Wills and Estate Lawyer Gold Coast
Comprehensive Wills and Estate Planning on the Gold Coast.
It is important to plan for the future, and our team is here to help you make informed decisions about how your assets will be distributed after your death. By creating a comprehensive Will and considering an Enduring Power of Attorney, you can secure your legacy and protect your loved ones from unnecessary stress.
At The Legal House, we practice in succession law, encompassing all aspects of wills, estates, and trusts. We recognise that discussing what will happen to your assets after you die can be a deeply sensitive topic. However, it’s crucial to begin planning for your family’s future as soon as you acquire your first significant asset. Thoughtful estate planning not only ensures that your wishes are honoured but also protects your loved ones from unnecessary stress during difficult times. Our compassionate team is here to support you every step of the way
How Our Gold Coast Wills & Estate Lawyers Can Help You
Wills & Estate Planning Packages
A comprehensive wills and estate planning package combines essential services into one offering, allowing clients to efficiently organise their estate planning needs while saving money by bundling everything together.
Enduring Powers of Attorney
We take care of all your Power of Attorney needs by helping you decide which options best suit you. It is important to think about what powers are granted to whom, to draft legally binding documents, and ensure proper execution We will provide you with guidance throughout the process, and help you review and update the document as necessary.
Family Provision Applications
We have experienced lawyers who deal in family provision applications, helping individuals obtain an adequate share of a deceased person's estate when they have not been adequately provided for. Our team guides clients through the complex application process and represents their interests in court to enhance the chances of a successful outcome.
Will Drafting Services
Ensure your estate assets are protected and distributed according to your wishes with our personalised will drafting services, designed to provide comprehensive estate planning that reflects your unique goals and family needs.
Estate Planning & Wills Services to Protect What You Love Most
With the guidance of our Gold Coast legal team, you can explore different options for trusts, wills and estate planning to suit you, your family and your property. This may mean a standard will, comprehensive estate planning, a testamentary trust or one of the many other options available. Our wills and estate lawyers help make it easy to plan for the future.
Common Assets Estate Planning Can Help Protect
Family Home
Personal Assets
Family Trust Assets
Life Insurance
Superannuation
How a Testamentary Trust Works
A testamentary trust is a flexible trust established in a will, which results in your assets being transferred into a trust in the event of your death. The nominated trustee (or trustees) then holds the assets on behalf of the beneficiaries and decides how best to protect the assets, grow the assets and even how the assets are distributed, such as a monthly allowance, or lump sum payment on reaching a certain age. These types of Will are useful for high net worth individuals, or others who might have concerns about whether the intended beneficiaries will waste the intended inheritance.
Personalised Drafting Wills Services Gold Coast to Give You Peace of Mind
Wills are important, and we make sure that they do exactly as you intend. Once we have had our initial consultation and understand your requirements, we provide personalised drafting wills services in on the Gold Coast. We take time to know you as well as your situation and prepare personalised wills so that your estate assets are protected and distributed the way you want them to be. Contact us and protect the financial future of your family now!
Writing a Will 101
For a will to be valid, it must:
- Be in legible writing (handwritten, typed or printed).
- Written by a person over the age of 18.
- Written by a person who is mentally competent.
- Be properly drawn up, clearly identifying the will-maker’s wishes.
Signed in the presence of two mentally competent adult (18+) witnesses who are not beneficiaries of the will being signed. Read more on Who can Witness a Will.
When To Update Your Will
Updating your will is essential to ensure it reflects your current circumstances and wishes. Consider making updates in the following situations:
- Marriage or Divorce: A change in marital status often necessitates a review of beneficiaries and asset distribution.
- Birth or Adoption of a Child: Adding new family members may require changes to guardianship and inheritance provisions.
- Significant Financial Changes: Major changes in income, assets, or debt should prompt a review of your estate plan.
- Relocation: Moving to a different state can affect the legal validity of your will and local estate laws.
- Death of a Beneficiary or Executor: If a named beneficiary or executor dies, it’s important to revise your will accordingly.
- Changes in Relationships: If you experience changes in relationships with beneficiaries or executors, consider updating your will to reflect your current intentions.
Regularly reviewing your will ensures it remains aligned with your life circumstances and wishes.
What are the consequences of not having a Will?
If you do not make a Will in Queensland, your assets will be distributed according to the intestacy laws outlined in the Succession Act 1981. This means that your estate will be divided among your relatives based on a predefined order of priority, which may not align with your wishes.
Generally, the distribution follows this order:
- Spouse or Partner: If you have a spouse or de facto partner, they will inherit most of your estate.
- Children: If there is no spouse, and even if there is, your children will be next in line to inherit.
- Parents: If you have no spouse or children, your parents will receive your assets.
- Siblings and Extended Family: If no immediate family is available, the estate may go to siblings, grandparents, aunts, uncles, or further relatives.
Additionally, without a Will, the process of distributing your estate can become more complex and time-consuming, potentially leading to disputes among family members, or additional costs to the estate. It’s advisable to create a Will to ensure your wishes are respected and to provide clarity for your loved ones during a difficult time
Enduring Powers of Attorney to Keep Things Your Way
Enduring Powers of Attorney are documents which are only used whilst you are alive. You could be involved in an accident which deprives you of the ability to make decisions in relation to your own assets, or health. An Enduring Power of Attorney allows you to nominate who you wish to make decisions on your behalf if you are unable to.
Most of the time people (known as Principals) appoint Attorneys to make decisions about their health, or financial matters when they have lost the capacity to make decisions on their own, but it doesn’t have to be that way. Our Gold Coast estate lawyers can help walk you through your options so you can make a confidence decision.
What Powers of Attorney Covers in QLD
In Queensland, a power of attorney can cover financial decisions — such as paying your bills, buying or selling shares or a house, managing your superannuation fund and administering your bank account — and personal or health decisions — including where you live, who you live with, the healthcare services and treatment you receive and more. You can set how much responsibility a power of attorney has, such as only being able to make decisions about your health, but not have access to your finances.
General versus Enduring Powers of Attorney
You use a general power of attorney to make decisions on your behalf for a specific purpose whilst you have the capacity to do so for yourself but may be unavailable, such as if you are travelling overseas and you are selling your house – who will sign the sale contract if you are in a Country with no, or limited internet access. An enduring power of attorney is an indefinite appointment - the Attorney can make financial and health decisions for you when you no longer have the capacity, so is a more of a longer-term solution.
Application for Family Provision Guidance to Give You Confidence Contesting a Will
There are occasions when the maker of a Will has not adequately provided for eligible beneficiaries in their Will. If you have not received a proportionate amount from an estate, or nothing at all, you may be eligible to make a family provision application. If you are a spouse, child or dependant, you may be able to seek further provision from the Will maker’s estate. If you are the Executor of a Will and someone has made a family provision application against the estate, you will need legal advice. To find out what you need to know, please contact our Gold Coast lawyers for a no-obligation free consultation.
Common Reasons for Contesting a Will
- Undue influence, where it is believed the deceased was persuaded to write what was in the will.
- Lack of capacity, where it is believed the will maker did not have the capacity to understand their actions when they signed the will.
- Fraud, where it is believed the will maker was tricked or misled into what was in the will.
- Forgery, where it is believed the signature on the will has been forged and not that of the intended will maker.
- Where there is not an appropriate executor of the will.
- Where there is believed to be a mistake in the will.
- Inadequate provision for eligible beneficiaries
Advice for Executors of a Contested Will
Executors of Wills can be held personally liable for mistakes made whilst acting in their capacity as an Executor, so it is recommended you seek legal advice if a Will of which you are an Executor has been contested.
Frequently Asked Questions
How do I avoid probate in Queensland?
Executors can avoid probate in Queensland if:
- The estate is considered small, typically below $20,000 to $50,000.
- There was joint ownership of assets with another person, the assets are not part of the estate and probate is not required to transfer ownership.
Probate is the legal process where the Supreme Court certifies a person has died, they left a valid will and the executor(s) named in the will has the authority to administer and finalise the deceased’s estate. While it is not a mandatory legal process, the executor will typically need to apply for a grant to be able to prove to asset holders and other institutions they are authorised to execute and administer the deceased’s estate.
What happens if someone dies without a will in Queensland?
Dying without a will is known as dying intestate. If a person in Queensland dies without a will, estate assets will be divided between a spouse and children. To take on the role of administrator or executor, the next of kin, such as a spouse, must receive a grant of letters of administration on intestacy. If the next of kin does not wish to apply for the grant, they can provide written consent to another eligible next of kin to allow them to act as administrator.
How long after death can a will be contested in Queensland?
In Queensland, you have nine (9) months after someone has died to make a claim for further provision from the estate. However, you must give written notice to the executor of the will or estate of your intention to claim within six (6) months of the death. If you do not do so, any such claim becomes much more difficult, as it is likely that all estate assets will have been distributed pursuant to a Will, or the laws of intestacy.
Get To Know Our Practicing Lawyers
At the heart of our legal practice, you'll find a team of exceptional family lawyers. Our commitment is unwavering: to stand by our clients through every step. Whether it's through advising with insight, negotiating with finesse, mediating with sensitivity, or litigating with determination, we're here to safeguard your interests. We blend expertise with empathy, ensuring that your journey through legal challenges is as smooth as possible.
Nick Harrison
Founder & Solicitor
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