Expert Wills and Estate Lawyers
Helping you make the right decisions
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 but also demystify the technical jargon, so you have clarity, and the ability to make clear, concise decisions that are the best for you and your family.
Access Solicitors Brisbane can help you with any of the following Will & Estate services:
Making a Will
Your Will is a legally binding agreement that dictates your wishes with regards to the distribution of your wealth and assets as well as 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 which can lead to family disharmony and potential legal issues.
A Will can be prepared directly 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 always strongly advise you to speak to Access Solicitors about helping you with professional Will preparation and drafting that will stand the test of time for a very affordable price.
Left out of a Will?
If you are in the 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; Access Solicitors 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 greater share of the estate or certain assets by way of a family provision claim. The best advice right now is to make contact us to discuss your situation so we can outline a way forward.
A Probate is a document that gives you the authority to deal with your loved one’s estate officially. It is a document that is issued by the supreme court containing the official seal of the court. Obtaining a Probate is not mandatory, but it becomes important in a situation where you have been an administrator of the Will, 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 any amounts incorrectly distributed. 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
- This 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 that has an outstanding loan over the deceased asset will likely insist probate is in place.
It can take up to 3 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 which must have the correct information; otherwise, more time will be lost trying to obtain the right details so it is advisable you speak with our probate lawyer as soon as possible.
Letter of Administration
There are also situations where the court issues a “Letter of Administration” as an alternative to Probate which carries the same power and is used in the circumstances such as when there was no Will in place.
Access Solicitors can short-cut the time involved and eliminate mistakes by doing Probate on your behalf for very affordable rates.
Deceased Estate Lawyers that can ease the Burden
If a person close to you passes away, there will be a requirement for someone to be appointed as the administrator or executor of their estate. The administer will ensure that all the person’s assets have been accounted for and any outstanding debt has been paid as well as distributing the funds to those entitled to them as stated in the terms and conditions of the Will. If in the case there was no Will, they will also have to ensure the estate is handled within the Queensland Laws of Intestacy.
If you are the Next of Kin of someone who has passed away with no Will or if you have been appointed as the executor of a person with their assets in Queensland with no Will, our deceased estate lawyers can help you with the steps required to ensure the estate has been handled under the applicable law.
We can help you alleviate the burden and any stress by assisting you with our services whether you would like guidance or you would like us to help you all the way through; this is up to 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 can feel pressured by the situation, so having Access Solicitors as a shoulder to lean on will most certainly help.
Power of Attorney or Enduring Guardian
You don’t have to be old to be incapacitated, anyone one of us could have an illness, an accident, or an event that renders us unable to think or act the way we would normally have.
Power of Attorney is a legal document that enables a single person or multiple people of your choosing to be able to act and make decisions on your behalf.
What is Enduring Power of Attorney?
The legislation for Powers of Attorney changed, which resulted in it becoming two documents – General Power of Attorney and also Enduring Power of Attorney. “Enduring simply means ‘lasting’ for example if General Power of Attorney is valid whilst you are of sound mind and is usually applied for to a specific purpose and time frame such as when you sell a house or if you were away for a lengthy period of time and wished someone to take care of matters officially. These become 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.
Both types of Power of Attorney have to be explained to you by an authorised party or witness, such as a Solicitor who understands 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.
Access Solicitors 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