Buying and selling residential property is arguably one of the most significant legal transactions of your life. As such, it is important that you receive concise and straightforward advice on how best to deal with the legal issues that affect your transaction.
Read moreA standard conveyancing transaction will include:
At HSH Lawyers we will ensure that your rights are protected and see that your property transaction is settled in a timely manner. Our highly experienced team will guide you through each step of the transaction, and cut through the complexities involved, to ensure that your sale or purchase proceeds without unnecessary delay or stress.
If you are selling your residential property, we have the knowledge and expertise to help you devise a suitable contract that will ensure you receive the most value for your property and help you avoid any issues that may impede or adversely affect the sale. If you are employing a Real Estate Agent to sell your property, we can also provide you with advice on the contract between you and your agent. By seeking our advice on these matters before entering into any agreements, you can avoid costly disputes that may arise in the future.
If you are buying a residential property, our team will ensure that your purchase is stress-free. We offer comprehensive advice on contracts that will help you avoid potential disputes and ensure that your purchase goes ahead without concern or delay. We suggest that you allow us to peruse your contract prior to your signing so that we can suggest any changes that may further protect your rights.
If you have difficulty in coming to one of our offices, our friendly efficient staff will come to you.
We offer an obligation free first consultation.
Preparing a will means that you stay in control. If you die without a legal will, the Succession Act legislates how your assets will be distributed, with all costs coming out of your estate. This means that if you die your spouse will have to share your estate with your children (if you have any).
To avoid losing control of how your estate is distributed, you should ensure that your will is always current. This is particularly important when selling or purchasing property and particularly when getting married and divorced or with the arrival of children and in a blended family situation.
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Our team is skilled in preparing wills in both simple and complex estates. We ensure that as much as the law allows, that your wishes are expressed in a legal framework and that strategies are employed to protect your family from unnecessary financial or legal problems.
Close attention is paid to areas such as the guardianship of your children and choosing and enduring attorney. We also pay attention to your wishes regarding your medical treatment by utilizing Advanced Health Directives.
Read moreDeceased Estates and Trust Administration
When the time comes for your wishes to be carried out, we have the expertise to ensure the intentions expressed in your will are fully realized.
In a practical sense, we can help your executor with such tasks as the collection of your assets, probate and transmission applications and the distribution of your estate. Having the professional services of an experienced team of lawyers will give your family peace of mind rather than putting your family under unnecessary stress at a difficult time .
Professional administration of your estate is essential, particularly in these times of increased litigation and contesting of wills. Our experienced team will ensure the management of your estate is undertaken efficiently and effectively so that it will be clearly and easily understood by everyone involved.
We have significant expertise in preparing, reviewing and advising on retail and commercial leases.
Read moreTenants
Rental costs are a significant proportion of overheads. It is important that you engage a commercial lawyer to review your lease before entering an arrangement that may have long term negative consequences for your business.
We can review and negotiate your retail or commercial lease so that you have certainty with regard to the key terms of a lease along with comfort that there are no “hidden” terms that will later become detrimental to your business.
Amongst other things, you should consider:
Landlords
We act for landlords to ensure the protection of their property rental income streams. Whether it be preparing and negotiating leases, acting on an assignment of lease, extending, amending or surrendering leases or recovering unpaid rent, you can be assured that our team will manage the project competently and cost effectively.
Retail landlords must adhere to the Retail Shop Leases Act 1994 (QLD). The key theme of this legislation is disclosure compliance, and we are experienced in assisting retail landlords to ensure that their leases are valid and their ongoing obligations under the Act are satisfied.
Maximising Returns on Business Transactions
Growing your commercial interests through a purchase or sale of business is something all business owners face as part of their life.
All these transactions bring with them legal and commercial issues that call for careful consideration and planning.
Read moreBuying a Business
Small to medium business acquisitions are often undertaken for a variety of reasons. Whether you are expanding an existing business or making a change for lifestyle reasons, we can assist to ensure the transaction is smooth and rewarding.
Unlike real property, the value of a business is largely intangible in the form of goodwill. A business is made up of a myriad of rights and assets which all operate together to produce profit.
In business acquisition, our role is to consolidate all of those parts to ensure that they will continue to operate effectively under new ownership.
When purchasing a business, there are a number of factors to consider:
Selling a Business
When selling a business, and realising its value, you should consider:
Share & Unit Sale Agreements
We are experienced in the drafting, negotiation and completion of share sale and unit sale agreements.
Share and unit sales are often conducted for tax planning reasons and can be more complex than business sales. They often involve the seller providing warranties for any 'skeletons in the closet' that may become the responsibility of the purchaser, such as unpaid tax.
Often a portion of the purchase price is held as a retention against any future claims against the seller of the company or unit trust.
An Enduring Power of Attorney (EPA) does not mean that you lose control! Instead, an EPA gives someone that you trust, perhaps your partner or child, the authority to make decisions for you when you are unable to make them for yourself. If you do not have an EPA, your family or friends may have to endure a process of investigation and possibly a hearing through the legal system to decide whether it is necessary to appoint you a Guardian (for health & lifestyle decisions) or an Administrator (for financial decisions). This process is lengthy, complicated and expensive, and you have no say in who gets appointed to be your Guardian or Administrator.
Another benefit of having an EPA is that you decide whether your EPA comes into effect immediately, or at some future point in time. We can explain this to you.
Read moreAdvanced Health Directives
An Advanced Health Directive puts you in complete control of your life when you are hospitalised in a terminal state. It directs what treatment you do and do not want to receive. The document is signed by your local GP who will have discussed the matter with you to ensure that you fully understand the conditions. It has an in built Power of Attorney in it so that someone can make the decision on your behalf should any further treatment not be an option.
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