Wills & Estates
Preparing for the future and the needs of you family is critical, ensuring your estate is in order is very important regardless of what stage you are at in life.
CQ Legal can help get your plans together from a simple will to complex estate planning, guardianship, Enduring Power of Attorney and Estate Administration.
During one of the most difficult times for any family CQ Legal will be there to advise and guide you through the process.
What we offer at CQ Legal is a team of professionals who will listen to your wishes for the future, help advise you how to protect those wishes, and help ensure the well being and security of your loved ones. We pay careful attention to the details to minimise any potential issues down the line.
What services can we provide?
- Simple Wills
- Complex Wills and Estate planning
- Enduring Power of Attorney
- Probate Applications
- Application for Letters of Administration
- Estate administration
- Family provision claims
Wills – Preparing a Will may seem simple however the implications of a poorly drafted Will can be devastating to your family after you have passed. To ensure your Will functions to realise your wishes, the structure must be thoroughly considered and laid out properly. One issue that often affects a Will after passing is that of Testamentary Capacity, or more simply, were you of sound mind when making the Will, having mechanisms in place to prove that you did can save your executors a great deal of time and expense.
Enduring Power of Attorney – Who will make decisions for you if you lose the ability to make them yourself. This is a position of trust and responsibility that needs to be thoroughly understood and properly established. It is most common that our clients choose to establish an EPoA at the same time as executing their will, this forms the basis for good estate planning.
Probate – If you are named as an executor in a Will you may be required to gain a grant of Probate prior to administering the Estate. Very Small Estates may not require this, however if there are bank accounts in excess of $30,000.00 or real estate as part of the Estate where there is more than one beneficiary usually Probate will be needed. CQ Legal can attend to the application process and help you with other aspects such as caveats or provision claims. It is important to note that there are important time limitations, Responsibilities and potential tax implications that must all be considered.
Letters of Administration – this process is very similar to Probate, the difference is that there is no Will of the deceased.
If a person dies without a valid will, there is no executor and therefore they have died intestate, the next of kin, such as a spouse, takes on the role of administrating the deceased’s estate.
They can’t do this until they receive a grant of letters of administration on intestacy.
Letters of administration show that the court has examined the relevant documents and is satisfied that the person named in the grant is authorised to administer the estate
Estate Administration – Even a relatively small, simple estate has certain rules that apply to its administration, timelines for distribution, tax implications and the personal liability of the executor must all be considered. Larger more complex estates or estates that are subject to caveats or family provision claims can require extensive litigation to finalise. Engaging professional legal advice early will help to maximise the outcome for the beneficiaries.
Family Provision Claims – If you are an eligible person and you feel you have not been adequately provided for from the estate, you may lodge a Family Provision Claim against the estate. It is very important to understand your rights and limitations to avoid the unnecessary expense of making an invalid claim and to ensure a fair outcome.
If you need to make or update your will, establish a trust or estate plan, If you have recently lost a loved one and need to take care of their wishes get in touch with us, expert advice is more likely to give you a positive outcome.
07 4921 1788