Wills and Estates Lawyers Brisbane

Creating or maintaining a Will is a straightforward process. Our lawyers guide you through your options, discuss your future and draft a document in the correct legal terminology.

During your Will preparation consultation, we will consider your:

• Beneficiaries and executors
• Physical health
• Finances, assets and debts
• Business structures (including trusts)
• Family situation, spouses and any dependents
• Residuary estate

Wills can be complex documents, especially if you have a large estate or business affairs. If required, we can also create Advanced Health Directives and Enduring Powers of Attorney that give you control over medical decisions in the future. 

Your estate plan is a full accounting of your wishes. The plan records details about your assets, businesses, family, health care and more.

Planning your estate can be a complex process, particularly where taxation and family law are concerned. FP Lawyers simplify the process. During your estate planning consultation, we discuss:

• Distribution of assets
• Guardianship of your children and dependants
• Power of attorney and Enduring power of attorney (EPOA)
• Advanced Health Directives
• Superannuation 
• Taxation issues
• RAD or Aged Care Bonds
• Specific requests and gifts
• Trusts, including bloodline, testamentary, and special disability trusts
• Establishing trusts for children and dependants
• Statutory Wills
• What happens to jointly owned assets when a partner dies
• Funeral Arrangements
• International Wills

Our estate planning service can help you plan for any eventuality, during your lifetime and beyond. We ensure your wishes are recorded in the correct legal terminology to minimise disputes and protect your family from unnecessary stress.

We provide estate planning services, including advice on family law and taxation matters. FP Lawyers will ensure your wishes are recorded in full and that your estate plan is legally binding.

Our estate lawyers are experienced in managing complex estates. Katherine Parasyn, our principal lawyer, is also a registered CPA. This allows us to develop estate plans with particular attention to taxation matters, which ensures your family is protected, rather than leaving them with unexpected tax bills.

Your estate plan must nominate one or more Executors who will be responsible for carrying out your wishes after you pass away. If your Executors are unable or unwilling to fulfil their responsibilities, you can nominate FP Lawyers to act as the Executor of your estate.

As qualified estate lawyers, we are able to provide impartial estate administration services. Working with us also reduces the stress on your family at a trying time, allowing them to grieve while we handle the legwork.

An estate or Will can be disputed in certain circumstances. Where that happens, our estate lawyers provide advice and representation for negotiations and litigation.

We recognise that disputes over an estate can be a trying time. Our team provides caring and compassionate support to navigate the situation with a minimum of stress. If you are disputing an estate, or defending against a dispute, FP Lawyers can help.

Establishing an estate plan is the best way to protect your assets. In the event that you pass away or become unable to make decisions, your estate plan allows you to exercise control over assets, businesses, trusts and more.

FP Lawyers takes a commercial approach to asset protection. This provides the greatest benefit to you, your family and other interested parties. As part of your estate plan we will discuss:

• How to protect your wealth and minimise your risk during your lifetime. This may include establishing trusts, company structures and self-managed superannuation funds.
• Passing your estate onto its intended beneficiaries, incorporating Testamentary Trusts into your estate, and providing tax advantages to beneficiaries.
• Establishing trusts, companies and other entities to protect your wealth and minimise the risk to your family.

Developing a succession plan ensures your businesses are passed along without issue. Your estate plan allows you to decide how you want your businesses to be handled after you retire, pass away, or if you become unable to manage your work.

A grant of probate certifies that you have the authority to execute the estate of someone who has passed away. If you have been nominated as the Executor in an estate plan, you may need to obtain probate before you can begin distributing assets.

FP Lawyers can assist you in applying for probate. The process can be complicated if there are disputes or if the validity of the Will is contested. Whatever the case may be, we can help with obtaining probate and fulfilling your responsibilities as Executor.

When you pass away, your superannuation fund pays any remaining money to a nominated beneficiary. If you don’t nominate a beneficiary, you have no control over who your super is paid to.

Naming a beneficiary in your estate ensures your superannuation is paid to the person or people of your choosing. This could be:

• Your spouse or partner
• Your children or other dependents
• Financial dependents
• A legal personal representative

Nominating a legal personal representative allows you to distribute your superannuation via your Will. This is a flexible option if you’re unsure who to nominate as your beneficiary.

Distributing money and assets to your beneficiaries can have significant tax implications. Depending on where you live, your estate and/or beneficiaries may need to pay:

• Inheritance taxes
• Capital Gains Tax
• Stamp Duty (Transfer Duty)

This can leave your beneficiaries with a large tax burden at a trying time. With careful planning, our estate lawyers can minimise taxation concerns, and provide tax advantages to your beneficiaries.