Wills, Estates Administration and Succession Planning in Bundaberg
Respected Regional Law Firm
Our firm has long been recognised as one of the most respected Queensland regional law firms in the succession and estate area of law, which involves:
- Preparation of wills;
- Estate and succession planning strategies;
- Administration of the estate of deceased relatives; and
- Contests and disputes concerning wills and estates.
Your Will is one of the most important, if not the most important, documents you will sign. Therefore, it is necessary to make sure it is done correctly and reflects your wishes. Administration of Estates occurs at an emotional and difficult time.
Disputes and arguments over Wills and Estates can be very traumatic as they involve disputes between family members. We are mindful of the need to keep costs, distress and delays to a minimum. Glen Krebs is a Queensland Law Society–Society-accredited specialist in Succession Law and practices exclusively in Succession Law and Estate Administration work. As a further service to our clients, we will look after your Will and other documents in our Safe Custody vault. This service is provided free of charge.
Wills
A Will is essential for anyone over the age of 18. It makes a clear outline of your final wishes and can save lengthy Court battles and family disputes. Having no Will, or a poorly drafted Will, can have serious financial and other consequences for those who are left behind. We encourage people to seek expert legal assistance in preparing a Will. “Do It Yourself” Will kits frequently result in litigation caused by lack of compliance with signing requirements, or caused by issues which might have been avoided should legal advice have been obtained.
When a person dies intestate (without a Will), there are often court battles as to how their assets and personal belongings are distributed. This can increase the cost and time of your Estate administration. There are many things that can affect your Will without you physically changing the document itself, for example:
- Marriage;
- Divorce;
- Entering into a de facto relationship;
- Birth of children or grandchildren; and
- Death of executor or beneficiary.
A Will can do much more than simply list details of who your assets should go to. It allows you to:
- Nominate who will be in control of monies if your children are minors;
- Appoint a guardian for decisions regarding the care of minor children;
- Provide directions as to the type of funeral you wish to have;
- Ensure a smooth changeover of digital assets and social media accounts; and
- Have a greater peace of mind. Knowing you have a proper plan in place will allow you and your family to feel more at ease.
It is recommended that you review your Will every five (5) years on average to ensure that your circumstances and current wishes are still being met.
Enduring Powers of Attorney
An Enduring Power of Attorney (EPA) is a document designed so that you can appoint a person you trust (your attorney) to take care of financial, personal and/or health matters when you are unavailable or have lost capacity. EPAs can be very useful to have from the moment you turn 18, in case of an unexpected accident or illness that renders you incapable of making your own decisions. Without an EPA, there can be major problems and family disputes. Your attorney should be someone close to you that you trust absolutely as they can control almost everything in your life.
Advance Health Directive
An Advance Health Directive (AHD) provides direct instructions from you to your family and medical practitioners about how you wish your health care to be handled if you lose the capacity to make such decisions. This can relieve a great deal of stress and anxiety for your attorney or family members if any decisions need to be made about life support or certain treatment options. You should carry a card or some sort of instruction on you at all times to state that you have an AHD and where it is held so that medical staff can get a copy as soon as possible.
Estate Administration
When a loved one passes away, it can be extremely hard. Payne Butler Lang understands this and makes an extra effort to ensure the process is as quick as possible while also ensuring the best possible outcome. Every estate has its own personal situations and circumstances, so if you would like to speak with our Queensland Law Society–Accredited Specialist in Succession Law, Glen Krebs, please do not hesitate to contact our friendly staff.
Estate Disputes
While the cornerstone of the law is the right to leave your property to whomever you wish, there are sometimes sound reasons why a person may choose to contest a Will. We can help you contest a Will, or to uphold a Will that is being challenged.
Family Provision Application – if you have been left out of a Will, you may be eligible to bring a claim for provision to be made for you from the Estate.
Challenging a Will – there are generally two grounds for contesting a Will:
- If you have concerns that a person was suffering from an incapacity at the time he/she made his/her Will, you may consider contesting a Will based on a lack of testamentary capacity; and/or
- If you feel a person was under pressure or influence when making his/her Will, contesting a Will based on undue influence may be an option.
We have successfully resolved numerous claims of this nature. Strict time limits apply so it is important you seek legal advice to discuss your position early in the administration process.
Elder Abuse
Elder law focuses on the rights and responsibilities of aged persons. The proportion of ageing residents is steadily increasing, set to represent 25% of the population by 2056.
Elder abuse is when someone in a relationship of trust with an older person acts to cause emotional, psychological, financial, physical or sexual harm. It can arise from intentional or unintentional acts.
We can assist in accessing sanctions, remedies and protections related to elder abuse.
Your Legal Partner since 1887
Call us on (07) 4132 8900 for expert wills and estates legal assistance.