Most importantly, a proactive step must be taken to ensure your loved ones are protected as your wishes before the worst thing happens.
A will is a legal document that outlines how you would like your assets to be distributed when you pass away and who you would like to appoint as the responsible person to carry out your business.
In the State of Queensland, if you die without a will, the law will decide for you by setting out the rules for distributing your assets. This means:
If you are incapacitated or in a coma after a major accident without a will, the State of Queensland will designate an administrator to make decisions for you, such as paying for your medical expenses using your assets.
A will may cover the below items:
The will executor(s) is appointed under your will to carry out your wishes. Will executor(s) should be someone entrusted by you. Most people appoint their spouse, close relative or solicitors to be their executor(s). You can appoint joint executors for a maximum of 4 people. Executors will cooperate to carry out your will.
If your will is contested, your executor(s) is in charge to defend your will.
This is the reason why you must appoint your executor with great care.
Yes, an executor can also be a beneficiary.
If you are the beneficiary of a will, and you feel the executor failed to carry out duties properly, or had a conflict of interest, or acted improperly, you have the right to bring an application to the court to have the executor removed.
A will can only be valid and able to demonstrate the testator’s wishes accurately if it is drafted correctly.
A valid and legally protected will is normally in writing and signed by the testator and witnesses.
Ascent Lawyers will exert due care and experience to best protect your wishes in your will.
You may encounter many uncertainties by using an online will kit, such as:
People may dispute the uncertainties in their will at the costs of their estate.
Legal advice is essential to minimise the chances of future litigation in relation to your will.
When you engage Ascent Lawyers to draft your will, we will go out of our way to make sure your will is valid and:
If you feel that you are left out in a will, it is important to obtain legal advice from a lawyer who is experienced in contesting a will of a deceased estate.
To properly contest a will, you need to make an application to the Court and seek order within the time frame.
The Court will only hear your case if it is not settled in negotiation or mediation.