Estate Planning

How to prepare for your first appointment with us to prepare your Will & Enduring Power of Attorney

It is important that you bring identification with you, preferably your Drivers Licence and your Passport.
If you are unable to bring these, please advise us and we will advise alternate identification documents.

Depending on your personal circumstances, we will require you to bring:

  • Your most recent Superannuation Statement
  • A list of your assets and liabilities e.g. real property, vehicles, shares/investments, banks accounts and insurance policies
  • A list of whom you wish to be the Executors of your Will, including their full name legal name and address
  • A list of whom you wish to be the beneficiaries of your Will, including their full legal name and address
  • A list of whom you wish to be the attorneys of your Enduring Power of Attorney including their full legal name and address

Other information you may want to think about:

  • Your wishes in relation to organ donation
  • Guardianship of any children under 18 years of age
  • Your wishes in relation to cremation/burial
  • How you want your estate distributed e.g. specific gifts/balance of your estate

Once you have had your Will and Enduring Power of Attorney signed and witnessed, it is important that you let your family know the location of these important legal documents.

Don’t wait to get your Estate Planning in order, call us on 07 3278 1888 or fill in the form below and we will provide you with a FREE quote

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    Can you dispute a Will?

    Do you consider you should have received an inheritance or were treated unfairly in a will?

    If so, you may be entitled to make a claim against the estate under the Succession Act 1981 (QLD).

    Under the Act, the following categories of “eligible persons” are entitled to challenge a will and seek further provision from the Estate:

    • A Husband or Wife of the deceased person;
    • A de facto spouse of the deceased person provided that person was living together as a couple on a genuine domestic basis for a continuous period of at least 2 years as at the date of the deceased person’s death;
    • A child of the deceased person (including an adopted child or step-child);
    • A former spouse of the deceased person. For instance, a separated spouse who is not yet divorced and was continuing to receive maintenance from the deceased person; or
    • A person who was wholly or substantially maintained by the deceased person, who was a parent of the deceased or a parent of a child under 18 years of the deceased person or a person under 18 years of age.

    In Queensland there are time limitations in which an eligible person may challenge a will:

    • An eligible person has an obligation to notify the Executor of their intentions to challenge the will within 6 months from the date of death;
    • If the matter cannot be resolved through negotiations, then the eligible person must file and serve court proceedings on the Executor within 9 months from the date of death;
    • If the eligible person does not comply within those time limits, then they may be prevented from contesting the Estate without first obtaining the Court’s permission to institute legal proceedings, which is very difficult to obtain and only granted in exceptional circumstances.

    We are offering a 10% discount on our professional fees for new clients during December 2018. Call us now on (07) 3278 1888 for a FREE no obligation quote and initial advice.