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‘The Law and You’ – October to December 2018

‘The Law and You’ – October to December 2018

Every week John Fradgley of Bell Legal Group presents a radio phone-in show ‘The Law and You’ on Gold Coast local radio station 4CRB.

See the subjects discussed by John and listen to a selection of shows from October to December 2018 below:

02/10/2018 (John Fradgley)

  • What issues do you need to consider when contemplating the transfer of a property to family either by gift or sale?
  • What options are available to exclude one child from inheriting your estate?
  • Are you entitled to refuse a bequest under a Will?
  • What costs are involved in the sale of your principal place of residence?
  • How do you convert a property held as tenants in common to joint tenants?
  • Is there a statute of limitations in relation to complaints about sexual misconduct?
  • What do you do if you purchase a vehicle and find that it is not clear of debt?

09/10/2018 (John Fradgley)

  • How much stamp duty is payable if you intend to transfer a home to family members who are presently living in the property;
  • What is involved in purchasing a block of land from a family member;
  • Who should you go to if you have a complaint about how your retail superannuation is being managed;
  • Is a Senior’s Card means tested and what is the difference between a Senior’s Card and a Senior’s Health Care Card;
  • What should you do if you get a parking fine that you don’t believe is justified;
  • Problems with a parking ticket issued for parking in a disabled parking space.

16/10/2018 (John Fradgley)

  • How should you complete a Death Benefit Nomination or Binding Death Benefit Nomination if you have no dependants;
  • What should your son do if he has debt problems weighing down;
  • Enduring Power of Attorney for brother-in-law having trouble with the Executor under a Will where a Testamentary Discretionary Trust has been established and what steps should they take;
  • Circumstances in which a bequest under a Will is adeemed;
  • How soon after separation can you seek an Order in relation to property settlement and does a joint tenant have a continuing obligation to pay expenses for a property owned jointly.

6/11/2018 (John Fradgley)

  • Problems with local quarries where gravel and large rocks fall from trucks causing damage to vehicles;
  • Does it matter if your Will does not have your up to date address;
  • What does compulsory third party insurance cover;
  • Can you be reimbursed for expenses you incur as Executor in seeking Probate;
  • Problems with privacy legislation where you need to obtain information from the police in relation to an insurance claim.

13/11/2018 (John Fradgley with Alex Wynn)

  • What is the role of a Justice of the Peace?
  • Dispute with neighbour concerning maintenance of land and trees on adjoining land;
  • Costs for a simple Will;
  • What is the best way of ensuring that an intended gift is received after someone’s death;
  • What do you do when an income protection insurer fails to honour the policy;
  • What rights do grandparents have in relation to access to their grandchildren when the parents split acrimoniously;
  • What rights does a parent have to take a child on a holiday overseas if the custodial parent is objecting.

20/11/2018 (John Fradley with Alex Wynn)

  • Where can you get free legal advice in Tweed Heads;
  • How can elderly people protect themselves against disclaimers and changes in conditions on electricity and insurance policies that come through from year to year;
  • Where do parents sit in terms of entitlement under the Estate of someone who dies without a Will;
  • What liability does an Attorney have when acting on behalf of someone under an Enduring Power of Attorney for losses they may cause to the person’s business;
  • Can a duplex be changed so that the land around each property becomes part of the Title of the property;
  • Pros and cons of transferring property inter vivos to potential beneficiaries under your Will;
  • What can you do when a recalcitrant Executor refuses to perform their duties.


  • Who pays when a neighbours trees fall on your property and cause damage;
  • Are you legally obliged to accept your spouse on discharge from hospital.

4/12/2018 (John Fradgley)

  • Estate Administration issues where a farming property owned by several brothers as tenants in common has a part share left to the infant children of a former girlfriend of the deceased;
  • How do you go about finding a lost Title Deed;
  • Is it necessary to replace an existing dividing fence just because your neighbours want a new fence;
  • Is there any recourse when a neighbour puts aluminium sheeting on their side of a good neighbour fence;
  • What can I do if I have allowed someone to store things in my garage and now they refuse to take them away

11/12/2018 (John Fradgley)

  • At 90 years of age what is more essential: setting up a Family Trust or having a good Will and Enduring Power of Attorney;
  • Does The Public Trustee charge fees to administer an Estate on an ongoing basis;
  • Discussion about the possible changes to the law in relation to organ donation making it necessary to opt out rather than to opt in;
  • Is a Will made 25 years ago still valid;
  • Is a spouse liable for the debts of their partner and if so under what circumstances;
  • How do you go about finding out whether you are still the Executor of a Will where someone dies overseas;
  • Is a car owned in joint names an asset that can be left under a Will or does it automatically pass to the surviving joint owner.


John will be back on air in 2019.


Please note the topics discussed in these radio shows are general in nature. They are not legal advice and should not be taken as such. If you have a legal query and would like advice or assistance, please call us on 07 5597 3366 or complete the ‘Contact Us’ form below.