February 2019

Welcome to our February E-News!

In this issue, you can learn more about:

 

              

Statutory Wills

Most people are not aware that it is possible to apply to the Queensland Supreme Court for the Court to make what is known as a 'statutory will' for someone who is unable themselves to make a will because of lack of capacity.  As you would imagine, the Court will not lightly make such a will, and will only do so in circumstances where the proposed will 'is or may be a will … the person would make if the person were to have testamentary capacity' (a slightly different test to that which applies in NSW and other jurisdictions).

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Commercial leases - Responsibility for repairs and maintenance

A commercial lease is a legally binding contract that gives a tenant certain rights over a property for a set period of time subject to the terms and conditions set out in the lease. A commercial lease is used when leasing property used primarily for a business.  You should never sign a lease without understanding all of its terms and conditions. If you don't understand what you are agreeing to you could experience serious financial and legal problems.

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A spouse or partner contesting a Will

All jurisdictions in Australia provide statutory rights for eligible persons to contest a Will on the basis that they have not been left adequate provision by the testator for their proper maintenance, education and advancement in life.  Strict time limits apply with respect to making a claim for family provision. 

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New year brings fresh faces to GW team

Garland Waddington welcomes some fresh faces in 2019, following the retirement in December 2018 of two long time members of our team, legal secretaries, Nicola Baker and Yvette Nicholls.

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If you need help, or have a question get in touch with us today.