Estate Planning Lawyers Brisbane

Attwood Marshall Lawyers have one of the most experienced Wills and Estates teams in Australia. Our Brisbane estate planning lawyers can help you make sure your family will be looked after by putting in place a personalised and effective estate planning strategy.

Our estate planning 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 a plan that reflects that person’s specific family dynamics and estate structure.

Whether you require a simple Will, a testamentary trust, or you need help with retirement planning and 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.

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Our specialty areas in Brisbane include:

Estate Planning

People often procrastinate when it comes to making an estate plan. The process is simpler than you may think! Our estate planning lawyers can assist with drafting a Will, constructing Enduring Power of Attorney documents, setting up a testamentary trust to protect vulnerable beneficiaries, Advanced Health Directives, and ensuring your superannuation is also dealt with by completing binding death benefit nominations. No matter how simple or complex your estate may be, our Brisbane team can help you get all your documents in order.

Aged Care & Retirement Planning

We take great pride in supporting our clients through every stage of life. Transitioning to aged care and retirement planning is a significant milestone that requires great consideration. Our experienced Brisbane lawyers offer the gold standard having completed the Accredited Aged Care Professional Program. You can obtain expert advice on the aged care sector from an adviser who understands the industry and the important considerations that one must make before deciding which care arrangement or facility is right for them. Retirement planning and transitioning to aged care often involves reviewing your estate plan to ensure any decisions being made are reflected in your Will. If you do not have an Enduring Power of Attorney in place, you will often need one prior to transitioning to aged care as this is a requirement for most facilities. Our Brisbane lawyers can help you understand what documents you need to ensure your best interests are protected.

Business Succession Planning

If you own a business, it is important to complete a business succession plan so that if something unexpected happens you can have confidence in the continuity of the business and protect all those who may be affected by a tragic loss to the business.

Probate & Estate Administration

Administering an estate comes at a time when someone is already experiencing substantial stress from having lost someone very close to them. Our compassionate probate lawyers can help carry some of that burden, reduce your stress and support you throughout the process to certify that the estate administration process progresses proficiently and that if any issues arise, they can be resolved quickly without delaying the administration of the estate.

Brisbane Estate Planning 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.