Terry Anderssen Lawyers can assist you in the preparation of your Wills & Estates in North Brisbane. It is important and we recommend that irrespective of your age, you have an up to date will and we also recommend that you continue to update your will if your asset or family situation changes. 

The will is one of the most important documents as by having a correctly drafted will can help ensure our wishes can be carried out after we have died. These wishes include how you want to distribute your property after you die and who you want to manage your estate as well as the carrying out of the intensions expressed in your will after your death. To ensure this is done in prudently and properly, it is advised to always seek advice from a professional, an experienced and professional lawyer. 

Terry Anderssen Lawyers provides practical advice and assistance for the preparation of wills and for enduring powers of attorney. Advice and assistance is also provided to Executors for the administration of an estate for probate and also for letters of administration.  

An Enduring Power of Attorney is also one of the most important legal documents you will have as it can significantly affect your legal rights. It is a document that allows the Principal (you) to appoint an attorney/’s (someone you trust) to make decisions about personal (including health) matters and/or financial matters for you. It is therefore vital that you carefully chose your attorney. An attorney has important legal obligations and duties they must comply with. It is also vital that you receive proper legal advice in relation to this and that this document is drafted correctly.

You must be capable of making the Enduring Power of Attorney without being under pressure from someone else and be capable to make the enduring power of attorney voluntarily and freely. You must also have capacity to understand the power the document gives and understand the document you are signing and you must be over 18 to make an Enduring Power of Attorney. The Enduring Power of Attorney must be witnessed (by an eligible witness) and this witness is certifying that you have the capacity to make the Enduring Power of Attorney. 

Contesting a will is when someone that what is set out in the will is not fair and that the court should intervene in relation to the distribution of assets among beneficiaries. This is different to challenging a will whereby a person is questioning whether the document is actually valid. 

What issues does the Court Consider in relation to a contested will?

In order to determine a contested will, a Court has to consider a number of issues. It is also difficult to define what an adequate provision would be or what this would amount to as each case varies. 

• The nature and extent of the claimant’s relationship with the deceased
• The financial position of the beneficiaries and other claimants
• Whether the deceased provided any support to the claimant during their life
• The standard of living of the claimant
• Any contribution that the claimant made to the size of the deceased’s estate
• Any promises or statements made by the deceased to the claimant about how the estate would be divided
• Any other matter that the court considers relevant. 

A Family Provision Claim- how to contest a Will

In Queensland, a Family Provision Claim is made (when a person contests a will) either if the deceased own real property (land) in Queensland or at the date of his or her death, the deceased was living in Queensland. 

It is important to act promptly when contesting a will by making a family provision claim as in Queensland there are strict time limitations which apply. It is also possible for monies to be spent or for assets to be distributed or sold. Therefore, there may be no assets to claim against if you delay in making a claim. 

Where a person dies, their property becomes “a deceased estate”. The assets need to be collected. The assets could include any array of property such as a house, boat, bank accounts, cash, vehicles, tools or other personal items. If there is a business, discussion with the Executors or Administrators will be required, to ensure there is proper planning to enable the business to continue to operate for the period of administration of the estate.

In addition, some assets may have to be realised such as life insurance, superannuation interests and assets in the name of a trust or a company. Debts may also have to be paid and income tax returns submitted. With all the confusion, uncertainty and planning that can surround such a difficult time, it is always best to consult with compassionate and efficient deceased estate lawyers.

We assist executors of an estate to help administer an estate as per the wishes of the person who passed away through their will and the Succession Act 1981.

We help executors by:

• Obtaining probate from the Supreme Court of Queensland, if required
• Finding and notifying beneficiaries—people named in the will who receive something from the estate
• Checking assets
• Collecting valuables and income and determining debts and liabilities
• Transferring or sales of assets
• Distributing the estate.

If a person dies without a valid will, then a person has died intestate and there is no executor. In this case, the next of kin such as a husband or wife will take on the role of the administration of the estate. However, they cannot do this until they receive a grant of Letters of Administration. We can help by applying for and obtaining Letters of Administration.