Brisbane Wills Lawyers.
We are standing up for you and your rights
Assisting clients in drafting, reviewing, and updating their wills to ensure that their assets are distributed according to their wishes upon their death.
At CG Legal, we understand the importance of having a properly drafted and updated will to ensure that your assets are distributed according to your wishes after your passing.
Expert Wills Estate Lawyer in Brisbane.
When it comes to securing your assets, ensuring your family’s future, and navigating the complexities of estate planning in Brisbane, CG Legal is your trusted partner. As leading wills and estates lawyers in Brisbane, we offer expert legal advice, dispute resolution services, and a wide array of legal services to help you protect your assets and plan for the future.
Our Services: At CG Legal, our team of highly skilled Brisbane wills lawyers is dedicated to providing comprehensive legal solutions to meet your specific needs. We offer a wide range of services, including:
Estate Planning: Our estate planning lawyers in Brisbane, QLD, are experienced in creating custom solutions that address your unique circumstances and goals. We assist in developing strategies for the efficient transfer of your assets to your beneficiaries.
Asset Protection: Protecting your assets is paramount. Our Brisbane wills lawyers work closely with you to safeguard your wealth, ensuring that your loved ones are well taken care of in the future.
Succession Planning: Planning for the future is essential. CG Legal helps you create a seamless transition plan for your assets and business, preserving your legacy for generations to come.
Legal Documents: We specialise in drafting essential legal documents, such as wills, trusts, and power of attorney, ensuring they are meticulously prepared to meet all legal requirements.
Dispute Resolution: Our dispute lawyers are well-equipped to handle wills and estate disputes efficiently, providing you with legal representation to protect your interests.
Our Expertise: As members of the Queensland Law Society, we are committed to upholding the highest standards of legal practice. With years of experience and a deep understanding of Brisbane’s legal landscape, we are recognised as leading wills and Brisbane Wills Lawyers in the area. Our expertise lies in offering tailored solutions for our clients, regardless of the complexity of their cases.
Why Choose CG Legal Brisbane Wills Lawyers?
Personalised Advice: We provide individualised legal advice, ensuring your specific concerns and objectives are addressed.
Transparent Process: We guide you through the legal process, making it understandable and transparent, so you can make informed decisions.
Proven Success: Our track record of successfully protecting assets and resolving disputes speaks for itself.
Dedicated Team: Our team of Brisbane Wills Lawyers is dedicated to your success, offering the expertise and support you need.
Client-Centric Approach: Your needs are our priority, and we are committed to achieving the best outcome for you.
CG Legal, your trusted Brisbane Wills Lawyers, are here to provide asset protection, expert legal advice, and a range of legal services to secure your future. Whether you need assistance with estate planning, asset protection, or dispute resolution, we are here to guide you through the process. Contact us today to safeguard your assets and plan for a brighter future with the help of leading wills and estates lawyers in Brisbane, QLD.
We are committed to providing high-quality legal services to ensure the protection of your assets, the proper distribution of your estate, and the realisation of your specific wishes. Whether you need assistance in drafting a will, estate planning, or handling will disputes, their experienced team is here to guide you through the legal process.
Feel free to contact CG Legal Brisbane Wills Lawyers via the provided contact details to discuss your legal needs, schedule a consultation, or get answers to any questions you may have regarding your will and estate planning concerns. Their expertise and dedication to serving your best interests make them a reliable partner in safeguarding your assets and planning for the future.
Pros of Using a Lawyer to Make a Will:.
While it’s possible to create a will without a lawyer, there are several factors to consider when deciding whether to use legal assistance:
Legal Expertise: Lawyers are well-versed in the legal requirements and intricacies of wills and estates. They can ensure that your will complies with all relevant laws and regulations.
Tailored Advice: A lawyer can provide personalised advice on drafting your will. They can help structure your will to best reflect your wishes and assist in complex matters like inter vivos gifts and testamentary trusts.
Understanding Ramifications: Lawyers can explain the potential legal and financial consequences of your intended gifts, helping you make informed decisions.
Blended Families: If you have a blended family, a lawyer can offer advice on how to handle gifts to spouses and children, which can be a complex issue.
Cons of Using a Lawyer to Make a Will:
- Cost: Hiring a lawyer to draft your will usually comes at a higher cost than using a DIY will-kit or drafting it yourself. The fees may vary depending on the complexity of your estate and your location.
Overall Benefits of Using a Lawyer:
While the cost of hiring a lawyer to create your will is a consideration, the value they bring in terms of legal expertise, tailored advice, and preventing potential challenges to your estate can be significant. A professionally drafted will can safeguard your wishes and may save your loved ones from stress and expenses in the long run, as challenges and disputes can be costly and emotionally draining.
Ultimately, the decision to use a lawyer to create your will depends on the complexity of your estate and your individual preferences. If you have a straightforward estate and are comfortable navigating the legal requirements, a DIY will-kit or self-drafted will may suffice. However, if your situation is more complex, seeking the assistance of a lawyer can provide peace of mind that your wishes will be carried out as intended.
Challenging a Will in Queensland: Grounds for Contesting and the Legal Process.
Challenging or contesting a will in Queensland is a complex legal process that demands a profound understanding of the grounds for contesting and the relevant legal provisions, primarily governed by the Succession Act 1981 (Qld). Seeking legal advice and representation from an experienced solicitor is essential to navigate this intricate process effectively. Although it can be emotionally and financially challenging, contesting a will can lead to a fairer distribution of assets for the applicant and offer closure for those who believe they have been treated unfairly in the deceased’s will.
Understanding the Grounds for Contesting a Will:
In Queensland, there are specific grounds on which a will can be challenged or contested. These may include:
Lack of Testamentary Capacity: If it can be proven that the testator (the person making the will) lacked the mental capacity to understand the consequences of their actions when creating the will, it may be challenged.
Undue Influence: If there is evidence to suggest that the testator was unduly influenced or coerced into making certain provisions in their will, it can be contested.
Forgery or Fraud: If there are suspicions of forgery, fraud, or deception in the creation or alteration of the will, it can be challenged.
Improper Execution: If the will was not executed following the legal formalities required by Queensland law, it may be contested.
Family Provision Claims: Certain family members or dependents who believe they have not been adequately provided for in the will may make a claim for a larger share of the estate.
The Legal Process:
Challenging a will typically involves the following steps:
Consultation with a Solicitor: Seek legal advice from an experienced solicitor who specialises in wills and estates disputes. They will assess the validity of your claim and guide you through the process.
Mediation and Negotiation: In some cases, parties may attempt mediation or negotiation to reach a settlement without going to court.
Court Proceedings: If a resolution cannot be reached through mediation, the matter may proceed to court, where evidence and arguments will be presented.
Court Decision: The court will evaluate the evidence, consider the legal grounds, and make a decision regarding the validity of the will or the appropriate distribution of assets.
Distribution of Assets: Depending on the court’s decision, assets may be redistributed in accordance with the law or the testator’s last valid will.
Sensitivity and Understanding:
It is crucial for all parties involved in the process to approach it with sensitivity and understanding. Contesting a will can have a significant emotional impact on family dynamics. Ensuring that the process is carried out respectfully and professionally is vital, as it may involve complex family relationships and sensitive issues.
Ultimately, with proper legal guidance and a thorough examination of the evidence, the legal system can help ensure that the testator’s last valid will is respected and executed justly. Additionally, it can ensure that the estate provides for those who have a moral claim upon it, while preserving the testator’s intentions within the boundaries of the law.
Frequently Asked Questions About Our Wills and Estate Law Services
In essence, a valid will serves as the vehicle for articulating your posthumous property distribution wishes. In addition, wills can encompass various other aspects, such as specifying guardians for minor children, creating tax-efficient legal structures for the benefit of your loved ones, and expressing preferences regarding your funeral and remains.
Requirements for a legally valid will For a will to meet the criteria of being “valid,” it must be a written document signed by you (referred to as the “testator”) or signed by another individual over the age of 18 in your presence and at your direction. Your signature on the will or your acknowledgment of it must occur in the presence of two or more witnesses simultaneously.
You must possess the legal capacity to execute the will. You should be aware of the content of your will and in agreement with those contents. Capacity You must be at least 18 years old when you sign the will. However, if you are below 18, you may seek court authorization to execute your will. You must possess the mental capacity to understand how your will functions.
Understanding and Approval You must intend for the document to represent your final will. You must comprehend how the will handles your property. You should provide instructions for the will to be prepared in the manner it was at the time of your signing.
No, will registration is not required.
Unlike certain countries, there is no obligation to register your will in Australia, and no designated registration authority. Nevertheless, it is a prudent practice to consider keeping the original will with the solicitor who assisted in drafting it, while also providing copies to the named executors in your will.
If you pass away without having made a will, the distribution of your assets and the appointment of your estate’s representative will be dictated by state laws. This is known as dying intestate.
Dying intestate can often lead to heightened stress, increased expenses, and delays for your loved ones. They will be faced with additional requirements to gain administrative control over your estate, including the need to obtain various birth, death, marriage, and divorce certificates, whether originating from Australia or abroad. These certificates may require formal translation, could be challenging to locate, and significant delays can result when dealing with foreign registries.
For these reasons, we strongly recommend reaching out to our will drafting solicitors today for a no-obligation discussion.
Should you pass away without a will, your family will be required to apply for Letters of Administration. More information about these applications is available here.
A power of attorney grants legal authority to an individual to act on your behalf. In situations where you are unable to make decisions for yourself, such as due to injury or illness, it becomes crucial to transfer the power of attorney to a trusted individual. The person designating someone to act as their power of attorney is referred to as the principal, while the appointed individual is known as the agent.
Deciding to designate power of attorney can be a significant and sometimes challenging choice, but CG Legal Group is here to provide guidance and support throughout this process.