Wills and estate planning

Superannuation monies are tied to a superannuation fund which has a trustee who decides on payments. It's important to discuss unclaimed superannuation and claims with our team of legal experts today. The basis of this kind of claim is that the Will-maker was pressured into making a Will. You must show that the deceased person was 'unduly influenced' by a person to sign a Will that wasn't in line with their true wishes. I am impressed with the basic fact sheets on your website to explain your range of services & FAQ’s in layman’s’ terms.
It is legally binding if you lose the capacity to make decisions yourself. An Advance Health Directive is a way for you to communicate your wishes about medical treatment should you be unable to make decisions about your treatment in the future. Contact our team today to discuss any Advance Health Directive legal concerns or questions you may have.



We offer estate planning to Logan and South Brisbane locals who want to ensure that their property will go to the people and/or organisation/s of their choosing. We offer fixed fees for all of our work, including Estate Administration and Will and estate disputes. We can do this because all of estate lawyers brisbane our Will and estate lawyers have represented clients in all types of Will and estate litigation matters before. If you’ve been thinking of organising a Will or have decided to review your Will, call our office and our professional estate lawyers will get in touch with you almost immediately.

Administrators, financial dependents, beneficiaries and relatives need to know what might be involved if a dispute arises for example by reason of potential beneficiaries left out of a relative’s will. Clickhereto view our latest estate planning and business succession bulletin. A Will ensures your estate passed on as you intended and your family’s future secured as planned.
We will make an appointment with you, either by way of video conference or just by way of telephone. The Estate Lawyers has never represented any client in a Will or estate dispute where the amount of our fees exceeded the award received from the estate. Therefore whilst The Estate Lawyers has an office in Brisbane and a visited office on the Gold Coast, we also represent many clients from around Australia and the world in their Queensland based Will and estate matters. If you would prefer to meet face to face, we will arrange that. If you would prefer to only deal with us on the phone or through skype, we can also arrange for this.

If you are lodging a family provision claim with the court, you must do so within nine months of the date of the deceased’s death. Advice should be urgently sought from a lawyer who isskilled in challenging a will and the complex law around wills and estates. There are strict time-frames within which to act, and the actions required can be complex. You will always have two lawyers who know about your case at any time.
The information contained on this website is general in nature and does not constitute specific legal advice. Consult us or another estate lawyer for expert legal advice specific to your circumstances. The information displayed on this site is a general guide to some of the many issues that apply to the compilation of wills, conduct of will disputes and effective estate administration. Do not rely solely on the information contained on this site for the purpose of making decisions.

For instance, you may want to make sure that an ex-spouse don’t receive anything, while also making sure that all children get the support that they need for school. Estate administration involves the management, collection and distribution of a deceased’s assets and liabilties. Our lawyers focus on Wills and Estate so we can achieve more for our clients. When the time comes to administer the Estate you can trust one of our team.
Deceased estate lawyers are qualified and ready to take on your claim. Whether disputing a previously valid will or proving why you deserve to be a beneficiary of the will, we will do our best to advocate for a favourable outcome. This process will usually happen after the document has been legally approved by the courts, known as a Grant of Probate. Until the will has reached probate, the document has not become a legal testament to a person’s final wishes. Once probate is granted, the appointed executor will begin collecting all of the funds and property of the estate and distribute them amongst the people named in the will.
Queensland law allows family members or dependants who suffer hardship because they have been overlooked or inadequately provided for in a will, to bring a lawsuit for estate allocation to them. Although estate planning is a topic most people would prefer to avoid, a well-structured approach can help provide certainty for your loved ones during a very stressful time. It can be a difficult process in a time of grief and you may be surprised at the small cost to have a lawyer remove the pressure from you and make it easy. Whatever your assets, modest or great, self-made or inherited, you owe it to your family to put your affairs in good order for the sake of your loved one. At Madsen Law, we offer compassionate, professional advice and assistance on creating, changing or challenging a will for Logan & Brisbane Southside clients.

We understand that some clients want to be heavily involved in the estate administration process while others prefer for their solicitor to take care of as much work as possible. You should only pay the lawyer for the completion of the agreed job, not how long it takes them to do it and that is why The Estate Lawyers are so passionate about fixed fees for legal work. There is no specific time limit to dispute a Will for incapacity in Queensland, but the longer you wait to speak to The Estate Lawyers about contesting a Will, the harder it will be to succeed.
Wills can be challenged if they are made under the influence of an overbearing relative, friend or advisor. This usually occurs when there is an imbalance of power in the relationship, where the weaker party agrees to the more dominant party’s desires contrary to their wishes. A full examination of all the circumstances under which the will or codicil was made is required. To have capacity, the testator needs to know what a will is, what their property is and the people that have a reasonable claim to the estate. If for example the deceased was not of sound mind, perhaps due to dementia, at the time the will was executed, then the deceased will be said to have lacked "legal capacity" and the will is therefore invalid. Any earlier will would take precedence in those circumstances.