Wills Experts in Brisbane

It has been estimated that only 30% of your wealth will actually get to your beneficiaries at second level (such as your grandchildren). This is largely due to poor estate planning. The good news is that you can significantly reduce the risk of this occurring with a properly drafted Will made by a Wills Lawyer who has a good understanding of Queensland succession law and who knows how to minimise the risks of estate attacks after you pass away. These risks include claims regarding a lack of capacity, ambiguity in how gifts were drafted in the Will and estate claims by persons wanting a piece of the inheritance.

We want to ensure that your assets are protected to the full extent possible. A valid, well-drafted Will and associated estate planning documents are the smartest method for you to secure your assets for the future benefit of your loved ones after your death. Many clients ask us about cheap “write your own will kits”. As succession lawyers, we see a number of these Will kits battled out in the courts due to poor drafting. They end up costing far more than a Will drafted by a Wills Lawyer.

Our Wills and Estates lawyers in Brisbane will assist you in creating a valid and legally compliant Will that satisfies all of the common law and statutory requirements of Queensland’s succession laws. We can also collaborate with you as to who you wish to appoint as executors. It is essential for you to nominate one or more executors in your Will. They are the persons who will finalise your legal and financial matters and are responsible for making sure that your wishes are fulfilled upon your passing.

If you don’t have a Will at all, your assets will pass to people as specified under the Queensland succession rules, who may not be the people you want. It also adds costs to the estate administration process after you pass away, as Letters of Administration will need to be applied for with the court and this process is usually more involved when compared to applying for Probate with a well drafted Will.

Estate Lawyers in Brisbane

Feel at ease with Estate First Lawyers knowing that when a loved one passes away, our expert succession lawyers will provide you as Executor with all of the advice and assistance you need to implement the transfer of assets smoothly to beneficiaries, including obtaining a grant of probate if you need it. We can also assist with obtaining Letters of Administration if your loved one died without a Will.

Our experienced Brisbane estate lawyers can also assist you with tax advice and strategies for the estate assets, and risk advice on potential estate claims.

Estate First Lawyers in Brisbane can provide you with expert, personalised, and friendly legal advice for your Will and all your estate planning and estate administration needs.

For advice on Wills and Estates in Brisbane, call us today on 1300 132 567 or submit an enquiry online.

Powers of Attorney

A Power of Attorney is a legal document where you select somebody else to make important decisions on your behalf. A general Power of Attorney differs from an Enduring Power of Attorney in two key respects. Firstly, the general power of attorney only allows your selected substitute decision maker to make decisions on your behalf for your financial affairs, whereas an Enduring Power of Attorney can be made to cover your personal/health affairs as well as your financial affairs. Secondly, the authority of your nominated substitute decision makers in the general Power of Attorney ends if you as the Principal (ie the person making the power of attorney) loses mental capacity. The Enduring Power of Attorney, on the other hand, allows the decision makers to continue to act on your behalf now that you are unable to make such decisions yourself due to your cognitive impairment.

Enduring Power of Attorney

With an Enduring Power of Attorney you can designate one or more trusted individuals to make personal/health and financial decisions on your behalf. The decision making power for personal/health decisions can only start on your incapacity, however you can specify when the financial power is to begin, so it could, for example, start immediately, or on an event, such as your incapacity. You can also restrict the authority of the individuals you select as your decision makers, or put conditions on their power, such as not selling your home unless it is required for your care, or allowing a relative to remain living in your home at less than market value rent, and so on.

This document must be signed while you still have legal capacity. You can also revoke an Enduring Power of Attorney at any time, whilst you still have the capacity to do so. Our lawyers can support you in making the right choices and decisions if you require guidance on Enduring Powers of Attorney in Queensland.

Advance Care Directives

Advance Care Directives differ between Australian states but broadly speaking they are a document where you specify your wishes regarding medical treatment particularly at the end of life stage. The document applies where you cannot communicate your wishes due to cognitive impairment and so act as an important communication to family and medical support on what you would want in certain circumstances.

Contact us today on 1300 132 567 or submit an enquiry online for an initial consultation about your wills and enduring powers of attorney in Brisbane.

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