About this Service
A well prepared estate plan can give you the comfort that your wishes will be implemented after your death and there are strategies in place to protect your family from unnecessary financial or legal problems.
Our Wills and Estates team is experienced and skilled in the preparation of estate plans to cater for all of the individual circumstances which can arise. Estate planning is often an emotional experience. Our team understand that and will guide you in the process with empathy and care.
For some people an estate plan will be as simple as a Will. However, in other cases, particularly for people with a high net worth, who own and operate businesses, or whose assets might include companies, trusts or property held outside of Australia, the estate plan might be much more complex.
An important part of any estate plan is to make sure that your superannuation interests are properly dealt with. Whether your superannuation is held in a self-managed fund or a retail or industry fund it is important to make sure that your estate plan caters for your superannuation. In most cases your superannuation cannot be dealt with through your Will alone and you may need to put in place a nomination within your superannuation fund to ensure that your superannuation is paid to the beneficiary that you intend.
Often your estate plan will include putting in place an Enduring Power of Attorney or Advance Health Directive to cater for the uncertainties which often arise through life.
Deceased Estate Administration
We offer a complete range of services in the management of deceased estates.
We can assist you in your role as executor in the administration of a deceased estate.
Our assistance can range from the collection of assets, payment of debts, Probate and Transmission Applications, taxation advice particularly with respect to capital gains and the final distribution of the estate.
Our experienced team can ensure that the estate administration is conducted efficiently and effectively. We understand that, from time to time, disputes will arise and when they do we have the experience and knowledge to assist to resolve disputes through alternative means including mediation with a view to avoid expensive litigation. At times, despite everybody’s best interests, litigation is inevitable. In those circumstances, our lawyers can continue to help you to resolve that litigation in the most effective and cost efficient way.
Estate Dispute Resolution and Litigation
Our Wills and Estates team can assist you in all manner of estate disputes including family provision applications, general claims against an estate, a dispute over the validity of a Will or disputes over the interpretation of ambiguous provisions within a Will.
If you feel that you have been wrongly left out of a Will, or that not enough provision has been made for you in a Will, then it is important that you act quickly because time limits apply.
Our legal team has a wealth of knowledge and experience in litigation and we can assist you to resolve all manner of disputes effectively and efficiently, and in the most cost effective way.
If you have a dispute and simply want to know whether you have a good case, don’t hesitate to contact us. We can assist by undertaking a detailed investigation of your matter and help you to understand the strengths and weaknesses of your case.
Estate litigation and disputes are often stressful and filled with emotion. For those reasons it is always good to have a lawyer on your side who can, in even the most complex cases, look to resolve your case quickly and effectively, which helps you to move on.
If you are an executor, and disputes arise, our Wills and Estates team can again help you resolve that dispute quickly, and in a cost efficient way which reduces the burden on the estate, and helps to preserves the assets of the estate for the beneficiaries.
Guardianship and Administration Matters
If you have a family member or friend whose capacity to make decisions is impaired, then you may consider making an application to the Queensland Civil and Administrative Tribunal to seek appointment as Administrator and/or Guardian for your family member or friend.
Appointment as Administrator will mean that you will be able to make legal and financial decisions on behalf of the person with impaired capacity. Functions commonly performed by Administrators include:
- Buying/selling property
- Paying bills
- Managing bank accounts and general finances
Appointment as Guardian will mean that you will have the authority to make personal and health care decisions on behalf of the affected person. Functions commonly performed by Guardians include:
- Helping the person find and select accommodation
- Arranging general medical treatment (visits to doctors and medical specialists)
- Organising for the person to receive support services where necessary (visits from Anglicare or similar support workers).
Applications to the Queensland Civil and Administrative Tribunal must be accompanied by supporting documents which include medical reports, identification documents, and in the case of an application for appointment as Administrator, a financial management plan.
Areas of Will & Estate Law:
In our experience, people seem to believe that a Will is just for the wealthy – this couldn’t be further from the truth. A well drafted Will provides clear instruction in regards to the distribution of your assets upon your death as well as your wishes in relation to burial arrangements, guardians for dependents and other important requests. Â
Our experienced Wills & Estate Planning lawyers in Toowoomba, Roma and Warwick will sit with you to discuss your wishes and draft a legally binding and valid Will and other required legal documents, so that your family and beneficiaries can avoid the stress and uncertainty which can occur when a deceased individual doesn’t have a legal Will (Intestate). We can also assist you with reviewing and updating your Will when your circumstances change, such as getting married or divorced, having children and so forth.Â
This important document enables you to give instructions for your future health care and can be general or specific in nature regarding types of treatment. An Advanced Health Directive is only acted upon when the situation arises that you are unable to make or communicate your decisions to medical practitioners.
You can change or revoke these instructions at any time as long as you have the decision making capacity to do so. It’s important to make an Advanced Health Directive as soon as possible to ensure your future health care is carried out in accordance with your wishes.
Our lawyers handle all estate planning, business succession planning and asset protection matters with a goal to protect your assets now and for generations to come.
We advise our clients in many areas including the transfer of assets, drafting of agreements and restructuring of companies, trusts and more, devising cost effective strategies that take into account changes to superannuation and taxation laws.
When a person becomes too ill to make or communicate their decisions, or to organise their own health or financial matters, it’s important that an Enduring Power of Attorney has been established. This document allows you to nominate another person to make decisions on your behalf.Â
To do so, you must have the capacity to make decisions at that time, which is why we recommend making an Enduring Power of Attorney as soon as possible to ensure your financial and health matters will be overseen by a person of your choice.
When a person passes away, there is much that needs to be done in regards to estate administration. Our compassionate and experienced lawyers can assist with all aspects of estate administration, including liaising with beneficiaries, facilitating the sale of estate assets, assisting with closure of bank accounts and collecting proceeds from investments and insurance policies.
Our lawyers can also assist in the event where a person challenges the estate on the basis that they were unfairly excluded or insufficiently provided for.
Let our team minimise the distress that your passing will cause loved ones by ensuring an appropriate succession plan is implemented prior to your death. From testamentary trusts to asset management and more, our experienced solicitors can help navigate this often confusing area of law.
We also understand that due to the complexity of family dynamics, there are some cases where it is necessary to dispute a Will. Laws regarding Will disputes can be complex, so whether you are considering challenging a Will, or you are the executor or beneficiary of a Will that is being challenged, our experienced team can assist you. Strict time limits of six months after the date of death apply when contesting a Will, so do not delay and contact our firm for sound legal advice as soon as possible.Â
In Queensland, there are more than one way to draft up a legal Will; by a Solicitor, by a Public trustee, or you can prepare your own Will with a DIY Will Kit.Â
A DYI Will Kit can be purchased from your local post office, newsagent, or downloaded from the internet. However, it is important to exercise caution with Will Kits, as they may not be suitable for your individual circumstances and are highly contestable in court. The general advice is to only use a DIY method to draft your Will if your wishes are very simple and your financial situation isn’t complicated.
Binding Death Nomination
Did you know that your superannuation is not part of your estate? The trustee of the super fund pays a death benefit in compliance with the governing rules of the fund and relevant laws which isn’t always straightforward. One way to override the trustee’s discretion is to have a Binding Death Nomination.
This nomination is legally binding and advises the trustee of the fund who is to receive your superannuation benefit upon your death. There are a number of guidelines that must be followed in order to ensure your Binding Death Nomination is legally valid. Speak with our solicitors today for advice on this matter.
