Deceased Estates & Wills
Wills And Estates
Have you properly provided for your children?
It is important to have a professionally drafted will to ensure that your actual wishes are carried out upon your death. In this day and age there are many second and third marriages and the interests of children from previous relationships may compete with the interests of a subsequent spouse. It is essential to be very clear in the way you express your will so that there is no confusion after you are no longer here to be able to explain what you actually meant.
Here at Southside Legal we provide experienced advice and drafting to ensure that your wishes are put into effect upon your death. We do not overcomplicate matters and draft all wills in a clear and straight forward fashion.
Our experience has shown that wills that are prepared by people themselves sometimes are ambiguous and confusing and as a consequence disputes arise between potential beneficiaries. It is much better for you to have clear, concise terms to your will so that there is no confusion once you are gone.
It must also be remembered that if you do not have a will your estate will be distributed pursuant to a set government formula (the rules of intestacy) and if you do not have appropriate relatives the monies could even be left to the government. It is important that you have the peace of mind of knowing that your hard earned assets are distributed in a way that you want to occur.
Southside Legal provides economical services in will preparation.
Please do not hesitate to send us a free ‘no obligation’ enquiry by clicking on the ‘quick enquiry form’ that is found on the right hand side of this page. We will get back to you quickly.
The law provides that certain parties have a right to challenge a will if they are of a suitable standing and can establish that inadequate provision has been made for them. Further, if someone believes that a will was made by a person who did not have testamentary capacity (not mentally sound) or the will was made under duress, then again wills can be challenged.
You may feel that you have been unfairly treated under a will and as a consequence have been left in a perilous financial position. Alternatively, you may feel that the deceased had been taken advantage of at the time the will was signed and either did not have mental capacity to make the will or was forced to make the will under duress. In these situations you may well have a claim to set aside the will and have the Court make an appropriate ruling on how the distribution should be made.
Claims of this nature however are not straight forward. There are time limits that are attached to them so it is important to seek legal advice as soon as possible. Southside Legal Gold Coast can assist you if you feel you have been unfairly treated in a will or you suspect there has been some interference with the deceased at the time of making the will.
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Call us now on 07 5598 3266 or click on the “enquire now” tab on the right hand side of this page and we will be delighted to help you.
Frequently Asked Questions
I am an executor and a claim is being made against the estate.
The executor has an obligation to uphold the terms of the will. However, if there is compelling evidence that the will would likely be set aside or a claim allowed, the executor does have powers to settle matters on an out of Court basis. In this situation, it is essential that you obtain legal advice. In most circumstances the legal costs of the executor will be paid from the estate.
How do I know if I have a good claim?
It is important that you seek legal advice as soon as possible. There are time limitations that apply. We will be able to advise you on your first consultation whether we think you have good prospects of making a claim or not.
It is expensive to contest a will?
It can be expensive, however in certain circumstances we may hold our fees until conclusion of the matter. For example, if a family provision application was made and we felt that the claim had merit and was reasonable, there is a possibility the deceased estate would pay your legal costs. This is an issue that needs to be looked at on a case by case basis.
Can I contest a will?
In some circumstances a will can be contested. If you are a spouse, a child or financially dependent upon a testator and you feel that you have not been adequately provided for in the will, there is a possibility you may be able to make a family provision application. Further, if you believe that the person who made the will did not have testamentary capacity (perhaps suffering from dementia or illness) then the will could be contested. Further, if you felt that there had been undue influence or duress exerted over the person who made the will, then it is possible that an application may be able to be made.
Why shouldn’t I use a “will kit” will?
The problem with using a will kit is that you can inadvertently write down instructions that are not clear, or you may not consider all the relevant issues. We regularly see disputes arise over wills that have been prepared through a will kit where the person who made the will has not thought of all eventualities, or simply has written down confusing directions. If you are going to make a will it is best to get it right.
Is it difficult to make a will?
No. Contact us and we will discuss the basic issues involved and then we can prepare a legally enforceable will on your behalf and arrange for it to be signed by you.
Do I need a will?
It is extremely important to have your own will. If you do not have a will your assets will be distributed pursuant to the rules of intestacy. These are a relatively complicated set of rules that try and deal with various situations. There is a high chance that the rules of intestacy will not distribute your assets in the way that you would likely intend.