Will Lawyers Brisbane
We’re experienced Will lawyers in Brisbane. If you’re planning for the future, we can assist you with drafting, executing and managing your Will.
Brisbane’s Expert Wills Lawyers
FP Lawyers are experts in preparing Wills for clients throughout Brisbane, the Gold Coast and Sunshine Coast. Not all Wills guarantee that your estate will be passed onto your beneficiaries as intended. Do-it-yourself Will kits are highly contestable in Court, and they may not provide a secure future for your family.
Wills prepared by our team ensure your wishes are recorded in the correct legal terminology. Our Wills allow you to:
- Decide how your estate will be distributed
- Establish trusts to manage your businesses and provide for your family
- Nominate the beneficiaries and executors of your estate
- Nominate a guardian for your children and dependents
- Express your wishes regarding your health, finances and funeral
It’s important to have your Will drafted, updated and maintained by our Will lawyers in Brisbane. This prevents confusion or disputes, and offers peace of mind that your affairs are taken care of.
What’s Involved in Making a Will?
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.
How Our Wills Lawyers Can Help
FP Lawyers are experts in Will writing and preparation. We can help you create a comprehensive estate plan that provides for your loved ones, long after you have passed.
We support clients at every stage in life. If you are updating an existing estate plan or creating your first Will, we can help. We understand that the process can be confronting. That’s why our team provides caring and sensitive advice to guide you through this crucial process.
Wills Frequently Asked Questions
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 lawyers 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 if 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 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, draft 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 Will lawyers 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. Probate is usually required by organisations like banks before they 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. A Wills lawyer can make it significantly easier to obtain the grant of probate and carry out your role as executor.
To apply for letters of administration, you need to:
- Search for a Will
- Get a copy of the death certificate
- Determine whether you’re entitled to act as an administrator
- Advertise your intention to apply for letters of administration
- 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 a Wills lawyer can greatly simplify the process of obtaining letters of administration.
Your Team of Experienced Wills Lawyers in Brisbane
Our Will lawyers in Brisbane make it easy to draft, maintain and execute your Will. FP Lawyers has decades of experience in Will drafting, so you can rely on our team to look after your affairs.
Katherine Parasyn
Principal
Alyce Carpin
Principal Lawyer