A.L.F. Lawyers can assist you in the preparation of your Wills and Estates in Brisbane. As a firm in the North Brisbane area we are held in high esteem for our work.
The preparation of a Will is critical, and we will draft it to represent your wishes, from the simple to the more complex Wills. If you wish to speak to solicitors regarding your Will, you should consider engaging with our approachable staff to discuss your options, and how we can assist you.
HOW WE CAN ASSIST
Our estate lawyers offer the following services to assist you in your estate planning;
- Drafting Wills;
- Drafting Enduring Powers of Attorney;
- Making claims against estates;
- Preparing applications for grants of probate; and
- The administration of estates.
Our firm provides professional estate lawyers to consult on any matters you may need assistance with. We work with clients of various backgrounds and are always happy to provide professional consultation regarding matters.
DO YOU NEED A WILL?
A Will is one of the most important documents you will prepare in your life. It states how you want your property distributed should you pass away. A person who makes a Will is called a Testator. If you should pass away without a valid Will, your estate will be death with under the intestacy rules of Queensland. Intestacy law is a rigid structure of how estates are to be dealt with, and may not conform to how you wish your estate to be distributed. Should you be looking for lawyers in Brisbane who can assist with Wills and estate matters, look no further than to A.L.F Lawyers.
WHAT IS A WILL?
A Will is a legal document which specifies how your assets, such as cash, shares, your personal home, a business, investment property, collections, motor vehicles and personal belongings are distributed upon your death. There is no mandatory or legal requirement for an individual to prepare a Will. Without a Will, you risk creating conflict amongst family members as the distribution of assets and personal belongings can be emotional and possibly conflicting. Working with a skilled estate lawyer to draft your will can help avoid unnecessary family strife if you pass away.
The key aspects of your Will are naming an Executor or Executors and your Beneficiaries. An Executor is the person or persons who is appointed by the testator (i.e. you) to carry out the terms of their Will. On occasion and perhaps where a party does not have any close relatives or friends it may be necessary to appoint the Public Trustee or a Solicitor. However, it is important to note a Solicitor can charge when they act as an Executor (whereas a lay person cannot typically charge but they can apply for commission). Our solicitors can help clarify the complex nature of estate law.
It is important to consider who your Executor will be, from appointing those you trust implicitly and/or those who are able to act considering geographical constraints or otherwise. Beneficiaries are those who will “benefit” from your estate.
We can help you identify those people you would like to benefit as part of your estate planning, and best way to make gifts to them. Occasionally, where a potential beneficiary may have a disability – a discretionary or protective Trust may be required. These days blended families are also quite common and sometimes a “right to reside” may be considered. When you work with our estate lawyers, we will also be able to provide advice to help you better understand the nature of these decision, and the possible repercussions of them.
You may consider preparing your Will to be simple and straightforward, and in some
circumstances it can be. A.L.F. Lawyers can assist you establish if this is the case.
It is important to revise your Will often, particularly when significant changes occur in the family, for example birth, death, illness, separation, divorce, remarriage or there is a change in your financial position.
You should also be aware that you cannot simply add something or cross something out of your Will. A handwritten change could invalidate your Will in its entirety. To amend your Will, you must either make a new signed and witnessed Will or add a signed and witnessed addition called a codicil to the existing Will. If you are revoking your Will, you should make a written declaration that you intend to revoke the old Will which should be contained in your new Will.
DISADVANTAGES OF NOT HAVING A WILL
If you die without a will, you are said to have died intestate. This will mean that you have no say in who gets your estate. Instead of your estate passing according to your wishes, your estate will now be divided according to the laws of Queensland.
How your assets are distributed under the intestacy rules are dependent upon numerous factors, including your marital status and if you have children. There are several situations where you could be putting your loved ones into a difficult financial situation.
NOT HAVING A WILL CAN RESULT IN SOME OF THESE DISADVANTAGES:
- You have no control over the distribution of your estate;
- The rules of intestacy as set out above may not accord with your wishes;
- There may be a forced sale of the family home or car to cover other beneficiaries’ share of the estate;
- Your children or grandchildren may not receive the financial protection you would have
- Partners, stepchildren, friends and favourite charities may miss out;
- Incapacitated members of your family and their own assets may be put at risk; and
- Your estate may be administered by someone you would not appoint.
WHY CHOOSE A.L.F. LAWYERS TO PREPARE YOUR WILL?
- Your Will shall operate in the manner that you intend;
- We provide advice that takes into consideration the matters that are relevant and
important to your specific situation;
- We will help you consider the welfare of your family and their future;
- We ensure your Will complies with legal requirements;
- We ensure your wishes are clearly expressed in the Will and the Will suits your situation and circumstances;
- We can review an old Will and advise on ways to amend it to reflect your changing
- We can advise on what circumstances your Will may be contested.
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We can assist you in all aspects of your personal and family wills and estates and power of attorneys. Guaranteed to be back with you in less than 24 hours