No one likes to think about it, but death is an inevitable part of life. Planning ahead gives you control over the future of your Estate and assets, and ensures your family and loved ones are taken care of after you pass away. To help navigate this complex area of law in Australia, our experienced lawyers are available to provide advice in all facets of Wills and Estate Planning.
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.
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.
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.
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.
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.
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.
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.
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.