Will and Estate

Protect your loved ones when the unexpected happens!

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Why you need to have a Will?

In the State of Queensland, if you die without a Will, the law will decide for you. This means:

You do not get a say in how to distribute your estate
Your loved ones have to deal with the complications with your estate
It can lead to significant costs and delays
simple wills
You can avoid all these above, if you call us today!

What can a simple Will cover?

How you want to distribute your estate
All requests for specific gifts (money, real estate, other assets)
Funeral directions
Please note: the simple will is only suitable for small estates,
if you desire much stronger protection and flexibility,
please refer to Smarter Will

By not preparing today, you are failing tomorrow.
Prepare for the future today!

Frequently Asked Questions

The Simple Will should only be used:

  • For small estates; and
  • Where there is minimal risk of any beneficiary being the subject of any bankruptcy or family law claims.

You should consider setting up a Smarter Will if you would like to enjoy the following benefits:

  • Flexibility
  • Using income streaming to save taxes
  • Asset Protection
  • Comprehensive protection by excluding people
  • Preserving Centrelink entitlements for your beneficiaries
  • Reducing taxes for foreign beneficiaries

The People in your Will

The person making the will is known as the “Testator”.

A Testator must be:

  • 18 years of age or older; and
  • of sound mind

When you make a will, and appoint someone to execute the will or to carry out your wishes, that person or persons is called the Executor(s).

An Executor must be over 18, a licensed trustee company or the Public Trustee.

Most people appoint their spouse, close relative to be their Executor(s). It is also common to appoint a solicitor, accountant and/or financial planner as the Executor.

There is no limit on the number of Executors you can name.

However, when executing your will and applying for probate, the court will only grant probate to a maximum of 4 people at one time.

Therefore, we recommend you do not exceed 4 Executors.

The Executor’s responsibilities include but are not limited to:

  1. Applying for Probate (a court order allowing the will to be administered)
  2. Notifying the Beneficiaries of their entitlement
  3. Gathering and distributing the assets under the will
  4. Paying the Testator’s debts, taxes and funeral expenses
  5. Preparing the related accounts and tax returns

A Beneficiary is a person who will receive assets or entitlements under your will, such as a specific gift of money or the right to live in a property and so on.

A Beneficiary can also be a specifically named individual or a charitable organisation.

Yes, you can. It is common to set the minimum age requirement to 18 or 21.

If the Beneficiary is not old enough, the estate will be held by the Executor(s) on trust for the Beneficiary.

Yes, you can. We highly recommend you prepare a full list of beneficiaries and their substitutes.

If your Beneficiaries and Substitutes are not available to accept your estate, then the automatic substitution mechanism will apply.

In essence, if the named Beneficiary leaves behind any surviving lineal children, the estate will be allocated to that Beneficiary’s children (in equal shares as tenants in common) and so on trickling down the generations where each person’s entitlement will remain siloed within their branch of the family tree.

Please note that, for this purpose, biological children and adopted children are considered lineal children but not step-children or foster children.

Yes, an Executor can also be a Beneficiary.

The Assets in your Will

Generally speaking, your Will can include all assets that are under your own name. Some examples include:

  • Cash
  • Bank accounts
  • Stocks, shares
  • Your debts and liabilities
  • Properties under your name

For the purpose of drafting your will, we do not need a list of all assets. It is your executor’s responsibility to manage and protect all assets of your estate. Therefore, we still recommend you have a list available for your executors.

The following cannot be included in your will:

  1. Superannuation
  2. Any assets held in any separate family trust
  3. Any assets owned by a company or held in any unit trust
  4. Any property held as “joint tenants” with another person (including bank accounts where you are only able to operate the account jointly with another person).

Your Will

In Queensland, a will is only valid if:

  • The will-maker is an adult (if underaged, then need court approval)
  • The will-maker has the mental capacity to make the Will
  • It is signed freely with no undue influence or coercion
  • It is in writing
  • It is drafted correctly, understood and approved by the will-maker
  • It is signed and dated by the will-maker
  • It is witnessed by two adults who are not beneficiaries in the Will

Yes, you can make your own Will using a Will Kit in Australia. The Will Kit is also called the do-it-yourself (DIY) Will Kit. You may purchase it from the post office, a newsagent or download it online.

However, if you use a Will Kit, you might face the following issues:

  • Your Will might not be valid
  • Your loved ones might not be able to execute your will
  • Your estate may face increased complexity and fees
  • The Will Kit is not future proof

The Public Trustee of Queensland can make a Will for you free of charge. Although the Will drafting is free, you should consider the following differences with engaging Ascent Lawyers:

The Public Trustee Ascent Lawyers
Theft The Public Trustee staff have been accused and convicted of stealing from the estate. We will never commit any illegal acts. You can rest assured that what is yours will stay yours.
Your freedom The Public Trustee may push you to engage them as your executor. Their fees to administer your Will are very high, starting from the thousands! We will not influence you to appoint us as your executor. You may nominate whoever you want as your executor(s).
Complexity If you have complex instructions or your estate is complex, you probably need to visit the Public Trustee multiple times to finalize your Will. Even if your estate or instructions are complex, we can guarantee a much speedier and more convenient experience.
Waiting Period You may face a long waiting period. Because it is a free service, the waiting list can be extensive. We will start work immediately, with no delays, so your future can be protected as soon as possible.
  1. We make sure your Will is valid and comprehensive, giving you peace of mind.
  2. You receive truly impactful advice, personalized for you.
  3. Your Will is drafted by competent solicitors.
  4. We reduce the risk and make your Will more future proof.
  5. We can store your Will in a safe location if required by you.

An original hard copy of the executed Will should be stored in a safe place where your Executors will be able to locate it.

Please note that we can store the original hard copy of your executed Will at our office, free of charge!

Australian family law and tax law are constantly changing, we recommend reviewing your will periodically by a lawyer and professional tax adviser, at least every 3 years.

Furthermore, you should review your will, if any of the following were to occur:

  • The sale of a primary residence or investment property
  • Relocation to a retirement village or nursing home
  • Sale or loss of, or damage to, a significant asset
  • Changes in investments
  • Birth or death of a family member
  • Marriage/divorce or change in de facto spousal relationships

Yes, a legal Will can be cancelled. Generally speaking, this happens when:

  1. There is a new Will replacing the previous Will
  2. The Will is revoked

Furthermore, your Will can be cancelled due to the start or changes in your marriage or de facto relationship.

Step 1: Contact Ascent Lawyers to arrange an initial meeting

Step 2: We draft your Will according to your instructions

Step 3: Attend a final meeting to sign and witness your finalized Will

compensation Law

The kind of Peace of Mind that is priceless!

Why Ascent Lawyers?

We are committed to helping you at a difficult time in your life.

Experienced Lawyer

Our lawyers are experienced in wills and estate matters. We are here to solve your worries!

Free 15-min Consultation

We provide 15-minute free initial consultation to give you a general idea and assessment of your case before engagement.

After Hour Appointments

If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.

Quality of Service

Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.

Multilingual & Multi-media

We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.

Diligent & Responsible

We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.

How It Works

We are always happy to help you figure out what to do.

Get in touch

Our experienced lawyers will listen to your story and tell you what to do next.

Engage us

Once you engage us, we will gather the required details and work on your case.

Getting to work

We provide the most efficient solution and give you instant updates.

Achieving results

We will strive to achieve the result satisfying your best interests.

What People Say About Us

Based on 127 reviews
Bonan Shan
Bonan Shan
1 year ago
I was lucky enough to be introduced to Ascent Lawyers for my personal injury case back in 2019. All the lawyers demonstrated high level of professionalism throughout all the stages of engagement. Ascent Lawyers was not only able to provide tailored legal advice, but they had been extremely informative and transparent during the entire process. This is particularly extraordinary when you consider the no-win-no-fee business model for PI matters. My case, in the end, was concluded with excellent results. I would like to use this opportunity to thank the whole team for their hard-work and professionalism, as well as Kira and Mengpei's close involvement with my case. I think their 5-star google review record does not lie. I would also recommend this firm to anyone.
WJ Liu
WJ Liu
3 years ago
Great thanks to Will for being my solicitor, for his patience, professional and instructive work which makes everything goes on well. Thanks!
Devon Fung
Devon Fung
3 years ago
From my personal experience dealing with Jacqueline from Ascent Lawyers, all I can say is that she is professional, reliable and goes above and beyond to deliver the best outcome. Always kept us informed with any updates.Overall, I would highly recommended her.
3 years ago
Very efficient and professional through out the whole case and amazing attention to details. Would definitely recommend.
Yuan Chen
Yuan Chen
3 years ago
Very trustworthy law firm with professional and friendly staff. Pricing is very reasonable as they solved my problem efficiently. I strongly recommend it to everyone one.
yy rain
yy rain
3 years ago
Ms Gao is an expert in her profession, and provides excellent service. She is patient and answer all enquires quickly! Would definitely recommend her to everyone!