What Lawyer Do I Need for a Will?
Creating a will is an essential part of planning for the future, ensuring your wishes are respected after your death. But when it comes to engaging a lawyer, it can be tricky to know which legal expert to seek. Laws regarding wills, estates, and succession are complex, and having the right lawyer can make all the difference.

Look for a Lawyer Specialising in Wills and Estates

The first step in finding the right lawyer for your will is to seek someone who specialises in succession law. These lawyers have specific knowledge of the legal framework governing wills, such as the Succession Act 1981 (Qld). Wills and estates lawyers are well-versed in the formalities required to create a legally valid will. Under the Succession Act 1981 (Qld), a will must be signed by the testator in the presence of two witnesses, who cannot be beneficiaries. A lawyer will ensure all necessary steps are followed, reducing the risk of your will being contested.

Guidance Through Complex Estates

If your estate includes real estate, investments, business interests, or international holdings, a wills and estates lawyer is essential. Complex estates require careful planning to avoid legal disputes. A lawyer can help set up family trusts or create provisions for unique circumstances, such as providing for a family member with special needs. Additionally, estate taxes are a concern in Australia. While there’s no estate tax, other taxes, like capital gains tax (CGT), may apply when assets are transferred or sold after death. A skilled lawyer will help ensure your estate is administered tax-efficiently.

Ensuring Validity and Minimising Disputes

One of the main roles of a succession lawyer is to ensure that your will is legally valid and reduce the risk of disputes. A good lawyer will work with you to create a clear, unambiguous will that is resistant to legal challenges. If someone feels inadequately provided for, they may contest the will under the Succession Act 1981 (Qld) and the Family Provision Act 1972 (Qld). These laws allow certain family members or dependents to apply for a larger share if the will doesn’t adequately provide for their needs.

Final Thoughts: Peace of Mind

Writing a will is an important step in managing your estate and ensuring your loved ones are provided for. Given the complexities, especially with larger estates, it’s vital to have a lawyer who specialises in succession law. By working with a lawyer who understands the legal requirements and potential challenges, you can ensure your will is valid and reflects your true wishes. The right legal expert will give you peace of mind, knowing your estate will be administered according to your wishes.
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