Gold Coast Lawyers specialise in every aspect of Wills and estate planning.
Our solicitors will provide you with a fundamental understanding of the law and present you with tailored choices so you can make an educated decision about your estate plan, including the determining how your wealth and property should be managed now and after your death. In particular, we ensure your desires and goals are carried out in a lawful and proper way.
Wills and estate planning
How would you best guarantee the your wishes are carried out after your passing?
Death isn’t something we like to consider regularly, yet when you are responsible for others, be it family or your business, it’s something which must be done.
Making a Will is the best way to guarantee your property is distributed as per your wishes. In the event that you pass on without a Will (intestate), the law will decide how your estate is dispersed. This can bring about results that you may not be content with.
We understand the emotions and complexities around wills and estates, and can help smooth the estate planning process. We’ll work with you to understand your circumstances, needs, and risks so we can prepare a tailor-made solution. Our experienced lawyers can help you prepare the appropriate legal documents including testamentary discretionary trusts or simply an Enduring Power of Attorney.
Our team can assist with:
- simple Wills through to complex Wills incoporating testamentary trusts or charitable foundations
- asset protection strategies
- business succession planning
- family discretionary trusts
- superannuation and tax minimization planning
Enduring Powers of Attorney
As we age, many of us consider the situation where we may be unable to manage our own affairs. By creating an Enduring Powers of Attorney, we can empower people we trust to handle our affairs should we become mentally or physically unable.
In Queensland there are two different types of Enduring Powers of Attorney, and each deals with a different aspect of your life management:
- General Power of Attorney (Financial) – to manage your legal and financial affairs (e.g. while overseas)
- Enduring Power of Attorney (Personal and/or Financial) – to make lifestyle decisions on your behalf
We can assist you in preparing an Enduring Powers of Attorney to ensure you have peace of mind about your future. We guide you through the process, assisting you to understand the different situations which may arise so you can give appropriate power to your Attorney.
Our lawyers have experience dealing with a wide spectrum of client situations. We can also help if you are concerned about a person who holds an EPOA for someone else and need assistance in revoking it.
Probate and letters of administration
In most circumstances before estate assets can be distributed according to the deceased’s Will, the executor will require a grant of probate. This is an order from the Supreme Court that authenticates your Will and authorises your ‘Executor’ to distribute your estate.
If you die intestate (without a Will) or the Executors appointed by your Will are unable or unwilling to act, the Supreme Court will issue letters of administration.
We can assist you or your family in obtaining probate or letters of administration.
Should the need arise to stop a grant of probate, we can assist too.
If you are the executor of a Will or administrator of an estate, you may need help to administer it. We can provide advice and guidance, or we can manage the entire estate administration process for you, no matter how complex.
Our experienced and professional estate lawyers can help you manage even the most complex estates.
We can help you with:
- dealing with disgruntled or difficult beneficiaries
- securing and protecting estate assets
- recovering debts owed to the estate
- defending the estate against challenges and family provision claims
- preparing administration accounts and records
- managing foreign assets and beneficiaries
- obtaining executor’s commission
- attending to taxation matters including filing final estate returns
- preparing distribution statements for beneficiaries
- complying with statutory duties
- transferring or selling real and personal property
- preparing deeds of family arrangement
Disputes around Wills are never pleasant. Emotions run high, and can cause long-lasting damage to familial relationships.
We can help resolve your Will dispute by standing up for your interests and resolving out even the most complex of situations.
Whether you are contesting a Will, querying the validity of a Will or wishing to removing an executor, we have the experience to resolve the numerous aspects of the dispute.
We will minimise your stress and work hard to achieve a great outcome as quickly as possible, in the most cost-effective manner.
We can help you with:
- contested Wills and disputes
- proving or defending the validity of a Will
- challenges based on undue influence and improper conduct
- breaches of executors’ duties
- advice on and applying for the removal of executors
- informal Wills
Learn more about contesting a Will >>