Wills and Estates Lawyers Brisbane

There is no average cost to contest a Will. Rather, you can expect to pay anywhere between $20,000 and $100,000 or more, depending on how complex the matter is. It may only cost $10,000 to $30,000 to reach an out-of-court settlement, but it can cost over $100,000 if the matter goes to trial.

In most cases our Wills and estates Lawyers Brisbane strive to settle contested Wills out of court. This provides the best outcome for everyone involved and allows you to avoid the time and expense of taking the matter to court. FP Lawyers can provide court representation where necessary, but we recommend alternatives wherever possible.

In Queensland, a Will must be a written document that is signed and dated in the presence of two witnesses who are over 18 years of age. Your witnesses must be impartial and they cannot benefit from the Will or know someone who may benefit from the Will. The only other things you need to provide are a list of your assets and the personal details of your beneficiaries and executors.

In Australia you can make a Will with a Lawyer, write it on your own, or make an appointment with your state’s Public Trustee. To make a comprehensive Will you need to provide:

• A list of assets (including cash, property, vehicles and valuable possessions)
• The personal details of your executors
• The personal details of your beneficiaries
• Guardianship provisions for your children and dependents
• Instructions on how to distribute your assets
• Any specific instructions for your funeral

It’s important to be exact when making a Will. The more precise you are, the easier it is for your Wills and estate Lawyers Brisbane to ensure your wishes are met. This is critical if you have a spouse, children or dependents that you wish to provide for. If you don’t make appropriate Guardianship arrangements, you’ll have no control over the Court’s decision.

Probate is a Supreme Court document that empowers the executor of a Will with the authority to perform their role. In Queensland it typically takes 6-8 weeks to obtain probate, depending on how busy the Supreme Court is. Probate is usually required by organisations like banks before they will release an estate’s funds for distribution to its beneficiaries.

Probate can only be granted to the executor(s) of a Will. Obtaining probate is often a complicated process. While you aren’t required to engage professional help, a Wills and estates Lawyer Brisbane can make it significantly easier to obtain the grant of probate you need to carry out your role as executor.

To apply for letters of administration you need to:

1. Search for a Will
2. Get a copy of the death certificate
3. Determine whether you’re entitled to act as an administrator
4. Advertise your intention to apply for letters of administration
5. File your application forms

Filing for letters of administration can be a lengthy and complicated process. You will also be required to advertise your intention to apply in the correct legal journal, and you may need to pay a fee if the estate’s value is over a certain threshold. Working with estate lawyer Brisbane wide can greatly simplify the process of obtaining letters of administration and ensure you are empowered to administer the deceased’s estate.

Yes. You can contest a Will if you think it’s unfair. However, it’s not enough to simply state that a Will is “unfair.” You will need to challenge the Will based on one of the following issues:

• It fails to adequately provide for all family members
• The legal requirements for creating the Will weren’t observed
• The Will doesn’t reflect the deceased’s true intentions
• There was undue influence by an outside party while the Will was being written
• Provisions in the Will don’t match the intention of the provision

There is no legal requirement for Wills to be fair. Unfair Wills are a common occurrence, and there often isn’t much you can do to contest an issue. You need to speak to a Wills and estates lawyer Brisbane to determine whether you have a valid challenge.