legal services
- Conveyancing
- Commercial Law
- Wills and Estate Planning
- Criminal & Traffic Law
- Family Law
- Civil Litigation
wills and estate planning
In Queensland, if you die without a valid Will, the State will decide who will receive your property. In some circumstances this means it may go to your parents, children, partner, siblings or to the State. We suggest that everyone over the age of 18 should have a Will. It ensures your property is inherited by your preferred beneficiaries. Merely telling people what you want them to have is not effective under the Succession Act 1981.
If you are considering having your Will prepared or updated, we believe that it is also an appropriate time for you to consider the benefits of having an Enduring Power of Attorney. You may also like to ask about an Advance Health Directive.
what if your assets are minimal?
You may think you don't have any property to gift but have you thought about who should inherit your personal effects, photographs or car. If you have pets, you may wish to provide for their future care in your Will. You might also wonder who should arrange your funeral, how should that be paid and whether you want to be buried or cremated? You might provide directions regarding the guardianship of infants. Other issues, such as whether you wish to donate organs or give your body to science, can also be covered in a Will.
making a will
As lawyers, we can draft a Will for you to ensure that any gifts are legally binding. We can endeavour to protect your interests so that other parties can't make claims on your Estate.
You can also draft a Will yourself. However there are rules of Law which govern its form, how a Will must be executed and requirements for proof of Probate.
Most people find it is simpler to ask a lawyer to draw up the Will. In fact if you own property, farm lands, are involved in business or if your beneficiaries may be eligible for tax deductions or Centrelink payments, then we suggest that you should obtain legal advice so that your Will can be structured to protect your or your beneficiaries' interests. For example, you might need to consider establishing a Testamentary Trust.
how much will it cost me?
Normally lawyers charge a fee for the preparation of a Will. However a number of charitable organisations will assist in paying for your Will if you leave a gift (or donation) to them. For example, we have a partnership with Cancer Council Queensland which means that if you consider leaving money to it, Cancer Council Queensland will pay for the preparation of your (simple) Will. We have a discounted agreement with the Cancer Council Queensland so that every Will created by us is an effective contribution to them to assist with their important work.
If you wish to make a gift to a charity, we can contact them to obtain details of any arrangements they may have and ensure that any Gift you make is effective at law.
You may be aware that the Public Trustee offers to draft your Will for free. Whilst the Public Trustee of Queensland offers a good service, we suggest that you bear in mind that they may request that you either direct that they administer your estate or charge your Estate for the release of your Will. If you ask us to hold your Will in our safe custody you can be assured that we will not charge your beneficiaries when it is released.
arranging to make your will
If you would like to ask us to draft your Will then we suggest that you call us at our office to arrange an appointment with one of our lawyers. If you are unable to attend our office we can arrange to visit your premises. We can also send you an instruction sheet, if you are short on time, to reduce the length of any consultation.
We aim to prepare your Will and have it signed during the one consultation.
