Take Control of Your Succession Plan. The right plan depends on your needs and circumstances.
For most Queenslanders, the essential documents for creating a complete estate plan include:-
- a Will;
- (Enduring) Power of Attorney;
- Advance Health Directive; and
- a Binding Death Nomination.
At Will & 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 estate 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.
What assets can you not deal with in a Will?
Jointly owned property cannot be gifted; it passes to the surviving owner. Therefore it cannot be left in a will.
What happens to your superannuation is decided by the superannuation trustee, unless you make a binding death nomination.
Why we love DIY Wills
Estate Lawyers must secretly love will kit wills because they are a steady source of traffic for will disputes.
There’s a myriad of things which can 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 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 which could cause legal trouble and distress to your family.
Our simple Will making process
We make it our business to ensure a hassle-free experience.
- initial conference to understand your circumstances and take instructions
- we prepare a draft
- consultation to read through and sign
Get in touch with the team today to arrange an appointment.
Asset Protection & Tax-Effective Estate Planning
Work with an experienced Estate Planning Lawyer and the best Accountants and Financial Planners to prepare the right estate plan for you.
An Estate Planning Lawyer can help you with:
- creating Testamentary Trusts
- strategies to manage superannuation including binding death nominations
- strategies to minimise estate assets to reduce the chance of a contested estate
- protecting children with special needs
- advice about business succession plans in wills for simple transitions
- conveying your non-binding but instructive wishes to your Executors and trustees in a Statement of Wishes
You should know wills may be revoked on certain events including separation (including de facto relationships).
Schedule an appointment with our legal team today for a complimentary assessment and advice about which services are best for you.
End of Life Planning
The options at your disposal for deciding how you … 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.
What is an Enduring Power of Attorney?
A Power of Attorney is used to legally give someone power to make decisions on your behalf. An ‘Enduring’ Power of Attorney means that power continues 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 power of attorney 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 Power of Attorney 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.
What is an Advance Health Directive?
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.
Why is it important to have one?
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.
Free Appointment with an Estate Planning Lawyer
Call us today on 07 3073 2405 or enter your contact details below and we’ll get in touch.