There are not many of us around – who actually love estate planning and commercial agreements…but we do, and we are looking for an exceptional team member to step into the shoes of one of our team who is moving overseas.
The position is for a 1-3 PAE lawyer with experience in estate planning, estate administration, commercial structuring, tax, superannuation and/or property law. We offer an above market remuneration package which is based on experience and capacity. We proactively evolve packages according to lawyer output and professional growth.
We are ideally looking for a 1-3 PAE lawyer and pay mid-tier packages based on experience. We value degree work in tax, succession, business structures and other commercial courses as well as experience in IT and legal software.
If you are a newly admitted solicitor who has worked as an estate and/or commercial paralegal or legal secretary for at least 2 years – we want to hear from you! If you are currently a sole practitioner and overwhelmed, we welcome you to contact us; we were there once and know the value of a team to inspire.
- Are a smallish team of dedicated professionals who each love our practice areas;
- Have an admin team however are organised, capable and self-managing;
- Have a flat management structure – and everyone gets in and just gets the work done;
- We love technology and try to simplify our day by creating systems and workflows;
- Have an HR manager who keeps us in check with “de-stressing” requirements because we are huge on work life balance;
- Discourage any engagement on the weekends as we believe we can be lawyers and have a life too;
- Work hard during the day when we are at work and leave at 5pm unless there is something urgent;
- Love to have team time and do out of office events whenever we can; and
- Love law and invest in technology to support our learning; CPD is only the start.
If you are looking for a career change in 2019, we want to hear from you. Your application should include:
2. Transcripts from university studies;
3. A writing sample comprising of a letter of advice, research paper or similar non-precedent type document; and
4. A description of your ideal position with salary packaging.
Applications close on 31 January 2019. Please submit all materials to: firstname.lastname@example.org or complete and submit using our online form below. For a confidential conversation, contact Office Manager Vicki Baker on 07 5574 3560. All applicants will be responded to.
Following your death, your Executor is responsible for the administration of your Estate; this includes calling in the assets of your Estate, attending to payment of debts and liabilities, and distributing the net proceeds to the beneficiaries in accordance with your Will (subject to any direction of the Court).
There are various debts that must be considered in Estate administration:
Funeral expenses may be paid directly from the deceased’s bank accounts upon presentation of a certified copy of the Will and the funeral account to the deceased’s financial institution (however, this will result in freezing the accounts).
Costs of administration of the Estate
The Executor is authorised to engage professionals to complete the necessary works to administer the Estate. In doing so, the Executor personally engages accountants, lawyers, agents and other professionals, and in doing so the Executor is generally entitled to a full right of indemnity from the Estate in relation to the reimbursement of such properly incurred costs as an administration expense.
Aside from funeral, testamentary and administration expenses of the Estate (which take priority to other Estate debts in accordance with the Succession Act 1981 (Qld)), the remaining debts of the deceased and Estate must be paid prior to distribution of the Estate to the beneficiaries.
The Executor is not personally liable for the payment of such expenses, but rather they are borne by the Estate. In the event that the Estate does not have sufficient assets to attend to payment of all such debts, the Estate may become insolvent and be declared bankrupt.
The Executor becomes personally responsible for payment of Estate debts only in the circumstance where administration of the Estate has been completed without the Executor having given proper statutory notice to potential claimants.
If you would like to discuss the administration of an Estate, please contact our team on 07 5574 3560 or via email to email@example.com.
An Enduring Power of Attorney appoints an “Attorney” to act on your behalf in relation to the administration of your affairs at a time of your choosing, including following your incapacity.
Such appointment can be made in relation to both financial and personal/health matters. Should no such document exists upon your incapacity, there are various courses of action that can be taken in relation to the appointment of persons to act for you.
Personal and Health Matters
Pursuant to section 63 of the Powers of Attorney Act 1998 (Qld) (the Act), your spouse (if the relationship is close and continuing) is considered as the statutory health attorney, and can make any decision about the health matter that the Principal could lawfully make if they had capacity (in accordance with section 62 of the Act).
In the event your spouse is unable or unwilling to act, the Act provides alternate appointments and an application can be made to the Queensland Civil and Administrative Tribunal (QCAT) for recognition of same.
QCAT can appoint a person to act as a Guardian for a person only if they are satisfied that the adult for whom the Guardian is appointed (the Principal) has impaired decision making capacity and that a decision maker is needed to ensure the Principal’s needs are met and protected.
Anyone who has a genuine and continuing interest in the welfare of the Principal can apply for appointment as the Guardian for such person. This power is not necessarily automatically given to your spouse.
Although there are provisions by which a health and finance attorney can be appointed to act on your behalf, this can be a lengthy and costly process and, in the event of your incapacity, can add additional stress to those persons already concerns for your welfare.
Further, a document specifically prepared by you which appoints your preferred Attorneys can provide additional instructions to such Attorneys (which instructions, if the Court were to make, would require additional processes and orders – some of which simply may not be possible). For example, in the event that you required your Attorney to deal with jointly held property or to make a nomination (binding or non-binding) to your superannuation trustee in relation to the payment of your member interests. As such terms can be important to the smooth and effective administration of your Estate, it is important to consider the drafting of a detailed Power of Attorney.
If you would like to discuss the drafting of your Enduring Power of Attorney, please contact Caitlin Bampton on 07 5574 3560 or via email to Caitlin@nautiluslaw.com.au.