Wills

Planning for the event of your death is a reality that we all must face. Having a solicitor help plan your estate will ensure that your assets will be distributed in a manner consistent with your wishes.

We can assist you with all your estate planning needs. We can ensure that your Will is properly prepared according to your desires and in accordance with all legal requirements. We can also advise you as to the establishing and management of family trusts, as well as providing advice on your legal obligations to other people so as to minimise challenges to your Will.

Below are some common questions asked of us regarding Wills.

What is a Will?

A Will is a legal document which sets out the way in which you wish your assets be distributed after your death. A Will can cover all types of assets from your home to your insurance policies. It can also set out who will be appointed guardian of your dependants after you are gone.

What is an executor?

When drawing up your Will you select someone as executor of your estate. The executor is the person responsible for distributing your assets to the people named in your Will (the beneficiaries). Who you choose as executor is very important as it is quite a demanding role. An executor needs to have reasonable legal and financial knowledge.

Who can make a Will?

Any person who is at least 18 years of age who is considered to be of sound mind can make a Will. People under the age of 18 who are married are also eligible to make a Will.

What are the consequences of not making a Will?

This is the situation referred to as “intestacy”, or in other words, dying without a Will. If this happens, your assets will be distributed according to the laws of intestacy in Queensland. Ultimately, you will have no say in who administers your estate or who becomes the legal guardian of your children.

Can I change my Will?

Yes, you are free to alter your Will whenever you like, as often as you like. It is important to review your Will regularly to ensure it accurately reflects your wishes at the present time. It is always best to consult with a solicitor with regard to your changes to ensure that they are legally binding.