Brisbane Wills and Estates Lawyers you can trust
Help with will disputes, probate and deceased estate administration
At Will and Estate Lawyers Australia
we help people to find solutions to complex will disputes.
It's our job to understand the emotional challenges and sensitive nature of family disputes. Our team can help guide you towards certainty.
How can our Brisbane Wills and Deceased Estate Lawyers help You?
Do you have a question about making a will, administering estates or contesting a will?
Call now 07 3073 2405
If you would prefer one of our Wills and Estates Lawyers to contact you, complete the enquiry form below
Why Should I Hire a Wills Lawyer to draft my Will?
Not whether your DIY Will is valid. Making a Will involves important financial and personal decisions like deciding who you would like to leave your assets to, who should be your Executor and who would be the guardians to care for your children. The requirements of a Will can be complicated. Much of the wills litigation heard by the Supreme Court in Brisbane involve solicitors trying to prove a DIY Kit Will is valid. Ultimately, a cheap Will kit may well end up leading to Court, costing your family thousands or tens of thousands of dollars more.
Not all property you own can be gifted in a Will. For example, a gift of your share of jointly owned property will fail if you are survived by a joint owner as your interest will pass to the survivor. Another common misconception is that superannuation can be dealt with in a Will. If you don't make a Binding Death Nomination, superannuation law allows your superannuation trustee to overlook your children and give your benefits to a de facto spouse at its discretion. It’s essential you understand which property can and cannot be distributed in a Will. Like TPD or life insurance, you should plan to look after your loved ones. If you are unsure where you stand, hire a Brisbane Wills Solicitor to assess your legal position so you can prepare a plan to protect you and your loved ones from failed gifts.
While you may leave your estate to whoever you want, if you make no provision for a spouse, child (including step-child) or another person who is financially dependent on you, they may contest your Will. Such disputes are extremely stressful for your family, impose a greater burden on your Executor and ultimately leave a smaller pool of assets for your loved ones. With proper estate planning, the of a contested will can be minimized and often avoided. Taken action today to ensure your family is looked after.
We can’t choose when to die but we can choose what happens when we lose our immortality cloak. At Will and Estate Lawyers Australia we take pride in providing complete solutions which don’t leave any questions unanswered. A Will by itself sometimes won’t cover all your needs. What happens if I no longer have capacity to look after myself? How can I tell my children’s guardians how I would like them to be cared for if I’m not around? When you instruct a Brisbane Estate Planning Lawyer you can complete a well-rounded plan including a - Will, Enduring Power of Attorney, Advanced Health Directive, Statement of Wishes and Binding Death Nomination. We can also provide information about making a regular Power of Attorney for business and commercial legal matters. After preparing for the worst, you can get on with enjoying life reassured that you have a plan in place.
What work can a Wills and Estates Lawyer do?
Contested Will Litigation
Contesting a Will starts with careful assessment of your needs against the resources of the estate. If we believe you have not been adequately provided for in a Will, we’ll take your case on a no win, no fee basis.
First we establish your eligibility to make a Family Provision claim and ensure you comply with the complex procedural Court rules and strict time limits. We will evaluate your current and future financial needs and assess your chances of success. We also defend contested Wills, so we’re used to carefully evaluating the merits of a claim.
Strict time limits apply, so schedule a no cost consultation with a wills and estate expert today.
Executor Duties Compliance
Some duties of an executor are widely known: to arrange a funeral; apply for probate from the Supreme Court; search and collect the deceased’s assets; find suitable insurance for the estate's property; pay their debts and the administration expenses, and distribute the residue in accordance with the will and the law. It's a big task for any individual, but we carry out these tasks everyday. We offer fixed fees, deferred payment and ensure before the administration is complete, the executor is discharged from personal liability and receive's their commission.
If you’re feeling overwhelmed by the passing of a loved one, you aren’t alone. The death of someone close to you is one of the most stressful things you’ll experience in life. You and your family can rely on our experience helping navigate the legal estate administration process.
We care about cost effective legal solutions. Probate is not always necessary. If we can help safely transfer assets without a Supreme Court grant of probate, and in accordance with Queensland law, we will. Remember, we offer a free assessment and fixed fee quotes. We do our bit to ease the financial burden. In many cases we can defer our legal fees until after we have obtained a grant of letters of administration or probate of the will.