Springwood Lawyers

It might be that you think your estate is only small and therefore it is not worth the cost of having a Will prepared.

If your loved one has passed, it is necessary to carry out their wishes as expressed in their Will.

Executors will usually require the assistance of a lawyer in this regard. 

Section 33N of the Succession Act 1981 ensures that if you leave part of your estate to one of your children and that child predeceases you, then the share of your estate which you left to your now deceased child, will be divided equally amongst your deceased child's children (your grandchildren) upon your death.

Often in the administration of a deceased estate, an asset holder such as a bank, a share registry or an aged care facility (who holds a nursing home bond or the like) will require a grant of representation prior to releasing the asset/paying the monies into the estate.

"I can do it myself. I'm not going to pay a solicitor to do my Will. Why should I?"

As parents we want the best for our children and at times we feel that we have to save our children from themselves.

Solicitors are frequently asked, "How long can I make my children wait before they receive their inheritance after I die?". It is understandable in certain circumstances that a parent would ask this, because some inheritances which may be wasted if received at 18, might not be wasted if received at 25.

Have you ever wondered what would happen if you and your spouse died at the same time?

Well it depends…

The law enabling Queenslanders to make international wills came into force on 10 March 2015. International wills must meet the requirements of both the Queensland legislation and the Unidroit Convention.

When a person dies “intestate”, this means that the person has died without leaving a valid Will.

This has the effect that instead of a person’s estate being distributed pursuant to the Will, it will be distributed pursuant to the intestacy provisions of the Succession Act.

Executors and Administrators of deceased estates are referred to as Personal Representatives.

Personal Representatives have the responsibility of paying the deceased’s debts out of the deceased’s assets which come into the estate. They are liable for the payment of debts to the extent of the assets which come into the estate.

Sometimes following the death of a testator, the Will is read and an error is found. In Queensland, the court has power to rectify a Wil so as to carry out the testator’s intentions, providing the error is clerical in nature and the Will does not otherwise give effect to the testator’s intentions.

Making provision for a disabled child in your Will can be a difficult matter. How much of your estate should you leave the disabled child in comparison to your able bodied children? Who should the trustee be and on what trusts should your gift for the disabled child be left?

Statutory wills are also called ‘court made wills’ or ‘court authorised wills’.

Statutory will cases are often divided into three categories, and these categories offer some insight as to the circumstances in which it may be appropriate to make application for a statutory will.

What is a testamentary trust?

Testamentary trusts are created by a Will.

It is important for all of us that our wishes are carried out regarding how our property is divided after our death and that we benefit our loved ones as much as we are able to. There can be unforeseen, negative consequences which come from attempting to "rule from the grave". A Will containing a testamentary trust can provide significant advantages and flexibility to beneficiaries. Such a Will can provide for beneficiaries tax advantages through income splitting as well as protection of estate assets against the risk of claims arising from financial or other difficulties encountered by beneficiaries.

A common misconception is that if you die without a Will then your estate all goes to the Government.

It can be the case that a deceased leaves a ‘Will’ but that such ‘Will’ does not comply with the formal requirements of a Will. It may be for instance that the "Will" simply has not been executed properly, but it can also be the case that the ‘Will’ has been recorded in an unusual way such as left as a message on a mobile telephone or as a poem.

Even in circumstances where the deceased leaves a Will, it is sometimes the case that the contents of such Will are unclear. If the Will contains something like a clerical error, then an application for ‘rectification’ may be required. If the problem is more complicated than that, an application to the Court for ‘construction’ of a Will may be required.

Preparing a Will

A Will is one of the most important document that most of us will ever sign. It determines how our property is distributed upon our death. What we say in our Will is often the last thing that we say to our loved ones and the final way that we can go about helping our loved ones. Having a Will in place which states clearly how you want your assets to be distributed upon your death, allows for peace of mind for both you and your loved ones. 

It is often difficult for a willmaker to know what to do and what is fair, when making a Will in circumstances when they have children from a former relationship but they still want to provide for their new spouse. Not only is it difficult to work out what is "fair", but it is also important for the willmaker to minimise the risk of a Family Provisions Claim being made against the estate.