Wills & Estates at ABKJ
Creating a Will
Creating a Will is one of the most important responsibilities of anyone who has assets. Without a valid and correctly worded Will, the chances of your estate being distributed exactly the way you want is greatly reduced. Once a Will has been created, it is just as important to update your Will if your circumstances change.
For more information on this, read our article on ways you can reduce the risk of Estate Litigation.
If you want to ensure your will is legally binding and will do the job you intended it to, contact ABKJ to talk to one of our Will & Estate Planning Lawyers based on the Gold Coast.
Contesting the validity or intention of a Will is a complex process. If a Will is written clearly, and without ambiguity, there is generally little a court can do to override the wishes of the deceased person. However, a Will can be contested or challenged if:
- It is alleged the Will was incorrectly executed or was tampered with.
- The Will was executed under pressure from others or the Will maker was incapable of making a Will.
- Insufficient provision has been made in the Will for a spouse, children or other persons the Will maker has an obligation to provide for. Where family members have not been adequately provided for under the terms of a Will, an application can be made for provision to be made out of the deceased's Estate.
- The Will has been incorrectly administered.
Estate disputes can create undue stress during an already difficult time. It's important you speak with an experienced estate litigation lawyer without delay regarding your matter.
Probate & Deceased Estate Administration
If you have been appointed an Executor of an Estate or you are a relative of a deceased who died without a Will (or valid Will), ABKJ Lawyers experienced team can assist you with explaining your legal duties and options with respect to the administration of the deceased estate, providing you with assistance and guidance with lodging an Application for a Grant of Probate.
What is Probate? - Probate is the official recognition that a Will is legally valid in the eyes of the Supreme Court and the authority for the Executor of the Will to administer the estate.
At ABKJ Lawyers, our Gold Coast estate lawyers have extensive experience in the area of probate and deceased estate administration and will be able to provide sensible, cost-effective advice and legal services on the available methods relevant to your particular situation. We will take the worry and stress out of this sometimes onerous task and provide the personal attention that is required.
If you're making a Will, updating an existing Will, need Estate Planning advice or you've been appointed the Executor of an Estate, contact us for quality legal advice.
- Information about deceased estates
Enduring Power of Attorney
An Enduring Power Of Attorney is a document that will help guard against the possibility of being unable to manage your own personal and financial affairs following a serious accident or illness, or become otherwise incapacitated.
A power of attorney allows another individual to act on your behalf and is something that requires careful consideration. The enduring power of attorney gives the attorney the power to do anything the incapacitated person may lawfully do, including accessing bank accounts, selling property and other investments, or making health decisions.
It's crucial that this role is decided at a time that the individual assigning the power has full mental capacity and capable of thinking rationally, and the person chosen is likely to make honest and competent decisions on your behalf.
ABKJ Lawyers have a great deal of experience in matters relating to enduring powers of attorney. Our experienced team will provide professional legal advice on the implications, prepare legal documents and/or review an existing enduring power of attorney.
Gold Coast Wills & Estates Lawyers
If you're making a Will, updating an existing Will, have an Estate Planning matter or you've been appointed the Executor of an Estate, speak with an estate planning lawyer for quality legal advice. ABKJ Lawyers is based on the Gold Coast with a dedicated team of experienced will and estates lawyers who will provide you with professional advice across a wide range of estate planning and administration matters, including:
- Drafting and updating legal wills
- Contesting wills and estate litigation
- Powers of Attorney matters
- Granting of Probate
- Executor's role and obligations
- Letters of Administration
- Advanced Health Directives
- Testamentary Trusts
Our experts in estate administration will carefully consider your circumstances and ensure your estate assets are carefully managed in the event of your death or incapacitation.
For comprehensive advice from an experienced law firm, contact the estate lawyers at ABKJ today.