Expert Legal Will Services in Brisbane
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How to Make Sure your Will is Legally Binding
Preparing a legal Will does not have to be difficult or time consuming. However in saying this, it is important that the Will is prepared correctly to ensure that your wishes are carried out after your death.
Legal Rules for Drafting a Will
There are certain rules that need to be complied with when drafting a Will and it is not a document to be taken lightly. Because of the important nature of Wills, we at Queensland Family Law Practice pride ourselves on staying up to date with the most recent laws to ensure that the document we prepare for you will withstand the vigorous court examinations.
We have provided an online Will preparation application to make the process of obtaining a Will simple and easy for you.
The online Will caters for basic Will instructions. For example where you wish to leave your assets; to your Husband or Wife and in the event that they don’t survive you, then your children will obtain the assets.
Comprehensive Wills and Estate Services
At QFLP, we offer a full range of wills and estate services to meet your specific needs. Whether you’re drafting a simple will, planning for future generations, or managing an estate, our expert team ensures that your wishes are legally binding and meticulously carried out. We understand that no two estates are alike, and we tailor our services to fit every client’s circumstances, including detailed estate planning strategies and advice for all complexities.
Our Brisbane-based lawyers bring local experience to every case, offering a unique understanding of Queensland laws. From preparing advanced medical directives to setting up enduring powers of attorney, we guide you through every step.
Wills Drafting and Estate Planning Services
A well-drafted will is crucial to securing your family’s future. Our wills and estate planning services include creating legally binding wills tailored to your unique family dynamics and financial situation. From choosing beneficiaries to allocating assets and outlining guardianship arrangements, we ensure that all aspects of your wishes are clearly and securely expressed in your will.
We also offer estate planning services that extend beyond will drafting, including establishing trusts, structuring financial plans for minor beneficiaries, and helping you minimise tax implications on your estate.
Contesting a Will in Brisbane
Disputes over wills are often emotionally charged and legally complex. Our Brisbane wills and estates lawyers provide strong legal representation for those contesting a will or facing disputes as an executor. We help resolve issues involving undue influence, ambiguous wording, or improper drafting, protecting your rights throughout the process. With a focus on mediation and resolution, we aim to settle matters quickly, avoiding the need for costly litigation where possible.
Deceased Estates and Probate Services
Administering a deceased estate can be overwhelming, particularly during a time of grief. Our team offers comprehensive probate and estate administration services, ensuring that the wishes of the deceased are respected and the estate is managed efficiently. We handle all aspects of probate, from applying for a Grant of Probate to distributing assets to beneficiaries.
For executors, we provide guidance on legal obligations, financial responsibilities, and dealing with creditors, ensuring that every step of the administration and estate process is handled professionally and with care.
Source: Austlii.edu.au
FAQs about Wills and Estates in Brisbane
What happens if I die without a will in Brisbane?
Without a will, your estate is distributed according to Queensland’s intestacy laws, which may not reflect your wishes. It is crucial to have a legally binding will in place to ensure your assets are allocated as you intend.
Can a will be changed after it is signed?
Yes, your will can be amended through a document called a codicil, or you can create a new will entirely. It’s important to review your will regularly, especially after major life events like marriage, the birth of a child, or purchasing property.
How much does it cost to contest a will?
Costs vary depending on the complexity of the case. We offer an initial consultation to assess your situation and provide transparent pricing based on your specific needs.
What does an estate lawyer do?
An estate lawyer is an expert in estate law, providing services related to estate planning, wills, trusts, and estate administration. They assist clients with preparing legal documents, managing estate disputes, and offering advice on estate planning to ensure your assets are distributed according to your wishes.
What is the process of estate administration?
Estate administration involves the management and distribution of a deceased person’s estate. This process includes gathering the deceased’s assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries. An executor, often assisted by an estate lawyer, oversees this process to ensure it complies with the law and the deceased’s wishes.
Why is it important to have a will?
Having a will is crucial because it provides clear instructions on how your assets should be distributed after your death, minimising potential estate disputes. It allows you to appoint an executor to manage your estate and ensures your wishes are honored, providing peace of mind for you and your loved ones.
What is estate litigation and when might it be necessary?
Estate litigation involves legal disputes over the distribution of a deceased person’s estate. It may be necessary if there are disagreements among beneficiaries, disputes over the validity of a will, or issues with the actions of an executor. Litigation lawyers can help resolve these disputes through legal proceedings or mediation.
Can a will be contested in Queensland (QLD)?
Yes, a will can be contested in Queensland if there are grounds such as lack of testamentary capacity, undue influence, or if it fails to provide adequately for dependents. If you believe there are valid reasons to challenge a will, it is advisable to consult with an estate lawyer to guide you through the process.
What should I consider when choosing an estate planning lawyer?
When choosing an estate planning lawyer, consider their experience in estate law, their reputation, and their approach to client service. It’s also beneficial to choose lawyers who offer fixed fee arrangements to avoid unexpected costs and who are willing to provide personalised advice on estate planning according to your specific needs.
How can senior lawyers assist with succession planning?
Senior lawyers with experience in succession planning can provide valuable advice on estate and trust management, asset protection, and the smooth transfer of assets. Their expertise ensures that your succession plan aligns with your goals and provides for your beneficiaries effectively, minimising potential estate litigation matters.
What role does superannuation play in estate planning?
Superannuation can be a significant part of your estate and needs careful consideration in estate planning. It may not automatically form part of your estate, so it’s important to nominate beneficiaries for your superannuation. Seeking advice from an estate planning lawyer can help ensure your superannuation is distributed according to your wishes.
Are you eligible for an Online Will?
STEP 1
1. Complete all the questions on the Online Will Application form making sure of the following:
NB – It is important that you answer all the questions. If you are not sure of some answers please contact our office for clarification.
STEP 2
Our office will contact you to confirm your details and organise payment for your Will.
Our office will then attend to drafting your Will in the terms outlined by you.
STEP 3
Once the Will is drafted we will contact you to make an appointment with our office to sign the Will. This will usually occur within 7 days from receipt of payment.
If you require the Will to be sent to you for signing please advise our office.
When you come into sign the Will, you will be provided with the original Will for safe keeping. It is important that the Will is kept in a safe place and your family or executors know where to look for your Will in the event that something happens to you.
You may wish to consider having a Power of Attorney drafted for you at the same time as your Will. A Power of Attorney provides for someone to take over control of your health matters and/or financial matters in the event that you lose capacity.
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