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Wills and Estate Lawyers Brisbane

Helping you make decisions that make sense!

When you’re looking for assistance from Wills and Estate lawyers in Brisbane, you want people on your side who can guide you with the right advice and give you the information in a way that you understand.

Here at Access Solicitors Brisbane, we bend over backwards to ensure there is less technical jargon and more clarity, allowing you to make clear, concise decisions that are the best for you and your family.

Our will & estate services include:

Making a Will

Your will is a legally binding agreement that dictates your wishes regarding the distribution of your wealth and assets and determining the care of your children, amongst other detailed items, in the event of your death.

Without a correctly prepared will, there can be confusion and conflict amongst family members, leading to family disharmony and potential legal issues.

A will can be prepared by yourself by way of a will kit; however, will kits have led to many family breakups and courtroom battles due to them not being prepared correctly.

Therefore we strongly advise you to speak to us about helping you with affordable but professional will preparation and drafting that will stand the test of time.

Left out of a Will?

If you are in a situation where you have found yourself left out of a Will by a spouse, partner, parent, or another family member, or you feel what is due is inaccurate, we can help once again if the estate is based in Qld.

But you must act quickly to obtain professional legal advice to ascertain your position, as there is a window of time you can do so.

Depending on the circumstances, you could seek a more significant share of the estate or certain assets through a family provision claim.

The best advice right now is to contact us to discuss your situation so we can outline a way forward.

Probate Law

A Probate is a document that gives you the authority to deal with your loved one’s estate officially. It is a document issued by the supreme court containing the court’s official seal. Obtaining a probate is not mandatory, but it becomes essential when you have been an administrator of the will and have done everything according to the will, but it is later contested and, for whatever reason, is found to be invalid. 

This situation can make you liable to other beneficiaries for incorrectly distributed amounts. Our experienced Probate Lawyer can help you put a probate in place, so you are not liable, thus creating an extra layer of protection.

Obtaining probate requires the Supreme Court to prove that:

  • You are named in the will as the executor
  • Confirmation of the deceased
  • It is the final will of the deceased
  • Any conditions on you as the executor
  • Affidavits verify these facts

There can be situations whereby it will be necessary to obtain a probate. For example, a bank with an outstanding loan over the deceased asset will likely insist that a probate is in place.

It can take up to three months to go through the process as there are things that need to be done, such as compulsory advertising of the passing in various newspaper public notice sections. 

There is also a lot of paperwork involved that must have the correct information; otherwise, more time will be lost trying to obtain the right details, so you should speak with our probate lawyer as soon as possible.

Letter of Administration

There can be situations whereby the court issues a “Letter of Administration” as an alternative to a probate which carries the same power and is used in the circumstances such as when there was no will in place.

Our team has the experience to short-cut the time involved and eliminate mistakes by doing the probate on your behalf for very affordable rates.

Deceased Estate Lawyers that can ease the Burden

If a person close to you passes away, an administrator or executor of their estate needs to be appointed. The administrator ensures the person’s assets are accounted for, and any outstanding debt is paid in full. They also distribute funds to those entitled to them as stated in the terms and conditions of the will.

They must also ensure the estate is handled within the Queensland Laws of Intestacy if there was no will.
If you are the Next of Kin of someone who has passed away with no will or you have been appointed as executor of a person with their assets in Queensland with no will, we can help. Our deceased estate lawyers will guide you through the steps required to ensure the estate has been handled under the applicable law.

We will alleviate the burden and stress by assisting you with our services, whether you would like guidance or request us to help you all the way through, depending on how you feel you can handle the situation.

It is always wise to speak to us first, so we can ensure you are on the right track, and we offer a no-obligation, hassle-free thirty-minute consultation, which you can arrange by calling us on 07 3278 1388.
Remember, these situations can be stressful, and sometimes people feel pressured, so having us as a shoulder to lean on will undoubtedly help.

Power of Attorney or Enduring Guardian

You don’t have to be old to be incapacitated to have an illness, an accident, or an event that renders us unable to think or act the way we would typically.

Power of Attorney is a legal document that enables a single person or multiple people of your choosing to act and make decisions on your behalf.

What is Enduring Power of Attorney?

The legislation for Powers of Attorney changed, becoming two documents – General Power of Attorney and Enduring Power of Attorney (“Enduring” means ‘lasting’). General Power of Attorney is valid whilst you are of sound mind and is usually applied to a specific purpose and time frame, like when you sell a house or are away for a lengthy period and wish someone to take care of matters. Note that this becomes invalid if you pass away or lose your ability to act for yourself.

Enduring Power of Attorney will remain valid if and when you are not of sound mind, and it gives your ‘attorney’ the ability to manage your affairs and assets on your behalf.

An authorised party or witness should explain both types of Power of Attorney. A Solicitor is ideal as they understand the legal aspects under the provisions of the law. It is a requirement that a Lawyer explains the details of the document before you sign, and the solicitor, in turn, must acknowledge they have carried out that task by signing a Certificate.

Our team are highly experienced with all aspects of Power of Attorney (POA) and would be more than happy to help you with your requirements.

If you would like to discuss your Will, Probate, Estate Planning, Contested Estate or anything else in this field with our Brisbane Wills and Estate Lawyers, please call our office on 07 3278 1388