The death or incapacity of a loved one is a difficult event which often triggers feelings of grief, despair and frustration. Having a legally binding Will helps your loved ones navigate this difficult period and ensure your wishes are followed in a caring and sensitive way.
Sadly, less than a third of Australians have a legally binding will and run the risk of their assets being divided by the State upon death. A Will or Power of Attorney can only be legally effective if made while the client still has capacity.
Our senior solicitor, Peter G. Williams has over thirty years of experience in his own legal practice, (and prior to that working for two Queensland law firms as a solicitor and associate) in equipping thousands of our clients with estate planning strategies to ensure that upon death, their wishes are not only respected, but are realized through the making of a professionally prepared legally binding Will.
We are able to provide fixed-fee quotations for simple Wills, Enduring Powers of Attorney and Advance Health Directives upon request. Please contact us to arrange an appointment with one of our caring lawyers to discuss how we can help you.
Succession Law and Elder Law matters handled by Peter G. Williams & Associates include:-
In Event of Death
- Preparation of Wills
- Deceased Estate Administration
- Supreme Court Applications for Probate
- Supreme Court Applications for Letters of Administration
- Inheritance disputes including Family Provision Claims pursuant to S. 41 Succession Act 1981
- Supreme Court Applications for Order to Amend Will
- Testamentary Trusts
- Mutual Will
- Binding and Non-binding nominations in respect of Superannuation policies
- Estate planning advice on the pitfalls:-
- Types of Joint Ownership and effect on inclusion in estate
- Special Superannuation implications
- Life Insurance Considerations
- Trust property
- Transmission Applications to the Titles Office
- Records of Death
- The effect of separation or Divorce on a Will
- Guardianship issues concerning children
- Duties of the Personal representatives of a deceased estate
- Private International law implications of owning assets overseas on the validity of Australian made Wills in foreign jurisdictions, and recognition and enforcement of foreign made Wills in Australia.
Enduring Power of Attorney and Advanced Health Directives
If you become mentally incapable without having first signed a Enduring Power of Attorney, you may cause a relative unnecessary stress, inconvenience and expense of having to apply to the Queensland Civil and Administrative Tribunal(QCAT) for an Order for the right to be appointed your Guardian and financial Administrator.
The success of such applications are often not certain, as they are frequently contested by the Public Trustee or the Adult Guardian, and the Tribunal generally is not required to follow the rules of evidence. These applications are also costly.
Elder Law matters handled by Peter G. Williams & Associates include:-
In Event of potential future Incapacity
- Preparation of Powers of Attorney (Enduring, Special Purpose or General Powers of Attorney)
- Advanced Health Directives
- Applications before QCAT regarding the appointment of a Guardian or Administrator to manage the finances and/or make personal and health decisions in respect of a person suffering incapacity
The professional preparation of your Will or Enduring Power of Attorney by Peter G Williams & Associates will ensure that your rights and wishes will be respected upon your death or incapacity.