6-8 William Street, Nambour, Sunshine Coast

Wills and Estates Lawyer Services

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Wills and Estates

Our wills and estates lawyers pride themselves on being able to provide advice to deal with estate administration without undue complication or risks in a timely and professional manner.

A Will ensures that when you pass, your belongings go to those you love. We all accept that one day we will die.

When that day comes, if you don’t have a concrete, airtight Will put together with the aid of an experienced estate and will lawyer your assets could be distributed in a way that you would never have intended.

The making of a will can be one of the most crucial legal acts of your lifetime. While it is not a legal requirement that you have one, a proper Will should assist in preventing any unwanted financial difficulties that may arise where there is no will and disputes arise. Thus, it is imperative you have an expert will lawyer guide you through the process.

Succession Act 1981 (Qld)

If you die without making a Will, then you are said to have died ‘intestate’ which means that your estate will be dealt with in accordance with the provisions of the Succession Act 1981 (Qld) which nominates your beneficiaries for you and requires your property to be dealt with in certain ways, for instance, a possible forced sale of the family home or car to meet the claims of beneficiaries entitled to a share of your estate.

In our experience, as long-term, leading wills and estates law firm on the Sunshine Coast, we find “do it yourself Wills” are rarely completed properly and may be judged invalid. To ensure that your assets are distributed in accordance with your wishes you should have a wills and estates lawyer prepare your Will. Contact our will solicitors for legal advice regarding Estate Planning and Wills.

Criminal charges and the court process

Things that you should consider in relation to your Will include:-

  • Directions relating to guardians for your infant children;
  • Details of your funeral wishes and cremation or burial directions;
  • The appointment of the person or persons you want as your Executor(s). That is, the person(s) you trust upon your death to call in your Estates assets, pay any debts or expenses relating to your Estate and ultimately, distributing to your beneficiaries pursuant to the directions in your Will. This will ordinarily be a family member or friend and does not need to be a paid trustee company;
  • Your family members and their needs.

You can take control now through good planning.

It is necessary in the making of a Will that you take into consideration various factors in addition to the distribution of your assets in accordance with your wishes upon your death. Our estate planning legal team can assist you with the identification and consideration of such issues including legal obligations and taxation issues in succession law.

Proper estate planning may involve the establishment of testamentary trusts or life estates. A testamentary trust is when an asset (eg. cash) must be held on behalf of a beneficiary who for whatever reason cannot yet receive it themselves. The trustee holds the asset on behalf of the beneficiary until it can be paid to them. In the case of cash it would be invested.

In the absence of proper estate planning your family members could be left with unwanted burden in difficult times. We accordingly recommend that you speak to an estate lawyer from our wills and estates law firm about the ways you can avoid that.

You can take control now through good planning.

It is necessary in the making of a Will that you take into consideration various factors in addition to the distribution of your assets in accordance with your wishes upon your death. Our estate planning legal team can assist you with the identification and consideration of such issues including legal obligations and taxation issues in succession law.

Proper estate planning may involve the establishment of testamentary trusts or life estates. A testamentary trust is when an asset (eg. cash) must be held on behalf of a beneficiary who for whatever reason cannot yet receive it themselves. The trustee holds the asset on behalf of the beneficiary until it can be paid to them. In the case of cash it would be invested.

In the absence of proper estate planning your family members could be left with unwanted burden in difficult times. We accordingly recommend that you speak to an estate lawyer from our wills and estates law firm about the ways you can avoid that.

Executors

Deceased Estate Administration can be complicated and involve risks.

Upon someone’s death their Estate is handled by their executor(s) appointed under their Will (or if they did not have a valid Will, by an Administrator entitled to act pursuant to the law of Intestacy).

Choosing your executor is a very important decision as they will be entrusted to deal with all your affairs to your wishes. They must also be aware of their legal responsibilities as an executor and be capable of understanding the financial aspects of administering an estate. An executor will also need to be capable of dealing with any disputes that arise because of the Will, which happens from time to time.

The Executors/Administrators duties include following any funeral directions and arranging the funeral; reducing the estate of the deceased into possession, that is, to deal with the banks, land registries, share registries and other authorities to bring the assets into the estate; paying the debts of the deceased (reporting to the ATO to finalise taxation if any) and finally, distributing the estate to those entitled under the Will or Intestacy Rules.

In Queensland, our laws recognise the right to “informally” administer an estate where the asset holders (ie banks, share registries, land registry) will allow.

Depending on the type and value of the Estates assets, the Executors/Administrators may be able to dispense with the need to obtain formal Grant of Probate of the Will or Letters of Administration (thereby saving considerable expense to the Estate otherwise incurred in such Supreme Court applications).

Executors/Administrators should be advised of any potential claimants who can contest an Estate and their own duties/ potential liabilities in administering an estate.

If you have been appointed an executor of a Will, you can seek legal and financial advice on the proper way to administer a deceased estate in accordance with your legal obligations and ensure your role is performed effectively.

Our wills & estates lawyer team pride themselves on being able to provide advice to deal with estate administration without undue complication or risks in a timely and professional manner.

Contact our Sunshine Coast law firm to arrange an appointment and secure peace of mind regarding wills and estates planning.
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Meet Our Wills and Estate Planning Team

Our wills & estates lawyer team pride themselves on being able to provide advice to deal with estate administration without undue complication
or risks in a timely and professional manner. Contact our Sunshine Coast law firm to arrange an appointment and secure peace of mind regarding wills and estates planning.

Simone Faunt

Solicitor

Brent King

Solicitor/Director

Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
  • Defamation Claims
  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Peter Boyce

Consultant

Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims

 

Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Al Upton

Solicitor/Director

After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.