WILLS & ESTATES LAWYER SUNSHINE COAST

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Best Wills & Estate lawyer in Sunshine Coast, Queensland

A Will is an important legal document that expresses your wishes on how your property will be distributed upon your passing. It is your decision to instruct who will be responsible for managing your assets and belongings.

Not having a Will can cause conflict and tension within your family as they will be left to make the decision of your possessions. The first step to making a Will is to gather information of your assets and debts. You must be 18 years or over to make a valid Will.

Have you updated your Will?

Don't let your busy lifestyle prevent you making an important decision about planning your estate. If you pass away without having a valid Will your estate will be dealt by legislation and may not be what you would have intended.

If you already have a Will and your circumstances have changed (married, separated, executor has passed away or withdraw their duty) you need to update your Will immediately. It is never too early or too late - you just don't know what is around the corner, accidents happen unexpectedly.

Having a planned estate ensures your assets are protected for the benefit of your family and loved ones. Assets being property, car, bank accounts, shares etc. You can also take control of other matters such as superannuation, joint tenancies or a family discretionary trust, life insurance of which do not form part of your estate so they too can be protected and passed to your beneficiaries.

At Alex Mandry Legal Group, we stress the importance of having a properly drawn Will. Take control of your estate and plan ahead so your assets are distributed accordingly to your wishes. Contact our expert Wills & Estate lawyers in Sunshine Coast to help you prepare your Will.

• Experienced Wills & Estate lawyers
• Our experienced Wills & Estate lawyers offer peace of mind, security and understanding
• Cost-Effective
• Our lawyers will assist you in a professional and cost-effective manner
• Client Focused
• We ensure your assets are distributed according to your wishes

Wills & Estate areas we specialise in:

• Will Preparation
• Enduring Power of Attorney
• Inheritance Claims
• Deed of Family Arrangements
• Probate
• Advance Care Directive
• Administration of Estates

ESTATE PLANNING

Whether you require a will or have intricate estate plans, require an application for Probate, support with administration of an estate, or have a dispute over the provisions of a will, our expert Estate Lawyer is here to help.

Do I need a Will?

Drafting a Will may be one of the most important documents you ever take care of in your life. It is one of the most important legal documents that anyone having any type of property, financial resources, shares, superannuation or any other asset should have.

There are many things that must be considered when preparing a Will including, who will take care of your wishes under your Will, who will you leave your estate to and what if the person or people you want to leave your estate to are not around when you pass….what then?

Below are a few of the questions that we will ask you when we prepare your Will. This is a simple guide to what we need to know to make sure that your assets end up in the right hands.

1. Will maker’s details, ie. name, address, occupation


2. Executor’s details (the person you would like to take care of your estate)


3. Spouse, children and step children details


4. Any previous spouse details


5. An alternate Executor


6. Your assets held in and/or outside Australia


7. Details of any business partnerships


8. Details of any Family Trusts held


9. Any specific gifts you would like to leave.

Do I need an Enduring Power of Attorney?

An enduring power of attorney is a legal document that allows you to appoint someone you trust to make decisions for you during your life time, if you no longer have the capacity to do so. An enduring power of attorney usually takes effect when you lose capacity to manage your own affairs.

Losing capacity does not just happen to people who are ageing. It can happen at any time and it may be temporary or permanent. People can lose capacity for decision making due to intellectual or psychiatric disability, acquired brain injury, dementia or temporary illness.

Who should make an enduring power of attorney?

You should.

If you are over 18 and have capacity to understand the nature and the effect of the power you are giving, it’s important you plan for your future by making an enduring power of attorney and we can help you with this process.

Do I need an Advanced Health Directive?

At some point in the future, you may be unable to make decisions about your health care, even temporarily. This might be due to an accident, dementia, a stroke or a mental illness.

An advance health directive allows you to:

• Give directions about your future health care
• Make your wishes known and give health professionals direction about the treatment you want
• Appoint someone you trust (an attorney) to make decisions about health care on your behalf.

When to make an advance health directive

The best time to make an advance health directive is now, before any urgent health condition arises. However, it’s particularly important to make one if:

• You’re about to be admitted to hospital
• Your medical condition is likely to affect your ability to make decisions
• You have a chronic medical condition that could cause serious complications (e.g. diabetes, asthma and heart or kidney disease).

Who can make an advance health directive?

To make an advance health directive, you must be 18 or older and have capacity to understand the nature and effect of the advance health directive.

DECEASED ESTATES

What is a deceased estate?

A deceased estate refers to the property and assets of a person who has died. This is a very emotional time and the administration of a deceased estate can be demanding and complex. That is why you need an experienced Estate Lawyer to assist you.

Property and assets can include real estate, money, personal possessions, and other assets.

In situations where there is a valid Will, in most cases you will need to apply for a Grant of Probate.

What is a Grant of Probate?

A Grant of Probate is an order from the court to say that a Will is valid, and the executor has authority to collect and distribute the assets in accordance with the Will.

Our Estate Lawyer can help you understand if you need a Grant of Probate, as well as assisting you with other tasks in the process, including:

• Completing your application
• Advice on the requirements for a Grant of Probate
• Distribution of the estate
• Your duties as an executor

What do I need to apply for probate?

1. Summary of estate: assets and liabilities. This will include a summary of any properties owned, outstanding debts, cash and shares, and the value of any other assets such as jewellery or family heirlooms.


2. The original Will. You'll need to locate the original hard copy signed Will - this may be held by a trusted person such as an accountant or lawyer, or it might be stored with the deceased’s personal papers. You cannot apply for probate without a Will.


3. The original death certificate. You will need the full death certificate of the deceased person. You can obtain this from the Births, Deaths and Marriages Registry in your state.

What should I do?

1. Reach out to our Estate Lawyer. Contact us by phone or email and our Estate Lawyer is ready to help you.


2. Gather all of the documents. This includes the deceased’s financial information, the title for any real estate, the original Will and death certificate.


3. We'll apply for probate. We will complete your application for a Grant of Probate, and the other necessary tasks to manage the estate.


4. Distribution of the estate. Once probate is granted, we can also help with distributing the estate.

How long will this process take?

It is generally expected that an executor will start the probate application process within 3 months of the date of death. A Grant of Probate can be obtained in around six weeks from the time you submit your application and provide us with necessary documents. The administration of the estate should then be completed within 12 months.

What are Letters of Administration?

In situations where there is not a valid Will, you will need to apply for Letters of Administration.

Letters of Administration give legal authority to a person, or people, to administer an estate when an executor has not been appointed due to the absence of a Will, or where the nominated executor has died and there was no substituted executor appointed. This person, called the 'Administrator', is usually the person who is entitled to the estate, such as a spouse or dependant, or the next of kin of the deceased.

Our Estate Lawyer can help you understand if you need Letters of Administration, as well as:

• help you to compete all of your duties as an Administrator;
• prepare your application to the Supreme Court;
• advertise your intention to apply for Letters of Administration;
• meet with you to witness the signing of your application;
• lodge your application at the Supreme Court;
• provide you with certified copies of the Letters of Administration.

What do I need to apply for Letters of Administration?

1. A complete inventory of the deceased's assets and liabilities.


2. An affidavit addressing your relationship to the deceased and why you should be considered the Administrator.


3. You may also be asked to provide originals and photocopies of relevant documents such as birth or marriage certificates and other documents confirming your relationship with the deceased.

This can be a complex process at a stressful time. If you need Letters of Administration, we can help speed up the process and take the administrative burden from you.

How long will the process take?

It is generally expected that an Administrator will start the process within 3 months of the date of death. The administration of the estate should be completed within 12 months.

What happens if I don’t apply for Letters of Administration?

If there is no Will and you have not applied for Letters of Administration, the financial institutions that hold the assets of the deceased may refuse to release those assets depending on their policies.

What is a Family Provision Claim?

Challenges by overlooked family members or dependants or for share (or increased share) in estate because of being inadequately provided for are becoming more frequent.

The law allows family members or dependants who have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them. Typically these claims come from a child, spouse, former spouse or certain dependants left out of a will or a beneficiary wishing to challenge the fairness of the gift allocated to them.

Written notice must be given to the executor within six (6) months and legal action commenced within nine (9) months of the date of the deceased’s death. The contest can be resolved by agreement but if not, is determined by the Supreme Court. Factors that the Court will consider when determining if the applicant has a valid claim include:

• the relative financial positions of the parties;
• relationships between the deceased and all potential beneficiaries;
• the special health or other needs of a beneficiary or potential beneficiary;
• the size of the estate;

The application must be supported by a detailed affidavit setting out the history and all relevant facts.

If you have a question, you can email us at admin@alex-mandry.com.au, want further information or would like to speak to someone, make an enquiry now and we’ll be in touch with you very soon.