wills | probate overview:
The trusts and estates practice ranges from
routine wills to complex plans for large estates
to special comprehensive estate planning for
young professionals and executives.
our range of services:
power of attorney overview:
Many people spend time and money ensuring that their estate will beadministered properly on their death but do not consider creating a
power of attorney.
What is a power of attorney?
A power of attorney is a formal instrument that authorizes a person to act
for another, particularly to sign legally binding documents on behalf of the
donor of that authority . Powers of attorney stand alone, but are often
incorporated into a Will.
Why is a power of attorney useful?
If you were to have an accident that left you incapacitated, it would be
important that someone could deal with your affairs on your behalf where
necessary. There are many situations where this might be necessary.
For example, there may be a need to pay expensive medical bills for your
care. In such a situation it would be useful if someone who you trust
could access your funds or assets in order to pay those bills.
How do I get a power of attorney?
Being a formal instrument you need a lawyer to help create a power of
attorney for you. The process is very simple - a short meeting where you
and the person you choose to be your attorney sign the document.
Who should I choose to be my attorney?
It is generally best to choose someone who you trust and who will have
the ability to deal with your affairs should the need arise. It is common for
husbands and wives or for partners to nominate each other as their
attorneys. It is also common for someone to choose one or more of their
children (must be over 18).
To ask further questions or to arrange for a power of attorney to be
executed, contact us.
The trusts and estates practice ranges from
routine wills to complex plans for large estates
to special comprehensive estate planning for
young professionals and executives.
our range of services:
 | preparation of wills and trusts; | |
| administration of probate and trust estates; | |
| estate planning for the business owner; | |
| charitable and deferred giving; | |
| succession planning | |
| representation of executors and trustee |
power of attorney overview:
Many people spend time and money ensuring that their estate will be
power of attorney.
What is a power of attorney?
A power of attorney is a formal instrument that authorizes a person to act
for another, particularly to sign legally binding documents on behalf of the
donor of that authority . Powers of attorney stand alone, but are often
incorporated into a Will.
Why is a power of attorney useful?
If you were to have an accident that left you incapacitated, it would be
important that someone could deal with your affairs on your behalf where
necessary. There are many situations where this might be necessary.
For example, there may be a need to pay expensive medical bills for your
care. In such a situation it would be useful if someone who you trust
could access your funds or assets in order to pay those bills.
How do I get a power of attorney?
Being a formal instrument you need a lawyer to help create a power of
attorney for you. The process is very simple - a short meeting where you
and the person you choose to be your attorney sign the document.
Who should I choose to be my attorney?
It is generally best to choose someone who you trust and who will have
the ability to deal with your affairs should the need arise. It is common for
husbands and wives or for partners to nominate each other as their
attorneys. It is also common for someone to choose one or more of their
children (must be over 18).
To ask further questions or to arrange for a power of attorney to be
executed, contact us.
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| For all of your estate planning advice and needs Key contacts: Kristin Unwin Telephone 07 3248 0829 Bernie McGowan Telephone 07 3248 0842 |
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Making a will is about more than acknowledging you mortality. It is a
way of acknowledging those who matter to you in life, and of providing
peace of mind for both you and those you care about. Drawing up a will
ensures that your assets will be distributed in the correct manner, that
a person you trust is appointed to carry-out your wishes, and that other
details such as funeral arrangements are carried out as you would
want.
In Queensland, if you do not have a written will your assets will be
distributed according to the rules established by an act called the
Wills, Probate and Administration Act 1898. Primarily, the rules set
out how your assets will be divided between family members.
Basically, they will pay no heed to your wishes as to the division of your
assets between family members.
While a will must be in writing to be valid, there is no legal
requirement that a solicitor draw up your will - anyone over 18 (or
under 18 years if married) and of sound mind can have a will, and
can write it themselves. In many circumstances it is preferable,
however, that a solicitor have input into the writing of your will because
it is easy to make a mistake. And if you make a mistake drawing up
your will, you might make the will invalid in its entirety (or in part), or you
might give affect to a distribution of your estate other than you intended.
It is particularly important that you have input from a solicitor if you
have a large number of assets, or you want to put complicated
arrangements in place. A more complicated distribution of your
assets includes instances where you wish to give assets to a person
or an institution ahead of your immediate family, or where you want to
give assets to a child (this could, for example, involve the
establishment of a trust).
If there is no will and there are no family members closer than a
second cousin the intestacy rules will not be able to distribute the
assets at all. Instead, everything will automatically pass to the Crown.
Those who think they have a claim on the estate then need to apply to
the Queensland government for a share of the assets. This is a
relatively lengthy and costly procedure avoided if a will exists.
way of acknowledging those who matter to you in life, and of providing
peace of mind for both you and those you care about. Drawing up a will
ensures that your assets will be distributed in the correct manner, that
a person you trust is appointed to carry-out your wishes, and that other
details such as funeral arrangements are carried out as you would
want.
In Queensland, if you do not have a written will your assets will be
distributed according to the rules established by an act called the
Wills, Probate and Administration Act 1898. Primarily, the rules set
out how your assets will be divided between family members.
Basically, they will pay no heed to your wishes as to the division of your
assets between family members.
While a will must be in writing to be valid, there is no legal
requirement that a solicitor draw up your will - anyone over 18 (or
under 18 years if married) and of sound mind can have a will, and
can write it themselves. In many circumstances it is preferable,
however, that a solicitor have input into the writing of your will because
it is easy to make a mistake. And if you make a mistake drawing up
your will, you might make the will invalid in its entirety (or in part), or you
might give affect to a distribution of your estate other than you intended.
It is particularly important that you have input from a solicitor if you
have a large number of assets, or you want to put complicated
arrangements in place. A more complicated distribution of your
assets includes instances where you wish to give assets to a person
or an institution ahead of your immediate family, or where you want to
give assets to a child (this could, for example, involve the
establishment of a trust).
If there is no will and there are no family members closer than a
second cousin the intestacy rules will not be able to distribute the
assets at all. Instead, everything will automatically pass to the Crown.
Those who think they have a claim on the estate then need to apply to
the Queensland government for a share of the assets. This is a
relatively lengthy and costly procedure avoided if a will exists.
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