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Estate Lawyers Brisbane
WillsA will is one of the most important documents that most people will sign. A will is the legal document that details how you wish for your assets to be distributed after you die. The law surrounding wills varies from state to state, which is why it is important that you seek legal advice from estate lawyers based in Brisbane/Queensland.
How do I ensure my will is valid?
The laws governing the legal requirements for preparing a valid legal will vary from state to state. However, in all states you must:
- Have testamentary capacity, which means you must be over 18 years old and understand the contents of your will;
- Ensure that your specific wishes are in writing – verbally telling others of your wishes is not enough, and
- Have the document signed in the presence of two witnesses.
If you do not have a legally valid will your estate may not be distributed how you wished as certain statutory laws known as the laws of intestacy apply. If you do not have a valid will your estate will be distributed in accordance with those intestacy laws rather than in accordance with your wishes. Accordingly to ensure you have a legally valid and binding will it is important to seek advice from estate lawyers in Brisbane when preparing and executing your will.
Estate Planning Lawyers in Brisbane
Estate planning is the process of ensuing that any assets you have acquired during your lifetime are protected and structured flexibly (in particular for tax purposes). As experienced estate lawyers in Brisbane we can provide you with advice to ensure you have the most suitable structure of your affairs and on your death we can assist with the administration of your estate including obtaining either a grant of probate (if you have a will) or letters of administration (in the event you do not have a will) through to assisting to more complicated matters such as collecting various assets from institutions, liaising with creditors where necessary and also providing specialist legal advice in relation to the deceased's business affairs, trusts, partnership interests and any other related entities.
Jointly held assets, trust assets and superannuation, however, are not necessarily dealt with by the terms of the will. These are usually considered ‘non-estate’ assets for estate planning purposes. It is therefore important to have considered a comprehensive estate plan to ensure that all assets are transferred according to your wishes in the most effective manner.
A valid will and appropriate specialist planning advice from estate planning lawyers in Brisbane will ensure that you have the best possible chance of ensuring your assets are distributed in the way you intended. Our team can prepare wills and provide estate planning advice for estates of any size.
Talk to an experienced Estate Lawyer in Brisbane
Please call us on (07) 3220 1144 or email us in the email contact on the right hand side of this page for further information.