Wills and Estate Lawyers Brisbane

A.L.F. Lawyers can assist you in the preparation of your Wills and Estates in Brisbane.

The preparation of a Will is very important, and we will draft a Will to represent your wishes, from basic Wills to complex Wills.

HOW WE CAN ASSIST

Our Will Lawyer’s offer our clients our services in establishing a Will, Contesting a Will, Preparing applications for Probate, Defending a Will and preparing a Power of Attorney.

DO YOU NEED A WILL?

A WILL is one of the most important document you will prepare in your life which states how you want your property distributed after you die. A person who makes a WILL is called a “testator” or a “testatrix”. Making a Will allows you to choose what happens to your assets after you die. It also allows you to nominate an Executor, who is the person responsible for making sure your wishes are met as opposed to leaving that responsibility to the courts. It is important to understand what can be contained in your Will.

Taking the time to prepare a WILL shows you are responsible, taking control of your life and caring for your family and loved ones.

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 to chosen beneficiaries upon your death. There is no mandatory or legal requirement for an individual to prepare a Will, providing you are content with the Court deciding how your assets and belongings will be distributed. Without a Will, you risk creating conflict amongst family members as the distribution of assets and personal belongings can be emotional and possibly conflicting.

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 a 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).

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. Typically, it may be your spouse, then your children and then your grandchildren.

Occasionally, where a potential beneficiary may have a disability – a discretionary or protective Trust is required.

These days blended families are also very common and sometimes a “right to reside” may be considered.

You may consider that preparing your WILL is to be simple and straightforward and in some instances it is. A.L.F. Lawyers can assist you and advise you to 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 just simply add something or cross something out of your Will. A handwritten change could invalidate your Will in its entirety. To change 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. Intestate means you die without a Will and you have no say on 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 mainly dependent upon your marital status and if you have children. There are a number of situations where you could be putting your loved ones into a difficult situation.

NOT HAVING A WILL CAN RESULT IN SOME OF THESE DISADVANTAGES:

  1. You have no control over the distribution of your estate;
  2. The rules of intestacy as set out above may not accord with your wishes;
  3. There may be a forced sale of the family home or car to cover other beneficiaries’ share of the estate;
  4. No guardian has been appointed for your children;
  5. Your children or grandchildren may not receive the financial protection you would have desired;
  6. Partners, stepchildren, friends and favourite charities may miss out;
  7. Incapacitated members of your family and their own assets may be put at risk; and
  8.  Your estate may be administered by someone you would not appoint.

WHY SHOULD YOU CHOOSE A.L.F. LAWYERS TO PREPARE YOUR WILL?

  1. your Will operates in the manner that you intend;
  2. we minimise the likelihood of a person challenging your Will;
  3. we provide advice that takes into consideration the matters that are relevant and important to your specific situation;
  4. we consider the welfare of your family and their future;
  5. we ensure your will complies with legal requirements;
  6. we ensure your wishes are clearly expressed in the will and the will suits your situation and circumstances;
  7. we can review an old will and advise on ways to reflect your changing circumstances; and
  8. 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