Wills and Estate Lawyers Brisbane

Estate planning is much more than just writing your Will, it’s about creating a comprehensive plan to protect your family, your assets, and your wishes both during your lifetime and after you pass away.

A well-structured estate plan ensures that:

• Your wishes are clearly documented. Your Will allows you to decide who will administer your estate (your executor) and who will receive your assets. It gives you control over how your estate is distributed and helps reduce the chance of disputes among loved ones.
• Some assets, like superannuation, don’t automatically form part of your estate. By putting in place a binding death benefit nomination or other relevant superannuation instructions, you can ensure these assets are directed according to your wishes.
• You reduce the risk of challenges. A clear and properly prepared estate plan minimises the risk of someone contesting your Will or making a family provision claim. This can help protect your loved ones from unnecessary stress, conflict, and legal costs.
• An Enduring Power of Attorney allows you to appoint someone you trust to make financial and personal decisions on your behalf if you lose capacity. This ensures your affairs can still be managed according to your preferences, even if you’re no longer able to make decisions yourself.
• You may wish to include additional tools such as testamentary trusts (to protect assets for young or vulnerable beneficiaries), advance health directives (to outline your medical and health care preferences), or specific guardianship appointments for minor children.
  
  

Estate planning gives you peace of mind. It ensures your affairs are in order, your loved ones are protected, and your legacy is preserved, no matter what life throws your way.

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 through their personal 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 if they 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. Estate planning is not only about distributing assets but also about asset protection, safeguarding your wealth from legal challenges, creditors, and future claims. It’s important to consider each person’s unique circumstances, such as family dynamics, specific assets, and personal goals, to ensure your estate plan is secure and tailored to your needs.

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. Executors have significant legal responsibilities, including the need to ensure compliance with estate laws and regulations throughout the administration process. Although it’s not a legal requirement to obtain legal advice to fulfil your responsibilities, it can be especially helpful when administering a deceased estate to be guided by an experienced Wills and estates lawyer to fully understand your obligations and duties.

An executor will also need to respond to any claims made against the estate or challenges of the Will. If someone makes a family provision claim or seeks further provision from the estate, the executor should seek expert guidance from an estate litigation lawyer at the earliest opportunity to ensure they defend the claim and uphold the wishes of the deceased.

As a beneficiary of a Will, you have important legal rights that are protected under law. These rights ensure transparency, fairness, and accountability throughout the estate administration process.

Key rights as a beneficiary include:

• The right to be informed. You are entitled to be kept up to date about the progress of the estate administration.
• The right to a copy of the Will. You can request and obtain a copy of the Will from the executor or the solicitor managing the estate if you are a beneficiary. This allows you to understand your entitlements and how the estate is to be distributed.
• Executors have a legal duty to act in the best interests of the estate and its beneficiaries. They must manage assets responsibly, pay any debts, and distribute assets in accordance with the Will.
• If the executor is not communicating with you, delaying the distribution without explanation, or mismanaging estate funds, you may have grounds to take legal action or apply to remove the executor.
• If you believe you have been unfairly left out or inadequately provided for, you may be able to contest the Will through a Family Provision Application.
  
  

Our firm is committed to achieving fair outcomes for beneficiaries, ensuring their interests are protected. If you are having difficulty getting information from the executor regarding an estate or are involved in a dispute with the executor or other beneficiaries, we can help.