Call us today

Get in touch with one
of our lawyers here

Estate Planning Gold Coast
& Brisbane Wide

“Attwood Marshall`s experienced lawyers are dedicated to ensuring that our clients estates are prepared and managed in the way that they intended.”

Attwood Marshall’s experienced Estate Lawyers across Brisbane and the Gold Coast are dedicated to ensuring that our clientsestates are prepared and managed in the way that they intended.

Estate Planning is a topic that none of us like to consider for very long, but it is one that is of vital importance to ensure your final wishes are carried out. Attwood Marshall’s leading Estate Planning Lawyers service the Gold Coast, Brisbane and northern New South Wales with a firm commitment to making sure your assets and loved ones are taken care of after you are gone.

Plan ahead and protect your family with a legally prepared Estate Plan. Contact us and book a consultation today at our Brisbane, Robina, Coolangatta or Kingscliff office.

Our Specialty Areas

Our dedicated Estate Lawyers Gold Coast and Brisbane wide are diversely experienced and familiar with all areas of Estate Planning. We are proud to deliver an individually tailored and considerate service to all our clients, to ensure your estate is organised and administered the way you want.

We can assist you in all specialty areas of Estate Planning, including:

Wills

Having a legal, properly prepared Will is vitally important to ensure your final wishes concerning the distribution of your estate are carried out. Without a legal Will, your estate could be distributed unfairly according to a formula set by each State and Territory’s intestacy laws. This could result in some of your relatives receiving more than you wished while other loved ones are not provided for in the way you intended.

A properly drafted Will ensures that the person you nominate administers your estate and that your estate is divided according to your wishes. It also makes the granting of probate quicker and less expensive, leaving more for your loved ones.

In addition, if you already have a Will you should consider updating it when your relationship or financial circumstances change, you have another child, an executor dies or no longer wishes to act, a beneficiary dies or you dispose of property you have specifically gifted in the Will.

Looking for legal advice regarding wills? Read more about wills or contact now for your free legal advice.

Testamentary Trust Wills

To ensure your assets remain within the family for their use and benefit, a Testamentary Trust should also be considered. Testamentary Trusts can protect your bequeathed assets from financial or other difficulties that may befall your beneficiaries, such as bankruptcy or divorce, and offer significant tax advantages.

They can also ensure the future care of handicapped children, prevent spendthrift children from squandering your estate, and allow your surviving spouse to pass on the assets to your children upon their death.

At Attwood Marshall, our professional Estate Planning Lawyers in Brisbane and the Gold Coast can provide expert advice and highly specialised Will and Testamentary Trust preparation to allow for the inexpensive, smooth transfer of assets at the time of your death.

Looking for legal advice regarding testamentary trust wills? Read more about testamentary trust wills or contact now for your free legal advice.

Special Disability Trusts

Similar to Testamentary Trusts, Special Disability Trusts are established by parents and immediate family members of a person with a severe disability or medical condition, with a sole focus on safeguarding their current and future care.

The trust will ensure that the beneficiary’s medical care, accommodation and other costs are provided for during their lifetime. It also offers social security benefits including a gifting concession by one or more eligible family members of the beneficiary, and an assets test assessment exemption for the beneficiary.

Our Estate Lawyers across Brisbane and the Gold Coast have specialist expertise in this area of Estate Planning and are committed to making sure your loved ones are adequately protected, even after you’re gone.

Looking for legal advice regarding leasing? Read more about Leasing or contact now for your free legal advice.

Enduring Power of Attorney Queensland

In Queensland, a Power of Attorney gives another person (your attorney) the authority to act on your behalf in managing your affairs, during your lifetime. While a General Power of Attorney authorises your attorney to handle your affairs in your absence, an Enduring Power of Attorney gives them the authority to continue act for you even if you lose capacity to make decisions due to an injury or medical condition.

Should you become incapacitated through illness or injury and unable to make decisions yourself, a properly prepared Enduring Power of Attorney ensures that your wishes on what medical treatment you wish to have or not have are carried out.

Preparing a legal Enduring Power of Attorney while you are in good health and have the capacity to make important decisions will safeguard your financial, personal and health affairs for the future. It can also assist in taking the burden off your loved ones and reducing their stress during an emergency.

Looking for enduring powers of attorney? Read more about enduring powers of attorney or contact now for your free legal advice.

Advance Health Directive Queensland

An Advance Health Directive is a legally prepared document stating your wishes and directions for future health care for various medical conditions. It comes into effect only if you are suddenly unable to make your own decisions, such as during a serious illness or injury when you are left unconscious or unable to communicate your wishes – when the most critical medical decisions need to be made.

In Queensland, having an Advance Health Directive in place ensures your wishes are known. These wishes can include anything from refusing certain medical treatments to whether or not you want to be resuscitated in certain circumstances, as well as giving instructions on life support and other emotionally sensitive issues to your family and medical team.

We advise that you review and update your Advance Health Directive every few years with the help of a legal professional, to ensure it continues to align with your personal situation and health status.

Looking for legal help with advance health directives? Read more about advance health directives or contact now for your free legal advice.

Enduring Power of Attorney and Appointments of Enduring Guardian NSW

In New South Wales, an Enduring Power of Attorney gives another person the legal authority to make financial decisions on your behalf while an Appointment of Enduring Guardian gives them the power to make medical and lifestyle decisions on your behalf. Both operate during your lifetime and in the event that you lose the mental capacity to make your own decisions.

These appointments ensure all your affairs will be protected if you suffer from an illness or injury that leaves you incapacitated and unable to handle them yourself. Without an Enduring Power of Attorney and Appointment of Enduring Guardian, complicated problems can arise when it comes to making decisions for you – and they may not align with your wishes.

Attwood Marshall’s Estate Planning Lawyers Gold Coast, Brisbane and northern New South Wales wide have the familiarity with state-specific requirements to make sure your financial, personal and health affairs are managed the way you intend.

Looking for legal help with Enduring Power of Attorney? Read more about Enduring Power of Attorney or contact now for your free legal advice.

Superannuation Beneficiary Death Benefit Nominations

Your superannuation may be one of your most valuable assets, but it is not covered by your Will as it isn’t automatically considered as part of your estate. So it’s important to take steps to protect your super, and make sure it goes to the right people after your death.

A superannuation beneficiary death benefit nomination appoints one or more people that will receive your super if you die. You can nominate one or more of your dependants or a legal personal representative, and you can allocate the percentage of your super benefit that you would like each beneficiary to receive.

Most death benefit nominations are valid for three years, at which point they will need to be renewed. Contact one of our specialist Estate Lawyers in Brisbane or the Gold Coast for legal advice and assistance with your nomination.

Granny Flat Agreements

Granny Flat Agreements allow parents to transfer property rights or the funds from selling their home to their children, for a lifetime right. While these funds or rights would normally be considered as a gift and would affect the parents’ pension entitlements, the granny flat provisions release them from the Centrelink deeming provisions.

Centrelink needs to be advised of the transfer of assets to approve the agreement, in order to assess your granny flat interest and the ongoing pension payments you receive.

Having a correctly drawn up and legally binding Granny Flat Agreement is highly recommended, to verify the granny flat interest and ensure that the agreement meets the necessary provision requirements. It should also set out who has security of tenure, liability for upkeep, rent agreements and a number of other terms so that both parties are clear on the particulars of the arrangement.

Looking for legal help with Granny Flat Agreements? Read more about Granny Flat Agreements or contact now for your free legal advice.

Contesting Wills

A Will contest is a challenge to a Will, usually initiated by a family member or a beneficiary who feels slighted by the testator’s choice of property distribution. If your parent or partner has died and left you out of their Will, you are unhappy with the amount of your inheritance or you feel that you haven’t been adequately provided for, you may be able to contest the Will and claim your fair share of the estate.

Attwood Marshall’s dedicated Estate Lawyers Brisbane and Gold Coast wide can provide you with a free consultation for advice on contesting Wills and estate disputes, and are proud to act for you on a “No Win, No Fee” basis.

Looking for legal help with Contesting Wills? Read more about Contesting Wills or contact now for your free legal advice.

Estate Disputes and Estate Litigation

Estate disputes between surviving family members and relatives are unfortunately a very common occurrence, requiring professional dispute resolution to assist executors, co-executors and trustees of a Will come to an agreeable outcome.

At Attwood Marshall, we are highly experienced with estate dispute resolution and handling sensitive legal issues with understanding and consideration to all parties involved. Our Estate Planning Lawyers across Brisbane, the Gold Coast and northern New South Wales can handle cases spanning both states, assisting executors and family members reach an outcome that suits everyone.

 

 

Online Enquiry Form

Online Enquiry Form

Sending

Department Manager Contact Details

We act in both QLD and NSW in all areas of law and Federal jurisdictions.

 

 

 

Freecall 1800 621 071

T: 07 5536 9777 F: 07 5536 9755

E: [email protected]