Wills and Estate Planning Lawyers
Ensuring you have a recognised, above-board legal Will is a crucial part of Estate planning (also referred to as succession planning). When you contract the Wills and Estates services of our Greenhalgh Sunshine Coast solicitors and accountants, your will lawyer will guide you through the process and help you put strategies in place to ensure your personal and business interests and assets are managed, and distributed, as per your wishes upon your passing, or in the event you lose the capacity to manage them yourself.
Wills and estate law strategies vary depending on what sort of assets you hold, your family situation, and of course, your personal desires. And things such as Superannuation, second marriages, blended families, jointly owned assets, trusts, business interests, and overseas assets (to name a few) all require particular consideration.
Our experienced estate planning lawyers, and property dispute lawyers, and paralegals on the Sunshine Coast will assist you with all aspects of estate planning. From simple Wills and EPA’s to testamentary trust wills, mutual wills, business succession, superannuation succession, trusts, international asset planning, asset restructuring, through to complex family circumstances and property and will disputes – our Sunshine Coast lawyers do it all for clients across the whole of Queensland!
Trusted Will Solicitors Sunshine Coast
A Will directs what happens to your assets and liabilities when you die. A Will can also be used to:
Appoint guardians for minor children
Establish testamentary trusts to protect the estate assets if there are concerns about a family member’s abilities, potential family law or bankruptcy issues, or to maximise tax savings
Transfer assets conditionally to beneficiaries, such as directing that a particular asset should not be sold, or that a beneficiary should only receive a gift on reaching a certain age
Direct what is to happen to your business, company or trust in certain circumstances
Apply certain assets such as life insurance or superannuation proceeds for selected purposes such as discharging an outstanding mortgage
Just as important as considering what assets and liabilities should be dealt with by your Will is considering what assets and liabilities should be kept out of your estate and out of the Will’s scope. It is often necessary to quarantine assets to protect them from potential property and will dispute claims by creditors, excluded family members and former partners.
If you die without leaving a valid Final Will and Testament, your estate must be distributed according to Queensland legislation. Not only can this lead to unintended consequences, but almost always leads to significant delays and additional expense for those left behind (especially if they need to retain the services of will dispute lawyers). This is why it’s essential you work with a trusted and experienced will solicitor.
Don’t leave anything to chance, and don’t leave your loved ones at risk of requiring the services of property and will dispute lawyers after your passing. Ensure your final wishes are carried out, and your assets are distributed, exactly how, and to whom, you see fit. Contact our Sunshine Coast Will Lawyers to help you draft a binding, comprehensive Last Will and Testament.
Estate Administration Services
The estate lawyers at Greenhalgh Pickard estate law firm can help you navigate the complexities of administering a loved one’s estate with understanding and sensitivity. Our estate lawyers can provide comprehensive assistance and deal with all aspects of a deceased estate, or our estate planning solicitors can simply provide advice and guidance to equip the executors to administer the estate themselves.
Executors have multiple responsibilities and there can be significant legal and financial consequences if these are not properly carried out.
For most estate administration matters our estate lawyers will defer payment of our fees until funds are available to the estate. At Greenhalgh Pickard, our estate planning solicitors can assist with all aspects of deceased estate administration, including obtaining grants of probate and letters of administration, releasing nursing home deposits, transferring ownership of real estate and assisting with any tax issues.
Estate Planning Lawyers & Will Solicitors
Greenhalgh Pickard’s Will solicitors (including Will Dispute lawyers) are second-to-none, and the Sunshine Coast law firm’s legal services are available across Queensland.
Estate planning (also referred to as succession planning), is the process of putting strategies in place to ensure your personal and business interests are managed according to your wishes when you pass away or if you lose capacity to manage them yourself.
Legal strategies vary depending on the type of assets you own, your family situation, and your personal intentions. To name a few, particular consideration needs to be given to superannuation, blended families and second marriages, jointly owned assets, trusts, commercial and business interests, loan repayments, and overseas assets.
Our experienced estate planning solicitors, will lawyers, and paralegals can assist you with all aspects of binding death benefit estate planning, from simple Wills and EPA’s to testamentary trust wills, mutual wills, international asset planning, asset restructuring, business succession, superannuation succession, trusts, complex family circumstances and will disputes.
What is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney (also referred to as EPA or EPOA), directs someone to manage your financial and personal affairs if you are unable to manage them yourself, whether because of incapacity or absence. This is a critical and often overlooked document which is drawn up by a family lawyer that effectively nominates a person or persons to stand in your shoes to make decisions on your behalf. That person is known as your attorney.
It is important to seek legal advice from an estate planning lawyer before making an EPA to make sure that the attorney can perform the role as intended. There are many legal pitfalls to consider when drafting an EPA so to ensure you’re armed with all knowledge required and are guided through the process correctly, contact our estate planning solicitors in Sunshine Coast.
If you lose capacity, but have not made a valid EPA, your family members may need to apply to a court or tribunal to be formally appointed to make decisions for you. Otherwise the Public Trustee or Public Guardian may take charge of your affairs.
Binding Death Benefit Nominations –
Many people are unaware that their Last Will & Testament does not direct what happens to their superannuation after death.
Generally, superannuation does not form part of a person’s deceased estate. The same principles apply whether superannuation is held in an industry or retail fund or is self-managed. The experienced estate planning and will solicitors at our Greenhalgh Pickard Sunshine Coast law firm can guide and advise you in relation to your superannuation succession.
Death benefit nominations are separate documents directing how your superannuation is paid on your death and are a crucial aspect of estate planning. The class of beneficiaries who may be nominated is strictly regulated and it is important to make an informed decision when making a nomination. Without a current, valid death benefit nomination in place, your superannuation may end up in unintended hands when you die.
If you have reason to challenge or contest a Will, give our expert estates law team a call today for an obligation free call.
We will provide immediate and proactive advice and assess if you meet the “no win, no fee” will dispute criteria. Talk to a Greenhalgh Pickard will dispute lawyer on (07) 5444 1022 today to find out if you’re eligible.
Greenhalgh Pickard Estate Planning & Will Lawyers Sunshine Coast
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