The existence of this area can be an incredibly beneficial option available to those that suffer a disability and therefore don’t have the requisite mental and legal capacity to make their own will. The law allows a family member to apply to the Court to permit the Court to make a will for that person in this situation. As you can probably imagine it has a clear formula as to whether the Court could and should make such a will and it has to be one that the disabled person would make themselves if they had the capacity to do so.
In the latest case of JW v John Siganto As the Litigation Guardian for AW & CW, the testator is 30 years old and was severally disabled in a car accident 10 years earlier. The testator’s parents have been his primary carers since his accident and also care for and have custody of his two minor children, AW (13 years old) & CW (10 years). The relationship between the testator and the children’s’ mother had broken down shortly after the accident and she no long has custody of the children.
The Court heard the application by the father to make a will for his son on the basis that the estate to set up two trusts for his son’s minor children to hold their interests in a testamentary trust until they reached the age of 25 years. The primary reason for doing so was that the estate was now quite substantial in value after a favourable outcome from litigation resulting from his son’s accident. In addition to this main benefit, the will was also to benefit the applicant and his wife (his son’s primary carers for the past 10 years) and the testator’s sister who had also shown alot of support to the family since the testator’s accident.
Under the rules of intestacy, his children would receive the whole of the estate in equal shares at the age of 18 years. The applicant’s argument was that such trusts being set up would ensure that the children would benefit from having guidance on how to manage such a large sum of money until they reached the age of 25 years. The estate was estimated to be approximately $9 million. The establishment of the trusts also provided taxation benefits for the children.
The court, being satisfied that the application met all the requirements and it being a will that the testator would make himself if able, allowed the application and proposed will.
on July 12, 2015 Comments Off on Conveyancing; the not-so-simple process
Did you know that every conveyancing transaction in Queensland is affected by 20 different State and Federal laws and countless past court cases?
Whilst alot of conveyances go smoothly, many things can go wrong or simply not quite as expected.
There are rights and obligations attached to every party involved and each have a role to play. There are critical dates that, if missed, can mean you could be in breach of contract and be sued by the other party. Not to mention the emotional turmoil that results.
A conveyancing practitioner deals with every element of the conveyancing process. They deal with these concerns daily and do so for each client. Conveyancing practitioners are also responsible for reviewing and advising on contract conditions, what happens when things go wrong and drafting and settling all the documents to transfer a property from one person to another. Our Conveyancing Practitioners who practice in this area are experts in dealing with the smooth and not-so-smooth transactions. At Swift Legal, it is our job to keep it as simple as we can and to guide you through the process by advising you of those rights and obligations and to keep everything on track for you.
If you’re thinking about buying or selling a home, we always recommend you get advice before signing on the dotted line. If you choose us to look after you with your conveyance, we are happy to review the contract and briefly take you through it before you sign without additional charge. We can even help with the more detailed negotiation and by drafting special conditions in your contract to make sure the deal suits you and your situation.
If you’re not sure what to do, give us a call and we would be happy to help you.
For our Fraser Coast communities, you can call 07 4122 2165 or email email@example.com.
For our Brisbane & South West communities, you can call 07 5547 7112 or email firstname.lastname@example.org.
on July 10, 2015 Comments Off on We’re coming to Ipswich!
Our Logan & Scenic Rim branch is extending its service area to include our Ipswich community!
We appreciate how hard it is to get legal advice when and where you need it and that’s exactly why we’re extending our service area. We’re listening and evolving with our clients’ needs and offering all our legal services to our Ipswich communities. This includes all conveyancing services, wills, estates, powers of attorney, trusts, guardianship, retirement planning and retirement village contracts and elder law. And there is still no catch; we still come to you at no extra charge!
If you need assistance with your legals, please contact your local team on 07 5547 7112 or email your local Solicitor, Nikki Gough, at email@example.com.
on April 10, 2015 Comments Off on Now is the time; Why you should stop and make a Will now
Do you know what would happen if you passed away?
Do you know who would be tasked with the job of finalising all of your affairs?
Look after your kids? Organise your funeral? Pay your last bills? Do your last tax return? Clean out your house? Sell your stuff? Divide your stuff among your family? Who in your family gets your things? What about your late mum’s wedding ring that was meant to be passed to your kids?
The list of things to consider seems endless, but you have to start somewhere.
There’s a dangerous misconception in the public that things will just “happen” when you pass away and that’s not always correct.
When you don’t have a will, no one has the legal authority to finalise your affairs straight away. Your next of kin might be the most appropriate person, but without the Court’s approval, they don’t have the legal standing to take care of even the little things. And what about if there’s a dispute between family members as to who should look after your affairs? What about if things need to be done immediately? Who does them? And who’s going to be guardian to your children? The costs of sorting this all out after your gone can and usually does far outweigh the cost of doing a will now.
When you don’t have a will, the law sets out how your estate should be divided and it may not be what you want. How your estate is divided among family depends on what family you have; kids, partners; mum and dad.
Your family can be left with the overwhelming difficulty that is passing away without a will (otherwise known “intestate”).
Your will can always be updated and should be as your live evolves and changes with time.
Protect your family, protect your wishes. Now is the time; make a Will today.
Talk to one of our Solicitors. We can make it even easier by coming to you (at home or work) or even meeting via Skype or Live Meeting.