Hopper Mott Bunting Lawyers

30/07/2026

I am an executor of a deceased estate, do I need to obtain a grant of probate?

A grant of probate is a Supreme Court document that is sometimes required when someone who has died leaves behind a will and their estate includes assets that need to be managed or distributed.

An executor is not always required to apply for probate however a grant of probate provides legal authority for the executor/s named in the will to manage the estate, ensures that the will is valid, and that the executor has the right to act on behalf of the deceased.

Probate is generally necessary in the following situations:

1. Bank Accounts and Investments: If the deceased had bank accounts, shares, or other investments that were held in their name alone, probate may be required to access and distribute these assets.

2. Refundable Accommodation Deposits: If the deceased resided in an aged care facility, probate may be required to release the Refundable Accommodation Deposit to the estate.

3. Debts: Probate ensures that the deceased’s debts are settled properly before the remaining assets are distributed to the beneficiaries.

4. Estate Disputes: In cases where there might be disputes or challenges regarding the will, having probate can help in resolving these issues by providing a clear legal framework.

If the estate is small or the assets are held jointly with someone else (like a joint bank account), probate might not be necessary. Accordingly, it is always a good idea to seek legal advice to determine whether probate is required in your specific situation.

For more information about probate and estates generally, refer to our website at https://hmblawyers.au/services/wills-and-estates/ or phone our office on (07) 3180 3580 See less

16/07/2026

Are you buying or selling a property?

Our property team can assist you with their expertise, knowledge and experience.

Whether it be:

*reviewing a contract prior to signing;
*buying or selling a residential house or unit;
*form 2 seller disclosures; or
*buying or selling commercial premises.

Call our friendly conveyancing team for more information on 07 3180 3580 or visit our website in our link Bio See less

Hopper Mott Bunting Lawyers

23/06/2026

Buying a House and wondering how long is the Cooling-Off Period?

Under Queensland law, most residential property contracts include a statutory cooling-off period of 5 business days, expiring at 5:00PM on the fifth business day. During this time, the buyer may terminate the contract.

The cooling-off period begins on the day the buyer receives a copy of the fully executed contract. If the fully signed contract is received on a weekend or public holiday, the cooling-off period begins on the next business day. The time of day the buyer receives the contract is not material.

Should the buyer terminate the contract under the cooling-off period, a termination penalty of 0.25% of the purchase price may be claimed by the seller (typically taken from the buyer's deposit).

16/06/2026

We strive to make estate planning as simple as possible! Check out our services below

11/03/2026

Watch this space! We are expanding our growing Cleveland office!

Visit our website to find out more about us!
https://hmblawyers.au

24/02/2026

Looking for a lawyer? We specialise in a diverse range of areas, these include:

- Wills & Estates
- Conveyancing
- Property
- Commercial
- Family
- Criminal
- Estate Administration and Litigation

We have offices in both Cleveland & Capalaba

You can contact us either:
Phone: 07 3180 3580
Email: [email protected]

Or visit our website by clicking the link down below. By exploring our website you'll discover a wider description of our services, blogs and you can even make enquiries through our website and one of our team members will be in touch!

17/02/2026

Make sure you contact your insurer or an insurance broker to obtain adequate insurance over the property you are intending to purchase. Even though you do not yet legally own the property, under the standard terms of an REIQ Contract, it is usually the Buyer's responsibility to have the property insured from 5:00PM on the first business day after the date of the contract. You never know what may happen especially with the unpredictable weather patterns in Queensland. https://hmblawyers.au

11/02/2026

1. Ask your Agent to send your Contract to our office.

2. Contact your Bank to let them know you have sold your property and sign a Discharge/Release Authority with the bank ensuring you have noted our details as a contact person.

3. Apply for an ATO Clearance Certificate also known as FRCGW Certificate from the Australian Taxation Office. All properties sold in Australia require each of the Sellers to provide a Clearance Certificate. If a Certificate is not provided, the Buyer is obliged to withhold and pay 15% of the sale price to the ATO from the Sellers settlement funds.

4. Check you have required documents to complete your Verification of Identity. This will include Driver's Licence and Passport, Marriage Certificate (if names differ on ID or Title to the property) OR Driver's Licence, Birth Certificate, Marriage Certificate (if applies) and Medicare Card.

16/01/2026

When should I make or update my Will?

When is a good time to make your Will? That is a great question. Our answer is that everyone who is an adult should have a Will, to ensure that your wishes are followed if the worst happens.

There are a few life milestones when it might be a good time to consider writing your first Will, or updating your existing one:

1. When you turn 18. In the eyes of the law, you are an adult when you turn 18 and have capacity to make a Will.

2. When you buy a house, or another significant asset. A Will directs what you want to do with your home, investment properties, and other assets.

3. Marriage or divorce. Even if you have a Will, did you know that in most cases your Will can be fully or partially revoked after these events?

4. Having children. If your children are under 18, you can also appoint guardians for them if you pass away while they are still in your care.

6. Health issues. If you are diagnosed with a serious, life-threatening, or terminal illness, this is a step you should consider to make sure your affairs are in order to give you peace of mind.

7. Changes to relationships. If a person named in your Will passes away, such as a beneficiary or executor, it might be a good time to review the Will. If you have appointed someone you no longer have a good relationship with, you should also consider changing your Will.

8. Retirement. As you approach retirement, and after transitioning, it is a good time to consider if your Will matches your future financial plans.

13/01/2026

Are you buying or selling a property?

Our property team can assist you with their expertise, knowledge and experience. Whether it be:

*reviewing a contract prior to signing;
*buying or selling a residential house or unit;
*form 2 seller disclosures; or
*buying or selling commercial premises.

Call us for more information on 07 3180 3580 or visit our website in our link Bio

Hopper Mott Bunting Lawyers