A provision has been included in the will precedents to provide for the resignation of a trustee without being replaced, provided one remains.
Probate filing fees
The Supreme Court Probate filing fees have been updated in the retainer instructions and in the costs agreements. 1 July 2017
Estate filing fees
The costs agreements and retainer instructions have been updated to reflect changes to the Supreme Court filing fees.
Businesses changing hands
The commentary was updated to include an expanded discussion about employment agreements and the handling of employee entitlements when a business changes hands.
Assets and liabilities list
A new ‘tear off’ assets and liabilities list has been added to the retainer instructions Wills, powers of attorney precedent. This list may assist clients when they wish to provide more detail in their planning, as well retained by the client with their personal documents.
Conveyancing – Lexon
Precedents are current with the Lexon update for 1 July 2017.
Domestic violence (QLD)
Commentary has been updated to reflect recent amendments introduced by the Domestic & Family Violence Protection and Other Legislation Amendment Act 2016.
QLD – Office of State Revenue amendments
First Home Buyer Grant
The First Home Buyer Grant of $20,000 has been extended to 31 December 2017.
Land tax
An ‘absentee surcharge’ introduced from the 2017-2018 financial year. A 1.5% surcharge will be imposed on individuals not ordinarily residing in Australia and who are liable for land tax.
From 1 July 2017 – Foreign Resident Capital Gains Withholding Payments
For contracts entered into on or after 1 July 2017 the new foreign resident capital gains withholding (FRCGW) rate and threshold will apply to:
- real property disposals where the contract price is $750,000 and above (currently $2 million); and
- the FRCGW withholding tax rate will be 12.5% (currently 10%).
All precedents and commentaries were updated to reflect these changes.
QLD – Stepchild includes child of party to de facto relationship
The definition of a stepchild has been extended to include the child of a party to a de facto relationship, so a stepchild of the de facto testator is capable of bringing a claim against the testator’s estate as the deceased step-parent: s 40A Succession Act 1981.