Sunland Legal
Estate Administration
Finalising and distribution of deceased estate assets to beneficiaries
Estate Planning
Wills, Enduring Power of Attorney, Advance Health Directives, Testamentary Trust
Elder Law
Retirement living and Aged Care
About Us
Sunland Legal is a Queensland based Law firms providing assistance to clients in the areas of Estate Planning and Administration, Elder Law, Commercial Law, Conveyancing, Litigation and Dispute Resolution and Family Law.
We provide our services in person and online as is best required. Operating our files purely electronically allows us to work where and when we like and need. Our physical “Head Office” in Suite 1, Mainsail Centre, 2 Otranto Avenue, Caloundra. Our “usual” by appointment office hours are 8:30am to 5pm Monday to Friday. However, we are often working elsewhere with clients as we enjoy getting out of the office.
Property & Conveyancing
- Purchase of property
- Sale of property
Commercial Law
Business, Property, Companies, Trusts, Partnerships, Real Estate rent rolls, Hotels, Motels, Mining leases, Property Development, Medical Practices, Loans, Mortgages
Commercial Dispute Resolution
- Litigation
- Contract Disputes
- Estate Litigation
- Family Disputes
Family Law
- Property Settlement
- Consent Orders
- Binding Financial Agreements
- Divorce
Experience You Can Trust
Buying or Selling a property?
Making a Will or Enduring Power of Attorney?
Business advice?
Sorting out a deceased estate?
Entering into a Retirement Home?
Sorting out Financial and Property with your ex partner?
Recovering a Debt?
Resolving a Dispute?
Leasing a property?
We can help!
Our Firm Will Fight for You
Bob Condon is the principal director of Sunland Legal and has been a practising solicitor for over 25 years. Funland Pty Ltd trading as Sunland Legal is an incorporated legal practice.
(07) 45 800 727
Contact Us
Sunland Legal
Contact Info
Suite 1, 2 Otranto Avenue, Caloundra Qld 4551
P.O. Box 1957 Caloundra Qld 4551
(07) 45 800 727
Commercial and Business Law
How can we help you?
Commercial and Rural Property
We assist clients with the purchase and sale of commercial property all over Queensland. We also assist with development, approvals, disputes and advice relating to Commercial Property.
Rural conveyancing is one of our specialities. This includes related matters like water licences, leases, livestock, cropping, dairies and forestry.
Business Law
Clients we act for have all types of businesses including:
Retail
Real Estate Agents – including rent role sales and purchases
Medical Professionals
Accountants and Financial Professionals
Builders and Tradespeople
Hospitality, Cafes and Restaurants
Tourism businesses
Hotel and Motel Operators
Mining and related industries
And the list goes one.
We can assist with purchases, sales, structuring advice, disputes, employments issues, intellectual property and most matters relating to all things business.
Legal costs for Commercial and Business matters
We typically meet with our clients for an initial no obligation meeting to discuss their needs. From this we are able to give our clients a quote for costs involved. Our clients can then choose what they want to do and whether they wish to engage us before it costs them anything.
Other Matters…
There are many areas that relate to estate administration where we also are able to advise and assist our clients including:
Asset Protection
Entity and Structure Advice
Tax related advice
Property matters
Family Law
Dispute resolution
Litigation and Debt Recovery
And the list goes one.
Call us is you want excellent start to finish Commercial and Business Law assistance.
Conveyancing
We help you buy and sell real estate
What is Conveyancing?
Conveyancing is the process of acting for someone in the purchase or sale of real property. This include many different types of property like:
First home
Vacant Land
Investment property
Unit (Body Corporate properties)
Commercial property
Rural property
Lifestyle acreage
Property to be built on, developed, subdivided or improved
Conveyencing Sunshine Coast
When we act for our clients, typically we deal with all matters in the conveyancing process from advice before they sign a contract right up to completion and everything in between. What we do for a Buyer when purchasing a property is different to the work we conduct for a seller selling their property.
Buying a property
The most important thing that we can do for a Buyer to is to ensure they get what they are paying for. This is more than just completing a transaction and paying for the property and having it transferred into their name. It involves providing advice, ideally prior to entering into a contract, conducting searches to find out the critical and important information about the property. It may also mean advising on how to best structure the contract and purchase generally.
We also advise buyers on the loan they may be taking from their bank. Quite often we will need to review a loan or mortgage.
BEST CONVEYANCING ADVICE
Call us now before you sign anything! We can give you a basic guide over the phone to start with and an estimate of costs.
This is at no obligation to you!
Selling a property
When acting for a Seller, the most important thing is that they receive their sale price in accordance with the terms of the contract. Ideally, we get to provide advice to sellers before they sign a contract. This way a seller can ensure they have properly disclosed what is required and that they can meet their warranty obligations under the contract. We also assist sellers with advice regarding any loan that must be repaid on settlement or related advice regarding their estate planning or tax advice that they need as a result of the proposed sale.
We also advise buyers on the loan they may be taking from their bank. Quite often we will need to review a loan or mortgage.
Legal costs for buying
When acting for a Seller, the most important thing is that they receive their sale price in accordance with the terms of the contract. Ideally, we get to provide advice to sellers before they sign a contract. This way a seller can ensure they have properly disclosed what is required and that they can meet their warranty obligations under the contract. We also assist sellers with advice regarding any loan that must be repaid on settlement or related advice regarding their estate planning or tax advice that they need as a result of the proposed sale.
We also advise buyers on the loan they may be taking from their bank. Quite often we will need to review a loan or mortgage.
There are 4 main parts to the costs for conveyancing when we are acting for a Buyer
Outlays
Outlays for searches we conduct on the property. Our clients pay what we are charged for these searches. The searches we make depends on the type of property and the requirements of each buyer. We are able to give a guide to a buyer beforehand and they can choose what searches they want us to conduct.
Titles Office Registration fees
These are the charges payable to the Titles Office in order to register a transfer of property into the name of the buyer. Like stamp duty, these fees are calculated on the number of lots the buyer is purchasing and the amount of purchase price.
Stamp Duty
This is basically a “tax” that is charged by the state government based on the purchase price of the property. It is calculated on a sliding scale (it increases as the price increases). There are exemptions and reduced amounts of stamp duty payable depending on whether it is your home and whether you have owned property before. We assist clients to ensure they obtain the appropriate exemption and that they know and understand when it is payable.
Professional fees
These are the fees we charge the Buyer for actually doing the conveyancing work.
The amount depends on what is involved and the type of property being purchased.
We are able to give our clients a clear estimate of fees up front before they engage us to act on their behalf.
Legal costs for selling
What are the Legal Costs of selling?
When acting for a seller the costs are in two parts:
- Outlays for any necessary searches. This is normally very minimal as it may only involve one or two searches which might amount to less than $50.
- Professional fees – These are the fees we charge a seller when we act for them in the sale of their property. Whilst there is less involved (normally) for us when acting for a seller, there are still important steps and advice to provide. As with all of our fees we are able to give our sellers a cost up front before they engage us once we know what they are selling and what is involved.
Other Matters…
There are many areas that relate to the sale or purchase of property where we also are able to advise and assist our clients including:
Asset Protection
Entity and Structure Advice
Tax related advice
Estate Planning
Water licences
Leasing
Call us is you want excellent start to finish conveyancing assistance.
Many clients (particularly first home buyers) have many questions like:
- When do I pay my deposit?
- What is Stamp Duty?
- What searches do I need to do?
- What else should I know?
- What name goes on the contract?
- What ID is required?
- When do I insure the property?
- What happens if my finance is not approved?
- What is settlement?
- Who does the building inspection cover?
- When do I get the keys?
- What about the real estate agent’s commission?
None of these are silly questions. We pride ourselves in providing detailed guidance to our clients from our first meeting so they are never left wondering what happens next. We also work with other parties involved in our client’s conveyancing process like their bank, real estate agent, building inspector and accountant.
Estate Administration
Who sorts everything out when I die?
What is Estate Administration?
Estate Administration is the process of sorting out a person estate after they die. Typically we will be holding a client’s will and are appointed to assist with the administration of the deceased’s estate by the executor.
Depending on what the assets and liabilities and who beneficiaries are, affects what is required to be done.
What are the typical documents involved?
What are the typical documents involved?
For example we may need to assist with;
Ascertaining what is in the estate
Redeeming funds from bank accounts
Selling property and other assets;
Taxation matters
Paying out loans
Resolving disputes or potential claims
Distribution of assets to beneficiaries
Typically, funds redeemed for the estate from bank and the sale of property etc are held in our trust account. These funds can be used by the executor to pay for the liabilities and costs incurred by the estate. The balance of the funds can then be distributed from our trust account to the beneficiaries of the estate as directed by the executor.
Probate – What’s that?
What is Probate? In some circumstances the estate can not be administering without obtaining Probate of the original Will. Probate is the process of proving to the Supreme Court that the Will is the LAST Will of the deceased. It (typically) is a paper application to the Court and also involves a process of advertising and notifying to the Public Trustee that the executor is applying for Probate.
Once Probate is obtained then it can be used to validate with Banks etc that the Executor has the legal right to deal with the estate of the deceased.
What are the legal costs for Estate Administration?
We typically meet with our clients for an initial no obligation meeting to discuss the particular estate that needs to be administered. From this we are able to give our clients a quote for costs involved. Our clients can then choose what they want to do and whether they wish to engage us before it costs them anything.
Costs for estate administration (because every estate is a different scenario) can be from a several thousand dollars depending on what is required. Typically the costs of administration are paid from the estate funds as they are redeemed.
Other Matters…
There are many areas that relate to the sale or purchase of property where we also are able to advise and assist our clients including:
Asset Protection
Entity and Structure Advice
Tax related advice
Estate Planning
Water licences
Leasing
Call us is you want excellent start to finish conveyancing assistance.
Queensland Law Firm
Wills and Estate Planning
What happens when…
What is Estate Planning?
Estate Planning is about planning for the future. The reality is life doesn’t tell us what is going to happen and when.If we don’t properly prepare for the future then when an event occurs the law determines how things play out. This may not match up with what we want or need.This is why estate planning is so important.
Estate planning can involve a number of things from having a simple will prepared to drafting documents involving complicated business structures like shareholder agreements for your company and everything in between.
What are the typical documents involved?
Will
Your Last Will and Testament is a document that operates once you die. In your Will typically there are 4 different types of people;
- You are the Testator or Will maker
- Executors – These are the People that you appoint to take control of your estate. Your executors call in your assets, pay out any bills owed by your estate. Your executors then finalise your estate administration by passing on the balance of your estate to your beneficiaries;
- Beneficiaries – these are the people that will benefit from your estate. Executors and Beneficiaries can be the same people;
- Guardians – These are the people that you appoint to look after any infant children.
Everyone has a different scenario, however a typical scenario of a marries Husband and Wife situation would be where:
Wife appoints Husband as Executor and leaves everything to him as sole Beneficiary. The Wife may then appoint here brother and her sister in law as default executors. She may then leave everything to the 3 children she has with her husband to be held on trust until the children turn 25 years old. She may also appoint her parents as Guardians for their children.
The Husband may then have a will that “mirrors” the Wife’s will.
BUT this is just an example – the reality is No one has a “normal” scenario and it is very common to have to cater for many different that involve;
- Defacto partners
- Children to previous relationships
- Same sex marriages
- Beneficiaries with difficult circumstances – Mental illness, addiction, financial problems
- Business relationship
- Different structures including companies, trusts
- Assets owned with other parties
- Life insurance
- Superannuation
- Specific gifts of particular assets
- Loans
And the list goes on…….
Enduring Power of Attorney
Your Enduring Power of Attorney is the document that operates while you are alive only. Once you die it ceases to be of effect and then your Will comes in to operation.
An Enduring Power of Attorney is where you appoint people you trust to make Legal, Financial and Health decisions for you.
You can appoint up to 4 attorneys. You can appoint different attorneys for different types of decisions.
You can also choose when you want your attorneys to make financial decisions for you. i.e. you may want or need to then to make financial decisions for you now or at a certain date in the future and not just when you lose capacity to make decisions for yourself.
Your attorney can only personal and health decision IF you lose the mental capacity to make decisions for yourself.
Advance Health Directive
This documents also operates whilst you are alive. It goes a step further than an Enduring Power of Attorney. In your Enduring Power of Attorney you appoint people to make decisions for you, in your Advance Health Directive, you give health directions now in advance of something happening to you in the future. It operates when you can not communicate and mostly when you are not going to survive. You complete the Advance Health Directive now with your Doctor. Your GP will explain the different medical scenarios and you can make particular choices. This document is then provided by your loved ones in the future to medical staff if you can not communicate.
Legal costs for Estate Planning
We typically meet with our clients for an initial no obligation meeting to discuss their particular estate planning needs. From this we are able to give our clients a quote for costs involved. Our clients can then choose what they want to do and whether they wish to engage us before it costs them anything.
Costs for estate planning (because of everyone’s different scenario) can vary from a several hundred dollars per person to several thousand depending on what is required.