Estate Planning & Administration
Legal Help for Estate Management & Asset Protection
We are experienced in preparing Wills, Enduring Power of Attorneys, Advance Health Directives and binding death nominations in you superannuation fund. We also have experience in Estate Administration and Litigation.
Writing a Will
Enduring Power of Attorney
Advance Health Directive
Binding Death Nomination
Deceased Estate Administration
Challenging a Will
Estate Planning
Writing a Will
What happens if you die without a Will in Queensland?
A Will is a legal document which states your final wishes relating to the distribution of your estate, management of affairs and guardianship of your children.
If you are to die without a Will, this is called dying intestate. In this case, your estate would be distributed according to Succession legislation. Creating a Will ensures that you have the power to dictate how your assets will be distributed and allows you to voice your wishes for a number of important issues.
What are the effects if I don’t have a Will?
If a person passes away without a valid Will, Queensland legislation sets out a specific class of people who are eligible to apply to administer the estate. This usually includes close family members such as a spouse, children or other next of kin. If no eligible person steps forward or is available, the Public Trustee of Queensland may step in to manage the estate. Without a Will, there is no opportunity to nominate your preferred executor, meaning your loved ones may not have the certainty or guidance you intended to leave behind.
Enduring Power of Attorney
What is an Enduring Power of Attorney and why do you need one?
There are situations where extended absences or incapacitation due to illness, accidents, or age may render you unable to manage your personal affairs.
An Enduring Power of Attorney document serves as a critical instrument, empowering an appointed Attorney to make decisions regarding your financial and health matter during any period of incapacity. You have the flexibility to designate one or more Attorneys, define the conditions under which their authority activates, and outline their scope of actions on your behalf.
The Attorney must act in your best interests and you are of course able to continue to make your own decisions whilst you have the capacity to do so.
What happens if you do become incapable of managing your affairs?
Without a valid Enduring Power of Attorney, your affairs could remain in a state of uncertainty until your capacity is restored or an Order of the Court is obtained. It’s a common misconception that a spouse automatically possesses the authority to act on your behalf, particularly if assets are jointly held. However, this is not the case!
Becoming incapacitated without a designated Attorney under an Enduring Power of Attorney can pose great challenges for your family for your long term care whilst you are still alive.
Advance Health Directive
Why do you need to complete an Advance Health Directive?
An Advance Health Directive is a document that you can use to record your wishes and decisions with respect to your future health care. Prepared while you are still of sound mind, it provides detailed instructions about what you would want done in various serious health situations. It deals with circumstances where you are unconscious or otherwise seriously ill, and details the care and treatment that you would like to have or would prefer to refuse should you find yourself in that position.
Binding Death Benefit Nomination (BDN)
It is often a common misconception that superannuation and associated insurance entitlements automatically become an asset of your estate upon your death. However, this is usually not the case, as superannuation is not an estate asset.
Making a valid binding death benefit nomination allows you to determine how your death benefit will be paid after your death.
Our solicitors will help you to consider:
- How to determine your binding death benefit nomination to suit your estate planning needs.
- Whether your death benefit should be paid directly to your chosen beneficiaries, or to your estate.
- Who can be a beneficiary under your binding nomination.
- How to keep your death benefit current and in force.
ACS Legal Solutions can also help to prepare binding death benefit nominations for self-managed super funds (SMSF).
What happens if you don’t have a BDN?
A BDN is generally only effective for 3 years. After this time the nomination will lapse and a new one will need to be done. Where your BDN lapses, the Trustee will have regard to, but will not be compelled to follow your direction. A BDN is particularly useful in situations where you wish to nominate that a particular person should receive the benefits, or to particularly exclude a person from receiving a benefit. While there are advantages and disadvantages in these scenarios, it is important to consider your personal circumstances. Just as you would obtain advice when preparing your will, we recommend that you obtain advice when preparing your BDN to be sure that you have considered all of the appropriate circumstances.
Deceased Estate Administration
Deceased Estate Administration Solicitors in Queensland, helping to manage the affairs of your loved ones after their passing.
Probate & Deceased Estate Administration
When a loved one passes away, the finalisation of their affairs needs to be taken care of by an Executor or Administrator.
The process will differ greatly depending on the size of the estate and whether the deceased left a valid Will. If the assets of the estate are significant, in most cases, financial institutions will require either a Grant of Probate or Letters of Administration be obtained from the Supreme Court in order for them to release funds.
Our team can assist you with all aspects of estate administration including:
- Applying for Probate or Letters of Administration.
Dealing with property – sale, transfer, record of death or transmission application. - Calling in funds from financial institutions and superannuation funds.
- Dealing with assets held in joint names with the deceased.
- Settling all debts held by the deceased.
- Advising you as to the duties of an executor or administrator, including dealing with taxation, and ensuring that the estate is administered with regard to the law and any potential claims which may arise against the estate.
- Helping to settle a claim for provision against the estate.
We understand that acting as an administrator or executor for a loved one can be difficult in a time of mourning. When you feel that you are ready to discuss administration of the estate, our solicitors can help to guide your through the process so that it is easier and less stressful.
Application for Family Provision
An application for family provision is made to the Court in circumstances where a beneficiary believes that an inadequate provision has been made for them under a person’s Will. An application may only be brought by someone who was a spouse, child or dependent of the deceased.
This is one area of litigation where it is important to remain sensitive to family dynamics. These matters are often resolved through negotiations and our aim is to bring a satisfactory conclusion as early as possible in the proceedings. Where litigation cannot be avoided, we have the skill and experience necessary to present and promote your case to its best advantage.
If you believe that adequate provision has not been made for you under a will, please contact our office to make an appointment with one of our solicitors to discuss prospects and options moving forward. Strict time limits apply, so we recommend seeking legal advice without delay.
Challenging a Will?
There are a number of avernes available to challenge a Will. ACS Legal Solutions can assist.
What Our Clients Say
Why Choose ACS Legal Solutions?
Challenging a Will or need help with Estate Planning? Our ACS Legal Solutions solicitors will help protect and preserve your wishes. Contact us today to schedule a consultation and experience the difference that our dedicated team can make in your legal journey.
EXPERIENCE
With 16 years of experience in family law, our team has a deep understanding of the complexities involved in divorce, property settlement, and binding financial agreements.
Cost-Effective Solutions
Clear Communication
We value open and transparent communication. This ensures you are informed and involved throughout the entire process.