Masons Solicitors Blog

Celebrating 40 years

Tue, 17 Mar 2026 23:12:54 GMT

Craig Mason admitted St Patrick's Day 1986 in Queensland

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Our Conveyancer's Guide For Off-The-Plan Purchases

Fri, 30 Dec 2022 04:17:13 GMT

If you're thinking of buying an off-the-plan property, there are a few things you need to know. Our conveyancer's guide for off-the-plan purchases will help you navigate the process and understand the risks and benefits involved. Read on for everything you need to know.

What Is An Off-the-plan Purchase?

An off-the-plan purchase is the buying of a property before it is built or during construction. It refers to the acquisition of buildings, apartments, townhouses and other real estate projects that are yet to be completed. During such purchases, buyers usually pay deposits and sign contracts for their chosen development, thus allowing them to be among the first to purchase when construction concludes. Off-the-plan purchases can offer buyers numerous benefits such as reduced prices and increased capital growth potential due to increased demand from future buyers.

The Benefits Of Buying Off The Plan

Buying off the plan offers a number of benefits:

Gain certain tax advantages and purchase a property before it is even built
Off the plan purchases can provide the perfect opportunity for investors who want to capitalise on appreciation in an area that is undergoing gentrification and rising values
As the buyer, you will have full control over the design of your new home, with features and finishes tailored to your individual tastes, while also potentially benefitting from cost savings due to bulk buying of materials
There is usually no requirement for a large deposit or stamp duty payments up front. Buying off the plan allows buyers to secure their desired property early, providing security and peace of mind

The Risks Of Buying Off The Plan

When it comes to buying off the plan, there are a few risks to consider. Firstly, the area may not have been developed at all or up to the advertised standard.

Secondly, there is a chance of incomplete infrastructure development – roads and utilities may be unfinished.

Thirdly, there is a risk of legal dispute between you and the developer if there are delays in construction or contract changes made by either party.

It is important to weigh these risks up against potential financial savings when considering whether buying off the plan is right for you.

Tips For Making An Informed Decision When Purchasing Off The Plan

Purchasing off the plan can be a smart investment due to increased future capital growth. To make an educated decision for this choice, there are several factors to consider.

Research the area and evaluate infrastructure, local services and demographics
Analyse developer track records and inspect any existing similar-style apartments in order to assess the layout and quality of build
Consider hidden extras such as extra fees that may not be immediately visible when investigating sale price

By taking these steps towards making an informed decision, buyers can move forward with confidence that their off-plan purchase is a sound one.

How Our Conveyancers Can Help You With Your Off-the-plan Purchase

Our experienced conveyancers are here to make your dream home purchase a reality. Whether it be an off-the-plan apartment, a brand-new house and land package, or any other form of property purchase, our dedicated team can guide you through the process and ensure your purchase is as efficiently managed as possible.

At Masons Solicitors , our services include checking contracts, legal advice on securing home loans and the investigation of potential risks related to the purchase, ensuring title transfers are complete and legal obligations have been met promptly.

If you are considering purchasing an off-the-plan property, get in touch via our contact form or call 07 4639 3116 to arrange a consultation with one of our experienced solicitors. Our team is experienced in handling these transactions and will work with you every step of the way to ensure a smooth purchase.

Have You Been Left Out Of A Will? What You Can Do

Mon, 28 Nov 2022 08:50:27 GMT

If you've been left out of a Will , you may be able to make a claim against it. In this post, we look at what options are available and how they work.

Talk to the Executor

Before you start any legal proceedings, a good first step is to talk to the Executor of the Will. The Executor is responsible for overseeing and carrying out the terms of your loved one’s Estate, so you should ask them why you have not been provided for adequately or left out altogether. This may help clear up matters before they become more serious.

Make a claim against the Will under Family Provision Legislation

If you are the intended beneficiary of a Will and feel that the testator has unfairly left you out, or not provided for you adequately, there is a possibility that you may be able to make a claim against their Estate. This is known as a Family Provision Claim, which is typically made by the children (including adoptive and step children), spouses or de-facto partners of the deceased.

In order to do this, however, it must first be proven that they had an obligation, under law, to provide for you. If they did have such an obligation (for example, because of a family relationship) and they failed to fulfil this duty, then your claim could be successful.

What are the grounds for overturning a Will?

You can apply to the Court to overturn a Will as long as any of the following can be proven:

There is evidence that the deceased did not create the document, for example the signature is noticeably incorrect compared with other legal documentation.
If the Will was written by someone who wasn't qualified to do so (ie a Solicitor), it's possible for a Court to overturn the Will and declare that it does not exist. The deceased may have been tricked into signing a document they didn't understand at all due to dementia or poor health, for example.
If you know the deceased lacked capacity to make a Will. For example, they had dementia and couldn't write their own name when they died.
If there are other signs of mental illness in their history (such as mental health treatment records) that could have impacted their soundness of mind in creating a Will.

What to be aware of before making a claim

1. The Court may look at all your financial circumstances

The Court may look at all your financial circumstances, including your assets and income and compare those with those of other people named in the Will. This is known as "comparative justice" and it's something that happens when someone is left out of a Will (or inheritance).

The Court will also consider whether you have any dependents who rely on you for support, such as children or elderly parents. If there are other people with a greater need for the money than yourself, your claim may not be successful.

2. You may need to pay legal costs if your claim is unsuccessful, or even if it is partially successful

If you decide to bring a claim against the Estate, your costs are likely to depend on the type of claim that you make. If the claim is successful, then those costs will be recovered from the Estate. However, it's still worth considering how much time and money will be involved in bringing a claim.

In some cases where there is a conflict between beneficiaries on matters such as who should receive an inheritance or what property should be sold to pay off debts, it may cost more for each beneficiary than if all parties were able to agree on how to deal with their entitlements.

Conclusion

To find out more about whether or not you could be entitled to make a claim against a Will you have been left out of, contact the expert legal team at Masons Solicitors today.

Estate Planning: What Assets Are Not Covered By Your Will?

Wed, 26 Oct 2022 23:37:58 GMT

When you're preparing your Will or organising estate planning , it's important you know which assets will and won't be covered - and thus won't be able to be distributed after you pass away. If you list an asset in your Will that can't be shared following your death, your Will won't achieve the intended benefits which you've spent time laying out. Wondering what is and isn't covered by your Will? Read on - we've put together this handy blog with all you need to know.

Co-owned Assets

You might own an asset with another person, either through joint ownership or as tenants in common. Most assets owned in this way are done so on the basis of joint ownership. When you pass away and you own such an asset as a joint owner - think of a co-owned bank account or an investment - your share goes automatically to the surviving co-owner, so it becomes almost as if you never had a share in the first place. If you own an asset through joint ownership and include that asset in your Will, your attempts to distribute the share yourself will fail.

Real estate properties form the majority of co-owned assets, and it will be indicated in the title whether the property is owned by joint owners or tenants in common.

Private Company Assets

If you own a company and have assets this company holds, you won't be able to distribute these assets even if you've requested such in your Will. Why? Even if you own all the company shares and are the only company director, it's the company that owns the assets. It's not your ability, for example, to distribute company property or vehicles because they're not yours. Many business owners forget that even if they use an asset themselves, it might not belong to them in name. If you own shares in the company, however, you do have control over this asset and can freely choose to whom it passes.

Family Trust Assets

If you have set up or transferred assets to a Family Trust, you might think you have control over these assets and can choose to whom they're distributed. But this isn't the case. Assets held in such a Trust are controlled by the trustee. While your Will might be able to control the Trust itself, the assets held in trust can't be distributed by you.

As Family Trusts are usually set up to protect assets or improve a tax situation, there's not always enough thought given to how the Trust and its assets will be controlled after death. It's important anyone who has established a Family Trust obtains advice to confirm who would control the trust after you pass away, to check how it would work, and to make changes if the test doesn't meet your standards.

Superannuation

Superannuation is not considered an asset of your personal estate, and the proceeds may or may not be paid into your estate after you pass away. In some instances, they might be paid to your dependents, completely skipping the estate.

You might have your super administered by a Fund Manager, or you might operate a self-managed super fund. Either your Manager or yourself will be the trustee of the fund.

Life Insurance

Even if you own a life insurance policy, it acts independently of your Will and the proceeds will usually pass to the policy's listed beneficiary, whom you will have chosen before your death. There are ways you can send your life insurance pay-out to your estate; you will need to speak with your insurance provider about listing your estate as the chosen beneficiary.

Preparing Your Will? Masons Solicitors Can Help

Estate planning and Will preparation isn't an easy process, and you want to make sure your assets will definitely go to your chosen beneficiaries after you pass away. That's where Masons Solicitors can help. Our team of experienced, friendly legal professionals is on hand to offer advice, help you draft your Will and safely store your important legal documents. Based in Toowoomba, we're on hand to help you achieve the best legal outcomes. Contact us today at (07) 4639 3116 .