In the State of Queensland, if you die without a Will, the law will decide for you. This means:
The Simple Will should only be used:
You should consider setting up a Smarter Will if you would like to enjoy the following benefits:
The person making the will is known as the “Testator”.
A Testator must be:
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:
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.
Generally speaking, your Will can include all assets that are under your own name. Some examples include:
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:
In Queensland, a will is only valid if:
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:
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. |
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:
Yes, a legal Will can be cancelled. Generally speaking, this happens when:
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
We are committed to helping you at a difficult time in your life.
Our lawyers are experienced in wills and estate matters. We are here to solve your worries!
We provide 15-minute free initial consultation to give you a general idea and assessment of your case before engagement.
If you are unable to meet us during business hours, we can always come see you either after work or even during weekends.
Committed to ensuring the best possible outcome for you. We will update you on any progress and changes.
We speak your language (English/Mandarin/Cantonese). We are easily accessible by phone, email, social media and SMS.
We believe in the strict compliance to all ethical standards. Guiding you through each stage of your case is our pleasure.
We are always happy to help you figure out what to do.
Our experienced lawyers will listen to your story and tell you what to do next.
Once you engage us, we will gather the required details and work on your case.
We provide the most efficient solution and give you instant updates.
We will strive to achieve the result satisfying your best interests.
