Succession Law in Australia
We have many years of experience at creating personalised Wills and Enduring Power of Attorneys that protect you and your family’s assets.
People in the rush of day-to-day life sometimes overlook estate planning but unfortunately accidents and life threatening illnesses do occur. Having a Will and an Enduring Power of Attorney in place is vitally important if you would like to have a say in how your assets will be distributed after you have passed away, or if you lose the capacity to make financial or health care decisions for yourself.
A Will is a formal document that allows you to set out, not only how your assets will be distributed, but also who may be the guardian of your children and who will be the executors and trustees of your estate.
If you were to pass away without a Will, Queensland’s Intestacy Laws would determine how your estate assets would be distributed. It is unlikely that it would occur as you might have wished. It would also be likely to cause friction and stress amongst family members who would be left trying to deal with uncertainty at a time of grief.
There are very specific rules that must be followed in relation to the formation of a Will and for it to be accepted by the Courts. There are also considerations to be made in relation to the needs of any dependents. A Will is an extremely important document and it is worth obtaining legal advice to avoid errors.
Over the past few years there has been an increase in the number of Wills that are being contested by family members and others. It is very important to seek legal advice and assistance. If your Will is correctly constructed and has taken into consideration all required aspects then it is less likely that someone may dispute it.
A Will should also be regularly reviewed and updated, especially when life circumstances change such as having children, separation or divorce. We are happy to provide a review service at a nominal fee.
An Enduring Power of Attorney (EPA) is a formal document that allows you to nominate how you would like to have your personal, financial and health care matters managed should you lose the capacity to make those decisions. This could occur due to a sudden accident, illness or as one grows frail.
An Advance Health Directive (AHD) may be included which goes into more details as to your health care wishes should you become incapacitated. This may include giving your directions as to whether you would want life-sustaining measures to be administered or withheld.
It is also possible to obtain a General Power of Attorney (GPA) for specific circumstances and time periods, for example, if you were to travel overseas on an extended trip and required your attorney to make decisions in your absence.
AH Lawyers are here to assist you in the formation of Wills, EPAs, AHDs and GPAs and are sensitive to family dynamics, especially in an age where there are many blended families. We are in a position to provide practical and affordable solutions including a fixed fee. Please contact us for your initial obligation free consultation