Do You Need Assistance With Your Estate Planning
Estate Planning is not just about having a Will. It includes the review, management and control of your personal, family & business affairs while you are alive & when you pass away.
Wills
A Will is a legal document that states how your assets are to be divided upon your death. Unless a Will is made, the manner in which your estate is disposed of will be determined by the rules of intestacy. In many instances, the fact that a Will has been made can result in considerable savings in the administration of the estate.
Our solicitors are able to provide legal advice in drafting your Will including;
- Appointment of executors
- Testamentary Trusts
- Guardianship Arrangements
- Distribution of Assets
Contact us today to arrange an initial consultation to discuss your estate planning requirements.
Power of Attorney
You may not always be able to make decisions when you need to. You might be too ill to make choices about your medical treatment, or you could suffer a disability that prevents you from communicating your wishes to others.
A Power of Attorney is a formal document giving another person authority to make personal and/or financial decisions on your behalf.
Personal decisions relate to your care and welfare including health care. For example, deciding where and with who you live or consenting to medical treatment.
Financial decisions relate to the management of your finances. For example, paying your bills, selling your home, using your income to pay for your needs.
If you do not have a Power of Attorney then an application to manage your financial affairs will need to be made to the Queensland Civil and Administrative Tribunal. The result of a hearing may be that the Public Trustee is appointed or a member of your family.
The advantage of appointing an attorney is that you will have chosen someone who you would like to make decisions on your behalf.
Contact us today to arrange an initial consultation to discuss your estate planning requirements.
Deceased Estate - Dispute Resolution & Litigation
Whether you are thinking of challenging a Will or you are an executor or beneficiary of a Will being challenged, we are able to assist you.
Will disputes are becoming increasingly common these days given the complex nature of families.
When making a Will, the will maker has the right to decide who inherits their assets when they pass away, however, the Succession Act QLD 1981 protects eligible people who are left little or nothing in a Will.
We are able to provide advice in respect to family provision applications, general claims against deceased estates and disputes over the validity of a Will.
Contact us today to arrange an initial consultation.
Probate
A Grant of Probate is the Supreme Court of Queensland's official recognition of a Will as legally valid. Probate recognises the executors authority to deal with the estate of a person who has passed away. Probate is often required before the executor can take control of the estate's assets, for example, distribute funds held in the deceased's bank account.
Obtaining a Grant of Probate can be a complicated process. You are required to advertise, complete legal documents and file the documents with the Supreme Court of Queensland.
Often executors require assistance with this process. We are able to assist you in making an Application for a Grant of Probate and we provide a fixed fee for this service. Contact us today to arrange an initial consultation.
Administration of Deceased Estate
As an executor you are responsible for administering the estate in accordance with the deceased's Will.
After the last Will is located, your duties may include;
- Obtaining a Grant of Probate from the Supreme Court
- Finding and notifying beneficiaries named in the Will
- Checking & protecting assets
- Confirming insurance of assets
- Collecting valuable and income
- Determining debts & liabilities
- Preparing tax returns & getting income tax clearances
- Transferring or selling assets
- Preparing financial statements
- Distributing the estate
If there is an error with the administration of the estate, whether it is on purpose or by accident, an executor may be responsible.
We are able to assist you with the administration of an estate. Contact us today to arrange an initial consultation.