Wills & Estates

"Wills & Estates" is a term used interchangably with "Succession Law", with both referring to the body of law & procedures surrounding the transfer of property from one generation to the next. Powers of Attorney (Enduring & General) are documents that give one person the power to conduct another person's legal affairs on their behalf, and because this is usually the case in old age, Powers of Attorney and Wills & Estates are often dealt with together.

Wills

During life it is important to ensure your property will be distributed according to your will rather than by default pursuant to the relevant legislation, and to ensure this happens you must have a valid will.

Although technically you can draft your own will and ensure it meets the requirements of legislation, there are many aspects of both the form and substance of the will that must be properly drafted to guarantee that your property (your estate) goes where you want it to go.

For instance, you must ensure that:

your will is witnessed correctly by the correct people
you revoke previous wills
you have written the correct legal names of beneficiaries
rules relating to the formation of trusts are adhered to

There are many 'DIY will kits' available, many of which are free, but be wary of the trust you place in these documents. As with anything in life, in the legal industry you tend to get what you pay for and these DIY kits cannot possibly be expected to advise you on the best way to distribute your estate to maximise your tax benefits.

Having an Australian Legal Practitioner draft your will with you will ensure that you have covered all the relevant bases (such as drafting a valid Power of Attorney in addition to your will) and that the document settled on will actually give effect to your wishes. You may also be pleasantly surprised at the affordability of having a professional solicitor help you in this way - contact us to find out more.

Estates

When a loved one dies it is up to the person or people identified in the will as the executor/s to see to the proper distribution of the deceased person's property (known as 'the deceased estate'). This is a huge responsibility for anyone, especially since these tasks must usually be done during a period of grieving.

Banks, beneficiaries, superannuation funds, real estate agents, other law firms and a range of other parties must be dealt with in order to administer the estate and this can be a very confusing task for somebody not practiced in these skills. Furthermore, with most deceased estates the Supreme Court of Queensland also becomes involved with the process of applying for probate, which has its own rules and procedures that must be followed in order for the deceased person's property to be distributed to the beneficiaries.

If you have been appointed an executor under somebody's will, unless you have done this before or you are confident you can handle learning a range of new skills on the go, it is advisable to allow an experienced solicitor to handle the administration of the estate on your behalf.

A lawyer can also assist with the following aspects of succession law:

Obtaining letters of administration for somebody who has died intestate (without a will)
Making and defending against family provision claims (family members of the deceased who claim an interest in the estate despite not being identified in the will)
Contested wills
Lodging caveats against deceased estates
Testamentary trusts

To get your will, power of attorney or estate matter progressing, please use our Wills & Estates Contact Form to send your information to a lawyer without delay.

This website contains general information only. This website does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.