Do we both need our own lawyer?

Yes. A granny flat arrangement involves competing interests — the older person contributing money and the owner holding the house — so one solicitor cannot act for everyone. We usually act for one side and the other side gets independent advice, which is also what protects the agreement if it is ever challenged.

What should we bring to the first appointment?

The title details for the property, any council approval for the granny flat, an idea of the contribution and where it is coming from, and both parties' current wills and enduring powers of attorney if they exist. Our granny flat questions checklist covers the rest.

Will this affect the age pension?

It can. Centrelink has a specific granny flat interest concept and a reasonableness test. A genuine, properly documented arrangement can avoid the five-year gifting rules, while a loose transfer of money often will not. We work through it before anything is paid.

How much does the advice cost?

The first discussion is obligation free and we quote a fixed fee in writing before any drafting starts. Call 0488 340 853 if you would rather talk it through first.

Elder law

Granny flat consultation

Name: Coastside Law
Address: 40 Theresa Street, Golden Beach, QLD, 4551, AU
Telephone: 0488 340 853
Price range: $$

Moving in with family and putting money in? Tell us who you are in the arrangement, the age of the older person and where the funds are coming from, and we'll come back with the structure options and a fixed fee.

What we cover

What the older person actually receives — title share, lease, right to reside or a repayable loan.
How the money comes back on aged care, sale, separation, bankruptcy or death.
Centrelink granny flat interest and the gifting rules.
Transfer duty, CGT and updating both wills at the same time.

Before you come in

Granny flat questions checklist (PDF)

Two pages of the questions every family should answer in writing before money changes hands.

Where we meet

40 Theresa Street, Golden Beach QLD 4551

0488 340 853

We also attend clients at home or in aged care around Caloundra when getting out is difficult.

Not sure which structure suits? Compare ownership, life interests, leases and licences.

Request a granny flat consultation

Six quick questions so we can prepare before we speak. Everyone in a granny flat arrangement needs their own advice — tell us which side you are on.

Your name

Phone

Your role in the arrangement

Age of the older person

Where is the money coming from?

Approximate contribution (optional)

Property suburb (if known)

How would you like to meet?

Anything else we should know? (optional)

Sending an enquiry does not create a lawyer–client relationship. Please don't include confidential information until we've confirmed we can act for you.

Common questions

Do we both need our own lawyer?: Yes. A granny flat arrangement involves competing interests — the older person contributing money and the owner holding the house — so one solicitor cannot act for everyone. We usually act for one side and the other side gets independent advice, which is also what protects the agreement if it is ever challenged.
What should we bring to the first appointment?: The title details for the property, any council approval for the granny flat, an idea of the contribution and where it is coming from, and both parties' current wills and enduring powers of attorney if they exist. Our granny flat questions checklist covers the rest.
Will this affect the age pension?: It can. Centrelink has a specific granny flat interest concept and a reasonableness test. A genuine, properly documented arrangement can avoid the five-year gifting rules, while a loose transfer of money often will not. We work through it before anything is paid.
How much does the advice cost?: The first discussion is obligation free and we quote a fixed fee in writing before any drafting starts. Call 0488 340 853 if you would rather talk it through first.