Wills & Probate

Wills and Probate Lawyers - Townsville

Our Wills and Probate lawyers practice exclusively in  succession law. They are available to assist with all types of Estate Planning and Estate Administration matters. Our lawyers are experienced in straightforward and complex, technical estate planning and administration.

We offer:

• fixed fee Wills and estate documents
• first appointments with an experienced Estates Lawyer for $330 to assist Executors and loved ones figure out the next steps of estate administration when someone dies
• advice and representation for challenging or defending a Will

Please see our online Wills & Probate library which contains information about Wills, Estate Planning and all aspects of Estate Administration.

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Estate Planning - Your Will and other necessary documents

There are 3 documents everyone should have in place before they die:

1. A Will 
2. An Enduring Power of Attorney
3. A Superannuation Binding Death Benefit Nomination.

Estate Planning must be done before you die. It can be quite straightforward and include the preparation of a Standard Will and other necessary documents. 

It can also be complex - yet well worth the expense of your planning as an experienced estates planning lawyer can ensure your loved ones and beneficiaries receive maximum benefits at the right time.

If you have substantial assets along with company and trust structures, and a Self-Managed Super Fund, estate planning becomes more complex and you would likely benefit from a customised Testamentary Trust Will. These types of Wills are designed to ensure asset protection for your beneficiary's and tax management for your loved ones on your passing. They require an experienced lawyer with an understanding of Succession, Company and Trusts law. 

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Estate Administration - Probate and Administration

Estate Administration is a term which describes the administration work done to close off the affairs of someone who has died. If there are assets to be distributed, if there is a Will, often Probate will be required. If there is no Will or an alternate Executor needs to be appointed, Letters of Administration will be required. Once this has occurred, all assets and liabilities in the estate need to be identified and and distributed to beneficiaries. There may be transfers of land/property/shares etc that need to done.

Probate

Probate is often required before any estate administration can commence. If a deceased person leaves behind property (including a house, cash, shares, etc.) banks and institutions will usually require a Grant of Probate be obtained before they will release cash or transfer property. If there is no Will, Letters of Administration will need to be obtained. Once Probate or Letters of Administratoin have been granted, the Estate can be administered.

Administering the Estate

Estate Administration is usually performed by the Executor appointed in the Will - and often with the assistance of a lawyer. The process of tidying up a person's property after they die. It involves identifying and collecting the assets of the deceased, paying outstanding debts and then distributing the assets to the beneficiaries. There is legislation that applies to Executors which sets out the obligations they have when distributing to beneficiaries. 

Usually, the more complex a person's life administration/property holding is, the more complex and time consuming the estate administration process will be.

We support Executors with advice and representation to complete the estate administration process.

We also advise people who wish to challenge a Will. We also assist Executors where a Will is being challenged.

More about Probate and Estate Administration  Wills & Probate Library

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Challenging a Will

Challenging a Will can be a complex legal process. Legal advice from an experienced lawyer should be obtained quickly as there are time limits to these applications.

Usually a valid will reflects the final wishes of the testator. Sometimes circumstances arise where family members, dependents or other interested parties feel that the will is unfair or doesn't accurately represent the testators true intentions. In Queensland, the law provides avenues for challenging a Will - known as contesting or disputing a Will. There are specific grounds and time frames that apply.

Broadly - To challenge a Will you would need to show:

1. Lack of Testamentary Capacity

If it can be shown that the testator lacked the required mental capacity (due to mental illness, dementia, illness/impairment) when the Will was signed, the court may declare the Will invalid. 

2. Undue Influence or Fraud

If it can be shown that the testator was persuaded, coerced, manipulated or deceived into making a Will, the court may declare a Will invalid. 

3. Inadequate Provision for Family and Dependents (Family Provisions Claims)

The Succession Act (Qld) allows certain family members and dependents - such as a spouse, child, or financial dependent to seek further provision if they believe the Will doesn't leave them adequate support. This doesn't necessarily mean the Will is invalid but argues that the distribution of the assets in the Estate is unfair and so prompts the court to adjust.

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