Frequently Asked Questions
Please review some of the many Frequently Asked Questions that we receive from our clients.
If you do not see the answer to your query, please contact us.
Wills
How much do you charge to make a will?
Everyone’s circumstances are unique so each will that we prepare and the time taken to create it depends on the amount of assets and number of beneficiaries plus any other specific mentions. Please contact us for a quote on your will requirements.
Do you charge to look after a will?
No we do not charge to safe-keep a will.
What is the point of paying a lawyer to make a will?
The main reason to pay a lawyer to make a will is to ensure that the document is legally valid and properly executed. A will is a complex legal document, and it is important to follow the correct procedures to ensure that it is enforceable. This includes complying with state laws and requirements for witnesses and signatures.
A lawyer who specialises in estate planning can help to ensure that your will is properly drafted and executed. They can also provide advice and guidance on the best way to structure your will to achieve your goals and protect your loved ones. For example, a lawyer can help you to determine who should be the executor of your will and how to distribute your property and assets.
Another reason to pay a lawyer to make a will is to avoid potential disputes and challenges. If your will is not properly drafted or executed, it may be contested after your death. This can lead to costly and time-consuming legal battles, which can be emotionally difficult for your loved ones. A lawyer can help to ensure that your will is legally sound and can withstand any challenges.
In summary, paying a lawyer to make a will is important because it ensures that the document is legally valid and properly executed. A lawyer can also provide valuable advice and guidance on the best way to structure your will to achieve your goals and protect your loved ones. This can help to avoid potential disputes and challenges and ensure that your wishes are carried out after your death.
I know my relative made a will but we can't find it. What happens now?
A will that cannot be found is regarded as never being made and the person has died intestate. Please contact us to find out what your options are.
We have found my father's will but it is dirty and torn on one page. Will it still be accepted for probate?
Yes, but you will need a lawyer to assist you. Please contact us to find out your options.
My relative died without a will. How does their estate get distributed amongst her family?
Queensland Law sets out how the estate is distributed where a person dies intestate. Currently (2023) this means that $150k plus chattels in the house go to the spouse and then the remaining estate is divided in certain shares under the law.
My grandfather made a will but forgot to include me even though all other grandchildren are mentioned. Can I challenge it?
Grandchildren generally cannot challenge a valid will. However, if your grandparent had made a promise to leave you some money in their will (for example) and you can prove this then you may have grounds to challenge.
My father remarried late in life and myself and my 2 brothers have never liked our stepmum. He died with a will leaving everything to her and we think she persuaded him to do this when she knew he was getting dementia. Can we challenge his will?
Yes, children can challenge a parent’s will. It is important to note there are time limits that run from the date of death during which you must apply to the Court. Please contact us to represent you and submit your challenge to Court.
Can relatives excluded from a will challenge it?
Yes, but in Queensland this challenge is usually limited to husbands, wives, partners and children.
Our father left all his assets to the RSPCA. Can I challenge his will because I desperately need some money?
Yes in Queensland. Note that you have a limited amount of time to do this.
What is a probate requisition
Sometimes, the Court may issue a probate requisition when an applicant has not fulfilled at least one of the requirements for a probate application. A probate requisition forces the executor to provide additional documentation or to amend existing documents. Even if the initial application is completed correctly, a requisition may still be issued if the Court requires further information to clarify certain aspects of the application.
