Estate Planning Lawyers Brisbane
Take control of your succession plan. The right plan depends on your needs and circumstances. Download and read this guide for an overview of some common devices lawyers use to carry out your wishes.
The 4 Pillars of Estate Planning
Wills
Power of Attorney
Advance Health Directive
Binding Death Nomination
For most Queenslanders, the essential documents for creating a complete estate plan includes:-
- a Will;
- (Enduring) Power of Attorney;
- Advance Health Directive; and
- a Binding Death Nomination.
At Will and Estate Lawyers Australia, we can help you prepare the right succession plan for you. Call us today on 07 3073 2405 for an obligation-free consultation.
Sound planning begins with a Will
Pass your property and assets to your heirs as you plan it.
Everyone should have a will. Without one, the blood sweat and tears you've shed through your working life can be wasted when they could be helping the people you love.
Our estates team in Brisbane can save your loved ones further heartache by helping you to clearly record how you want your property to pass in a valid will.
Will FAQs
Jointly owned property passes to the surviving owner. You should be mindful that if you pass away first, your interest in the property won't pass in your will.
What happens to your superannuation is decided by the superannuation trustee, unless you make a binding death nomination.
Estate Lawyers must secretly love will kits because they are a steady source of traffic for will disputes.
There's a myriad of things which can (and do) go wrong including incorrectly witnessed wills, ambiguous or impossible bequests.
Simple mistakes like not understanding the difference between property owned jointly or as tenants in common can result in litigation or a loved one missing out entirely.
It's true: making a Will isn't hard but it's also very easy to make a mistake leading to costly litigation and distress for your family.
Ensuring a child or children are looked after by a loving family member and well provided for is the main purpose of wills for parents of minors.
You can appoint a guardian and give your executors powers to advance money to ensure your children are not left without.
Our simple Will making process
We make it our business to ensure a hassle-free experience.
- initial conference with a solicitor to understand your circumstances and take instructions
- we prepare a draft
- we ensure the will is correctly executed
Read more about wills (Brisbane) or then get in touch with the team today to arrange an appointment.
Questions about making an estate plan? Schedule an obligation-free consultation with the team today
Asset Protection, Business Succession & Tax-Effective Estate Planning
Work with experienced will and estates lawyers and the best tax Accountants and Financial Planners to prepare the right solution for you and your family.
An Estate Planning Lawyer can help guide you with:
- preparing Testamentary Trusts
- strategies to manage superannuation including binding death nominations
- strategies to minimise estate assets to reduce the chance of a estates litigation
- protecting a child or children with special needs
- advice about business succession plans in wills for simple transitions (including commercial business handovers)
- conveying your non-binding but instructive wishes to your Executors and trustees in a Statement of Wishes
You should know part or all of a will may be revoked on certain events including divorce and even separation (in the case of de facto relationships).
Schedule an appointment with our legal team today for a complimentary assessment and advice about which services are best for you.
Preparing for End of Life
The options at your disposal for deciding what happens when you're not around go beyond making a will to decide what happens to your possessions.
If you plan now, you can decide how you are cared for in the event you are incapacitated.
Your decisions today can ensure your views are understood when you are unable to give them, but in making an Enduring Power of Attorney and Advance Health Directive you are also relieving a heavy burden from your loved ones at a difficult time.
A Power of Attorney is used to legally give someone power to make decisions on your behalf. An 'Enduring' PoA means those powers continue after the person loses capacity to make decisions for themselves.
It is used to give the person you nominate (the 'Attorney') power to make decisions on your behalf about:-
- personal / health matters; and / or
- financial matters.
Personal or health matters may include making decisions about where you live, day-to-day issues like diet and dress. For business matters a PoA can be used to make decisions like whether to apply for licenses and permits (for example if you are overseas).
Financial matters can include deciding how your income is invested.
You may set limits on the Attorney's power and you may also decide whether it begins immediately, or at a certain time such as when you no longer have capacity to make those decisions.
A PoA cannot:-
- make decisions about your will or change it;
- make decisions about organ donations or terminating a pregnancy.
Who retains the original PoA?
You do, or you may leave it with us.
An Advance Health Directive is used to give directions about how you wish to be cared for for specific or future health matters in the event you are unable to do so.
It can be used to record your wishes and beliefs about the medical treatment you do or do not wish to receive, and your quality of life.
Queenslanders use an Advance Health Directive to record their request for particular treatment such as to:
- elect whether you wish health-care providers to give you all medical treatment possible, or if there are some treatments you wish to refuse (e.g. blood transfusions, vaccines, use of life support machines)
- record any medical conditions you wish health-care providers to be aware of (e.g. asthma, allergies)
- record any religious beliefs which may affect your medical treatment (e.g. no organ donations or blood transfusions)
Many people choose to make an Advance Health Directive for personal and/or religious reasons. They are an invaluable tool for your loved ones when it comes to how you are treated when you can't communicate your preferences.
Leading wills barristers in Brisbane charge upwards of $800 per hour. Their services are retained only for complex will disputes (after death). Proper estate planning with a Brisbane wills lawyer may cost $400 per hour. However, many (like our office) offer affordable wills for just $499 (drafted by a lawyer).
Get in touch with a Estates Litigation & Planning Lawyer
Call us today on 07 3073 2405, live chat, contact us or enter your contact details below and we'll get in touch.
