Wills & Estates Property

Our experienced lawyers can help with all aspects of your estate planning, from preparing or updating your Will, drafting a power of attorney, or providing guidance on the administration of the estate of a deceased loved one.

We will consider your financial position and family circumstances, and can recommend structures like testamentary trusts to provide better tax outcomes, or to protect vulnerable beneficiaries. We can also represent you in estate litigation in Australia and New Zealand.

The Benefits of Using a Lawyer to Prepare your Will

To ensure a Will is binding, certain legal formalities must be met. For example, if the Will is not correctly signed or witnessed, there is a risk that it may be invalid or contested after you die.

Unfortunately, using a DIY will kit can result in a very different outcome for your estate plan than what you may have anticipated. Even just a few words in a Will can make a big difference to providing certainty about your proposed testamentary wishes.

Lawyers are trained to write Wills and flag potential issues when it comes to planning your estate. A lawyer will ensure that your Will is correctly executed and go through your individual circumstances so that your documents are tailored to your needs.

Testamentary Trusts

A testamentary trust can help protect assets for future generations and can be particularly beneficial if you die, leaving behind minor or vulnerable beneficiaries. The trust can enable you to financially support someone without giving them direct control of assets, which means you can look after your children, grandchildren, and even great-grandchildren. They may also be useful for beneficiaries who have challenges with gambling or drug addiction by helping to preserve their inheritance, while ensuring their wellbeing and daily living needs are met.

As with all forms of estate planning, a testamentary trust may not suit everyone and the administration of a trust costs money each year that it operates. This will include annual tax and auditing costs and possibly the trustee’s professional fees. We can help you decide whether a testamentary trust is right for your circumstances.

Power of Attorney

A Power of Attorney is a legal document that you can make to appoint somebody you trust to make certain decisions (medical and/or financial) on your behalf in defined circumstances. You can give your attorney broad or specific powers. A Power of Attorney can be enduring, which means it will continue to be valid if you lose capacity. Alternatively, it can be limited to a specific period or event, such as when you are travelling overseas and need someone to manage your affairs while you are away.

If you are considering making a Power of Attorney it is important to discuss your needs and circumstances with a lawyer, who can explain the process and draft the document to ensure it properly reflects your wishes.

Business Succession Planning

Effective succession planning is critical to the ongoing success of any business and may form an important part of your estate planning. A business succession plan can limit conflict and minimise the disruption to your business which can arise due to a change in leadership.

Business succession planning involves pre-determining a strategy to ensure the smooth transition of your business into the hands of the most appropriate leader should a business owner retire, become incapacitated or die unexpectedly. If you have a business, we can help you by developing a transition plan, identifying and managing risk, and advising on business restructuring.

Estate Administration

Administering an estate is the process of managing and distributing the assets of a deceased person and finalising their affairs. If the deceased person left a valid Will, these duties are carried out by the nominated executor/s. Before administering the estate, the executor may need to apply to the Supreme Court for a Grant of Probate. This is a legal document that ‘validates’ the Will and authorises the executor to begin administering the estate as provided in the provisions of the Will.

If somebody dies without leaving a valid Will, they die ‘intestate’, and their assets are distributed according to a prescribed formula set out in legislation. The deceased’s next of kin will typically need to apply to the Supreme Court for Letters of Administration.

When administering an estate, the executor/administrator must identify and value the property of the deceased person, pay any taxes and other debts, and distribute assets to beneficiaries. This can be a confronting time for the family of the deceased and many executors/administrators may need to face complex and unfamiliar legal tasks. We can assist and guide you through this difficult time.

Family Provision Claims

A family provision claim is a claim made by a person who seeks additional provision from a deceased estate on the basis that the deceased’s Will did not adequately provide for their proper maintenance, education, or advancement in life.

Not everyone is eligible to make a family provision claim in Queensland – only certain family members, dependants, or people who were in a close personal relationship with the deceased. There are also strict time limits for making a family provision claim so it is important to seek early legal advice to determine whether you are eligible and to file the claim within the prescribed timeframe.

New Zealand Estate Lawyers in Queensland

Harrigan Lawyers are admitted to practice in both Australia and New Zealand and can also help if you are involved in an estate dispute or the administration of an estate in New Zealand.

If you need assistance, contact [email protected] or call 07 3733 1542 for expert legal advice.