Category: Law

Solicitor Gold Coast- Handling the demise of a loved one

 

Losing a family member or a loved one is the most grievous part of life. The emotional turmoil can make anyone feel bewildered. However there are several legal obligations to be addressed. The following are a few important legal procedures which an individual has to take when a loved one passes away.

Advice from solicitor in Gold Coast

  • Confirmation of death.  The first thing you need to do is to confirm the death of your loved one. It requires a certificate issued by a medical professional like a doctor or a paramedic who officially pronounces the person deceased.
  • Notify relevant authorities. Once the death is confirmed, it is necessary to notify the relevant authorities. You may need to contact the funeral director or even the local police if the death has occurred at home or in suspicious circumstances.
  • Obtaining a death certificate. The death certificate is an important legal document that records all details of the person who passed away. In Gold Coast, the Registry of Births, Deaths, and Marriages issues the death certificate.
  • Arrange the funeral.  A funeral or memorial service is an important part of the grieving process. The family members work with the funeral director to make the arrangements for the service or the burial according to the deceased person’s wishes.
  • Addressing the will. If the deceased person has left a will you must locate the original document. It comprises the deceased wishes regarding the distribution of assets and appointment of executors and other funeral instructions. If the will is not found you might need to get legal advice on how you should proceed.
  • Applying for probate.  If the estate requires probate, the executor named in the will must apply to the Supreme Court of Queensland for a grant of probate. A probate is important especially when the estate includes assets like property, shares or substantial savings. The probate involves submitting the will and doctor documents to the court for validation.
  • Notifying relevant financial institutions and agencies. The family members also need to notify financial institutions and agencies about the person’s death. Banks, insurance companies and utility companies need to be notified of the passing. Cancel the services of subscription in the deceased name to avoid unnecessary charges.
  • Settling debts and distribution of assets.  When the probate has been granted, the assets have to be identified along with the liabilities. The executioner settles the debts and distributes the assets to the beneficiaries according to the will. If there is no will then the assets are distributed according to the Intestacy law. It might involve selling property, closing accounts and transferring ownership of assets.
  • Finalizing affairs. Once the debts have been settled and the assets distributed, the executioner finalizes the estate administration process. The final tax returns are prepared for the deceased person and are sent for clearance from the Australian Taxation Office.

It is crucial to deal with the legalities when a loved one passes away. It is also necessary to understand how things should be done to alleviate some of the stress. Get guidance from legal professionals like solicitors on the Gold Coast to get valuable support and ensure all legal obligations are met according to Queensland law.

 

For more information, please visit https://www.marinolaw.com.au/gold-coast-conveyancing/. Continue reading

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What Can Defamation Lawyers Brisbane Handle?

 

People and businesses in Brisbane and around the globe want to protect their reputations at all costs. Important consequences result when someone or an entity makes a damaging claim against your reputation. The damage done by defamation can negatively impact your life for a long time.

This is why retaining legal assistance from defamation lawyers Brisbane should be the first option when defamation occurs.

 

What is Defamation?

 

The process of making statements or claims that damage a person’s reputation is called defamation. However, defamation is not simply writing or saying something rude or hurtful towards another person.

Libel (written) and slander (verbal) are the two types of defamation. A defamation claim can be filed for the following reasons:

 

False statement

A demonstrably false statement against another person can be considered grounds for a defamation claim. For instance, a person claiming that another person is a thief is he/she is one. However, if the person never stole anything in their life, the claim becomes defamatory to the reputation of the person in question. The damage caused by the defamatory claim could significantly impact his/her life including future job opportunities.

A false statement harming the reputation of a person qualifies for a defamation claim. However, not all false statements fall under defamation. A false statement that does not damage a person’s reputation cannot result in a defamation process.

For instance, a person falsely saying that a person lives in a condominium when in fact they live in a high-rise apartment building is not considered defamatory. While it is a false statement, it does not, in any way, damage the reputation of a person.

 

Third-party publication or statement

A confrontation between two people without the presence of a third party cannot make a defamation claim. False information told to the public, damaging the reputation of an individual allows for a defamation case.

For instance, a published work or an interview where a false statement or information is made is at risk for a defamation claim.

 

Negligent and malicious statement

There are times when false statements are inadvertently made. The statement stated without malicious intent does not constitute grounds for a defamation suit. However, sharing false information intended to harm another, or disregard the impact on his/her reputation can result in a defamation case.

 

Reputation damaged due to the false statement

Suffering harm or damage from the false statement allows the person in question to file for a defamation case. The compensation provided by a defamation lawsuit is to cover losses suffered by an individual because of the false statement.

However, an individual does not have a case if no harm happened to the alleged defamatory statement made by another person. Harm to one’s reputation happens when:

  • The false information denied a person to get promoted or avail of a job opportunity
  • Loss of income or job loss as a direct result of the false statement
  • Medical bill expenses for therapy as a way to cope with the backlash brought about by the false statement

Defamation involves many forms. Skilled defamation lawyers, Brisbane are the experts who can guide you regardless of the type of defamation case you have.

Proving a defamation case could be quite difficult when they are not assisted by experienced defamation lawyers, Brisbane.

 

Ask Brisbane’s leading defamation lawyers for more information.

 

 

 

 

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Family law in Mackay- a guide to help you find the right family lawyer

 

Dealing with family law issues can be complex and emotionally challenging. In Mackay, individuals who are facing family law matters require the guidance of an experienced legal professional. The following are the few guidelines to help you understand family law in Australia and guidance on how you should select the right family lawyer. What do Continue reading

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Qualifications Lawyers Must Have to Practice Law

 

In order to practice law, lawyers must have certain qualifications. There are many different kinds of qualifications. These include writing and passing the bar exam, the General requirements for admission to the bar, and specific requirements to practice law in a particular country. Below, you’ll find information on each of these three types of requirements. Continue reading

Commercial Lawyers Gold Coast

 

In today’s business world, you need an experienced commercial lawyer to reassure you and your business that everything is going to be alright. A commercial lawyer who promises to look after the interests of your business undertakings, it is fulfilling to have someone take care of you in legal matters. A commercial lawyer ought to have your commercial interests at heart because you pay them for those services after all. It is one thing to have interests at heart and it the other to have a solid experience in legal matters. A commercial lawyer should be able to catch up with issues and available all the time when your business needs them because time is money, and it is the reason why we do business. A contracted commercial lawyer should handle your business legal needs with the utmost respect and with high diligence and professionalism and in private fashion

There core reason they are part of business dealings is that they have an eye that has risk detection abilities so that they advise businesses accordingly to their clients, their risk assessment strategies should guide businesses to follow the correct legal paths in their day to day operations.

 

What commercial lawyers do for businesses

 

Corporate and commercial law

They take care of commercial laws applicable to trading activities and the rights of all parties involved in any business transactions like business engagements, deals to do with merchandising, business registration and trademarks, local sales and trading operations. They deal with private and public entities in guiding in line with the rule of law.

 

Dispute resolution and litigation

Commercial lawyers provide dispute resolutions to their clients that are in line with business undertakings with a creative approach and practical advice that is focused on strategic and commercial business operations. Their services range from dispute resolution, mediation, negotiating on behalf of the client, reconciliation, resolution and in the worst scenarios defend their clients by formulating courtroom strategies that win cases on behalf of the clients.

 

Property conveyancing

Conveyancing is a legal term that is commonly used in the property field while selling or buying a commercial or residential property. Buying or selling a property can elicit emotive ramifications to both parties involved in the transaction. Commercial lawyers are specialists who can handle this whole thing soberly in a simple and speedily process with a smile on their faces and with the springs in their feet. If you luckily come across a property to let and fell in love, and you have a budget for, luckily made an offer and accepted, your next stop shop should be at the commercial lawyers’ office who has conveyancing experience to facilitate the tedious paperwork and prepare every other tit and bit beforehand.

 

Startups

A startup is a company founded by an entrepreneur with the sole purpose of developing unique products or services to the market. To develop a startup is not a walk in the park, it involves some tedious processes that require the help of a commercial lawyer for advice and to handle all the numerous legal matters that are prerequisites before rock and roll. These legal matters affect the startup in one way or the other and need to be addressed first to pave the way for a smooth process. Another challenge facing many startups is the means of raising funds for financing the processes involved before the idea reaches the ceiling.

Bruce Legal are commercial lawyers in Gold Coast that you could approach for any legal needs your company may have.

 

 

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