Wills and Estate Lawyers Brisbane
Peace of mind when planning for the future
With one of the most experienced Wills and Estates departments in Brisbane, our lawyers can assist you with drafting a Will, complex estate planning, the administration of a deceased estate, or representing you in litigation matters.
Our Wills and estate lawyers practice exclusively in this complex area of law, and they are passionate about understanding the unique requirements of every individual to ensure they create an estate plan that reflects that person’s specific family dynamics and estate structure.
Whether you require a simple Will, a testamentary trust, help with retirement planning, or advice when transitioning to aged care, our team can assist you. We make the process simple so your documents can be ready quickly and you can have peace of mind that all your legal affairs are in order.
We also have dedicated lawyers who can work with executors of estates to ensure the estate administration process can proceed smoothly, without delay, following the death of a loved one.
If a dispute over an estate arises, we have dedicated estate litigation lawyers ready to assist.
Our lawyers are passionate about helping people plan for the future and preserve their legacy. For expert advice, contact our Brisbane lawyers today.
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FAQs
Estate planning involves much more than just writing your Will, it incorporates all the legal documents you need to protect your family and your assets after you die, as well as vital documents you need to protect yourself whilst you are still alive.
By creating an estate plan, you will ensure that the people you wish to benefit from your estate when you die, including assets that cannot be gifted in a Will, will receive those assets, and you will mitigate the risk of someone contesting your Will.
Dying without a valid Will, is legally referred to as having died intestate. Dying intestate results in the rules of intestacy applying to the estate you leave behind. Each state and territory have slightly different rules determining which family members will inherit from the estate, and how much they will get. Without having a Will, you will not get a say in who receives what. Under the rules of intestacy, someone may benefit from your estate that you otherwise would not have wanted to.
There is no centralised register to locate someone’s Will, and therefore, finding a missing Will can be an arduous process. The following steps can be a good starting point:
- Go through the deceased’s computer or smartphone to find out if they held electronic copies of a Will or indication of their testamentary intentions
- Inspect the deceased’s home and search their personal possessions and paperwork for the Will or evidence of their testamentary wishes
- Get in touch with the deceased’s bank to find out if the deceased had documents held in safe custody or held a safety deposit box
- Make contact with the Public Trust Office to commence a search to see if the Will is in their custody
- Speak to law firms in the local area where the deceased person lived to enquire if they have a copy of the Will
This is a common misconception. Everyone, regardless of age, health, or wealth status, should have their fundamental estate planning documents prepared, including a Will and Power of Attorney. Many people undervalue their wealth because they overlook non-estate assets that must be contended with in an estate plan. Accounting for estate and non-estate assets in your estate plan involves deciding what happens to your superannuation and life insurance benefits, shares, investments, the family home, motor vehicles, and other personal belongings.
Upon appointment as the executor of an estate, it is critical that you comprehend all that the role entails. It is not a legal requirement to obtain legal advice to fulfil your responsibilities, however it can be especially helpful when administering a deceased estate, to certify that you are adhering to your obligations and duties.
An Executor will also need to respond to any claims on the estate or challenges of the Will. If someone makes family provision claim, the Executor should acquire advice from an accomplished estate litigation lawyer at the earliest opportunity to ensure they defend the claim if necessary to uphold the wishes of the deceased.
Estate beneficiaries have specific rights which are protected by law. If you are having difficulty getting information regarding an estate you are a beneficiary of, we can help.
Meet Angela Harry
Partner, Wills & Estates
Angela is the partner who leads the firm’s Wills and Estates Department.
She has been with Attwood Marshall Lawyers since 2006, managing a significant workload including complex Wills and estate matters, elder law, estate disputes, and deceased estate administration and probate.
Being based on the border of New South Wales and Queensland, Angela is able to handle matters across both jurisdictions.
As a a proud member of the Society of Trust & Estate Practitioners (STEP), a global professional association dedicated to guiding families across generations, Angela passionately champions the values of best practice, professional integrity, and continuous education.
Read the latest articles by our Wills & Estates lawyers
Attwood Marshall Lawyers will help you plan, protect, and preserve your wishes
When you put your trust in our team, you will benefit from:
- A dedicated local Brisbane team that practices exclusively in this area of law
- Our lawyers are valuable members of the Society of Trust & Estate Practitioners (STEP); the worldwide professional association for those advising families across generations.
- Trusted advice from Accredited Aged Care Professionals.
- Our No Win, No Fee guarantee or deferred payment options (for approved cases only).
- If you are unable to visit our Brisbane office, we can come to you!
- Our lawyers in Brisbane can visit you at your home, the hospital, or at an aged care facility if required. We are also able to discuss most matters over the phone or by video conferencing.
Contact our Department Manager
If you are ready to plan for your future and ensure your estate is protected, contact us today to make an appointment with one of our Brisbane Wills and Estates lawyers.
