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Wills and Estate Lawyer Gold Coast

Estate planning is a phrase that lawyers use to describe decisions people make about how to divide their assets after their death.  It involves preparing a Will and Enduring Power of Attorney.

At The Legal House, we understand that talking about what Will happen with assets in the event of your death, is sensitive. Notwithstanding that, planning the division of your assets on your death should start the minute you buy your first significant asset. If you properly plan your family’s future after you are gone, you will protect them from unnecessary stress during difficult times.

How Our Gold Coast Wills & Estate Lawyers Can Help You

Wills & Estate Packages

Protect your family, assets and legacy in the event of your death with our wills and estate lawyers, and our comprehensive estate package.

Enduring Powers of Attorney

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.

Family Provision Applications

We will help you prepare a family provision application to ensure a Will doesn’t deprive you of your just and equitable entitlement from the estate. 

Will Drafting Services 

Ensure your estate assets are protected and distributed to your wishes when you pass with our personalised will drafting services.

WILLS

Taking the time to create a legally binding Will provides you and your family peace of mind but it also avoids potential conflict regarding the division of your assets, as well as saving your family money and time. Our team can assist you in preparing a comprehensive “Estate Package” to ensure that all your loved ones are taken care of.

Enduring Powers of Attorney

An Enduring Power of Attorney is a legal document that allows you to nominate a trusted and responsible person to make decisions about your personal, health, or financial matters, or all of them combined. 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. Contact us and we will talk you through the options available to you.

Application for Family Provision

There are occasions when the maker of a Will has not adequately provided for eligible beneficiaries in their Will. If you have not received the same as other beneficiaries, or nothing at all in a Will written by your spouse, or parent, 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 team for a no-obligation free consultation.

Personalised Drafting Wills Services

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 QLD. 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!

Personalized Drafting Wills Services in Qld

Estate Planning & Wills Services to Protect What You Love Most

Get peace of mind about what will happen to your assets and family when you pass with our Gold Coast estate planning services. Having a legally binding Will helps protect your assets and family when you pass, and helps them save money, time and stress by avoiding potential conflicts.  When you have a wills and estates lawyer help you, you can avoid the problems of later conflict about the division of your assets and ensure your assets go where you want them to.

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.

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.

Personalised Drafting Wills Services QLD 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 QLD. 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 also have a signed will and are not beneficiaries of the will being signed.

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 - family lawyer in Southport

Nick Harrison

Founder & Solicitor

Please get in touch!

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