Wills & Estate Planning
Specialist Will Lawyers – Fulfil Your Future Wishes
Expert estate planning and will lawyers. Get your affairs in order. Cross it off your to-do list. There is no better time than now to arrange your estate planning and secure your future wishes. Quinn & Scattini’s estate planning and will lawyers advise you not to leave it until the last minute.
Estate Planning means planning for your death or incapacity, by doing things like making a will, an Enduring Power of Attorney, a Binding Death Benefit Nomination for your superannuation, and an Advance Health Directive.
Our expert Wills & Estates Team is led by an Accredited Specialist in Succession Law, Russell Leneham. The team are experienced in estate planning and offer professional planning.
Engage our expert estate planning and will lawyers to assist you with:
- Advance Health Directive,
- Business Succession Planning,
- Enduring Power of Attorney,
- Home and Hospital Visits,
- Making a Will,
- Mutual Wills,
- Superannuation, and
- Wills With Testamentary Trusts.
Rely on our experience and expertise – we will consider your needs and wishes carefully.
Wills & Estate Planning Team
Your will may be simple or complex, according to your particular circumstances. Another important fact is that your will needs to be both valid and effective.
A valid will requires that your will be properly signed and witnessed. It also requires that you have “testamentary capacity” when you sign your will, and that you understand and approve the terms of your will.
“Testamentary capacity” is a complex legal concept. But in essence, it means that you must have mental capacity to understand everything you need to know about making a will. Sometimes it is a good idea to get a doctor’s report on the day you sign your will, to confirm your testamentary capacity. This is especially important if there is a possibility that someone might contest your will after you pass away.
An Effective Will
Making an effective will is trickier than it might seem. You might be tempted to make your own will, especially if you only intend to have a simple will. The real difficulty with this is that your will might make perfect sense to you, but when someone else reads it they might not understand it the same way you do. There also may be legal issues, of which you might not be aware, that impact on your will.
A will is considered to be effective if it accomplishes what you want it to accomplish. This requires an assessment of your wishes in light of your personal and family circumstances, and an application of the legal principles of Succession Law.
No time to wait for a will? Left your will to the last minute? Need a will prepared urgently? Get expert advice from our will lawyers.
Our expert will lawyers have urgently prepared countless wills for Qld clients. With timely responses guaranteed, we can meet at your home or in hospital.
We can assist with small estates to multi-million dollar estates – no will is too complex.
Speak with us, your family and close friends before your will is finalised.
Order Your Free Will Information Pack
To request our FREE Will Information Pack, just complete the contact form below and mention that you would like a Will Info Pack to be sent to you.
House-bound or in hospital? Do you have a family member who needs an urgent will?
We can also make house calls or hospital visits.
Wills may include a “testamentary trust.” Testamentary trusts can continue, if you wish, long after you have passed away.
Common reasons to create Testamentary Trusts include:
- set up a tax-effective structure for your children or other beneficiaries,
- protect your estate from the potential risk of family breakdown or other financial setbacks among your children or other beneficiaries, and
- provide for disabled children, or beneficiaries with special needs.
You can change your will at any time, while you retain the mental capacity to do so. Sometimes it is desirable to make an agreement (usually with a spouse) that a will is not to be changed without someone else’s (your spouse’s) consent.
For example, if you and your spouse each have children from a previous marriage, you might want to leave your estates to each other, with a condition that all of your children and your spouse’s children share equally when you have both passed on.
If you leave everything to your spouse in your will, he/she is then free to make a new will leaving everything to his/her children alone (or to his/her new spouse). One method of ensuring that your estate will go where you want it to go, under your spouse’s will as well as under your own will, is to create mutual wills.
Mutual Wills require the making of two wills, as well as a separate contract that says you both will not change the wills.
Prepare for your future needs. An important part of your estate planning is preparing for the possibility that you may become incapacitated. This means preparing an Enduring Power of Attorney. Your Enduring Power of Attorney can apply immediately or when you become incapacitated.
Most people choose to make an Enduring Power of Attorney that will come into effect if they become incapable of managing their own affairs.
An Enduring Power of Attorney appoints one or more persons to act on your behalf. Your “attorney” is the person you appoint to manage your affairs for you under your Enduring Power of Attorney. The document can also give specific instructions, or specify limitations on how your attorney is to act on your behalf.
Do you need an Enduring Power of Attorney prepared? Secure your future with an expertly prepared Enduring Power of Attorney. Get professional planning and expert advice. Our expert lawyers provide tailored advice on Enduring Powers of Attorney. We can also meet at your home to discuss your Enduring Power of Attorney requirements.
If you have your own business, your estate plan should include business succession planning. Business succession planning involves making sure that your business is able to carry on without you. This can involve, for example, taking out insurance, and, if you have partners or co-shareholders, entering into a Buy/Sell Agreement or a Shareholders Agreement.
Plan for your future care. Secure your future wishes. Our expert lawyers will consider your Advance Health Directive needs carefully.
The best way to explain an Advance Health Directive (“AHD”) is to compare it to an EPA. An EPA gives someone power to make decisions on your behalf; whereas an AHD tells them what decisions to make. Although an EPA may give someone power to make financial, personal or health decisions on your behalf, an AHD relates only to health decisions.
You should speak with us, your family and close friends before your AHD is finalised. An AHD must also be discussed with your doctor, as well as having the document properly witnessed.
Our lawyers can also meet you at your home to discuss your AHD requirements.
When you pass away, your superannuation is paid out as “death benefits.” Life insurance that is part of your superannuation will also be distributed. With your superannuation, the basic rule is that the trustee of the super fund will determine to whom the death benefits will be paid (subject to certain limited categories of potential recipients).
Some super funds allow you to make a “death benefit nomination” directing the fund trustee about who you want to receive the death benefits, but it is still up to the trustee to decide whether or not to comply with your direction. Some (but not all) super funds allow you to make a “binding death benefit nomination”) (“BDBN“) that bind the trustee to pay the death benefits in accordance with your directions.
BDBNs are as important as a will, and should be professionally prepared, even if the super fund has a particular form that must be used for the BDBN.
If you have a self-managed super fund (“SMSF“), you can ensure that the rules of the fund allow you to make a BDBN.
We can assist you with establishing and managing a SMSF.
Making Sense of it All
There is no better time than now to plan for your future. With professional planning and expert advice, you can easily address all your estate planning needs in a quick and effective manner.
Q&S understand the pressures that arise from planning for your future and aim to limit any confusion throughout the process. To assist you to make sense of it all, our expert will and estate planning lawyers have compiled a glossary of commonly used terms. Access the glossary here.
How We Can Help
Firstly, our expert wills and estate planning lawyers are experts across the range of wills and estates.
Secondly, we will work comprehensively to ensure all your estate planning needs have been addressed, answer any questions you have so you understand the legalities and importance of the estate planning documentation.
Thirdly, our lawyers provide superior support, from the first phone call to finalising your estate planning.
We also take pride in offering quick turnaround times.
Read What Our Clients Had To Say …
Our expert estate planning and will lawyers are available at any of our 5 local offices across SEQ (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba).
Cannot make it to one of our offices? Speak to our lawyers by telephone or video-conference.
Urgent house calls and hospital visits available.
We provide specialist services. Secure your future wishes. Call now.