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Frequently Asked Questions

Just like you, we hate ambiguity. You’ve probably got a million questions – we are here to clarify.

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Commercial & Business

When thinking of buying a business, you must first assess the commercial merits yourself, from then we can point out the legal pitfalls. After that, the performance of the business is up to the operator.

If you would like to remain in your premises it is common that your initial lease will detail a pre-agreed further term. As a Tenant it is important to exercise an option to renew a lease within the stipulated timeframe and giving proper written notice as required by the terms of the lease. Avoid disputes and confusions down the track and speak to our team today.


When you come to us for litigation matters, a costs agreement regime is very beneficial, as is honesty and transparency from the outset.

We take the time to listen, collect information and offer clear advice. Our job is to ensure you understand the legal process and options available to you. or most clients, reaching a result that you can live with is more practical and sensible than prolonging a dispute. For some disputes, court-based litigation is unavoidable.

Various Court processes will afford you with opportunities to mediate your dispute. Having a dispute resolution lawyer that is experienced in reaching agreements via negotiation is important. The length and cost of the dispute will be impacted by may factors. We will set out clear cost agreements and plans so you will always know where you stand.


It depends on the assets of the Estate. In Queensland, you do not automatically have to apply for Probate if you own property. In New South Wales, if the deceased owns property, then Probate is required.

The process takes about 3-4 months.

We recommend that the funds be distributed after 6 months from the date of death. When Probate is required, this timeframe could be longer.


In Queensland, your estate will be distributed in accordance with the Succession Act Qld 1981. It will be necessary for your next of kin to apply for Letters of Administration of your Estate. This process is similar to obtaining Probate.

In Queensland, your estate will first go to your next of kin, which is your spouse or de facto partner, and issue (children, grandchildren).

No, you do not need to have a new Will prepared each time you or anyone else named in your Will moves address. Your most recent Will is still valid. If you would like however, you can provide the new details to our office in an email and we can add this to your security packet so that your Executors/Beneficiaries can be easily contacted. We recommend that will are reviewed each 3-4 years or more frequently with changes in life like purchase or sale of property, separation or divorce etc.

Yes – we can provide you with a certified copy or copies (as required) of the document as a complimentary service offered by our firm.

You will both need to have new Wills drawn up as separate documents – a Will for you and a Will for your partner.

Yes! Wishes Change – big life moments such as getting married, separated or divorced, starting a family, retiring or making significant changes to your assets or finances highlight the importance of our changing wishes. Speak to our team today to discuss your advance life planning documents such as your Will or enduring power of attorney.


Before forwarding the building and pest report to your Arcuri Turnbull Law conveyancer for either rectifications or a reduction in purchase price, please include a further explanation or instructions surrounding negotiations with the building and pest condition. These need to be itemised and written instructions forwarded along with the report before we can make any requests.  The seller can either deny the request, negotiate further or agree to the request.

Late payment of deposits to stakeholders (especially the balance deposit) means the Buyer will be in default of the contract if the deposit is not paid on the date shown in the reference schedule.  Evidence of an electronic transaction can be provided to the deposit holder and this is taken as being received on the due date.

We recommend that you advise the Agent of our contact details now so that our details can be inserted into the Contract once you have verbally accepted an offer. If you are unsure of the terms of the Contract and would like our office to review the Contract, please ask the Agent to email the Contract to us prior to signing. Once the terms have been agreed upon and a Contract has been signed by both parties, the Agent will send our office a copy of the Contract and we will open a file and email you our initial information pack.

As settlements nowadays are conducted electronically (via the PEXA platform), your sale and purchase settlements can be “linked” making it is a seamless process to utilise any surplus funds from your sale towards your purchase settlement, payout any existing mortgage/s on the property you are selling, and for your financier to advance any additional funds required for your purchase, allowing for both transactions to occur “simultaneously” and for you to be able to move into your new property on the day of settlement, once settlement has been effected.

New Contracts for the Sale of Land have just been released by the REIQ and there are significant practical changes in the new contracts. Changes are around Settlement Date Extensions, Deposits payments by electronic transfer, Smoke Alarms, Pool Compliance Certificate, Seller’s Warranties and Services on the land. Not sure how these changes impact your Sale or Purchase? Get in touch with our Conveyancing Team today.

Family Law

Property division during a divorce or separation is governed by the Family Law Act 1975. If the parties have reached an agreement about dividing the property pool, you can document your agreement via Consent Orders or a Financial Agreement in accordance with the Family Law Act 1975. If you and your partner cannot reach an agreement about the property division, you can make an application to the Court for orders.

Consent Orders and Binding Financial Agreements are both ways of settling property and financial matters between parties in a family law dispute. Consent Orders are approved by the court and are more final, while BFAs are private agreements between parties that are not approved by the court and are more flexible. For Consent Orders, the parties must file an application with the court and provide full financial disclosure. The court will then consider the orders and, if they are satisfied that they are fair and reasonable, approve them. For BFAs, parties must obtain independent legal advice and sign the agreement in the presence of their legal practitioner.

By creating a parenting plan which sets out the arrangements for parenting and visitation. The plan should cover issues such as where the children will live, how much time they will spend with each parent, and how major decisions will be made. It’s important to make sure the plan is in the best interests of the children.

General FAQs

We are required to verify each client’s identity even when we have acted previously.  ID on file must be current.  Verification can be completed face to face or via the InfoTrack VOI link where clients can upload their identity documents if they are unable to attend the office.

It is highly encouraged for clients to complete the Discharge Authority and return as soon as possible to ensure there are no delays with their bank in relation to preparing a Release of Mortgage and payout figure for settlement. Bank processing times vary with each institution.

A property is the biggest investment many of us will make so it is important to ensure that the contract you are signing is correct for you, even if it looks ‘standard’. 
Taking the time to get advice initially can minimise the headaches later, whether you are buying or selling.

Our Firm offers quality service with direct contact with our conveyancing manager and solicitor.  Our conveyancing staff strive to ensure that your property matter is dealt with in a smooth and efficient manner from start to finish whereby nothing is overlooked.

A Law Firm Truly Working For You
Arcuri Turnbull Law
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