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Wills and Estate
A will is a legal document with information and instructions for the person/s you want to care for your children, inherit your estate and be the executor of your estate after you pass away. It is crucial that your will is prepared by experts who are aware of all legal technicalities involved in this process.
What is a Will?
Your Will is an important legal document outlining your wishes for when you pass away. It details:
- who you want to receive your assets
- who you want to receive specific personal items
- arrangements for your funeral (including any religious or cultural details)
- who you want as a legal guardian for any children under 18 years
- who you choose to be your estate executor when you pass away
Did you know that not all property can be included in your will?
This passes automatically to the surviving joint owner (or owners) on the death of the first dying joint owner — it does not form part of the estate of the first person dying.
Your superannuation arrangements may not entitle you to dispose of your superannuation assets by your will. The rules differ from scheme to scheme — you should discuss the matter with the administrators of your superannuation fund.
Jointly held property
Superannuation
Proceeds of life insurance policies
If the owner of the policy has nominated a beneficiary of the policy, the nomination takes precedence over the terms of the will. It follows that, where a nomination is made, the proceeds of the policy do not form part of the estate.
This passes to or is held for the beneficiaries of the trust according to the terms of the trust.
Certain shares in private companies cannot be given by will.
Property held in trust
Shares
Managing your estate
Administering an estate is not always straightforward and an executor can be held liable if they get it wrong. That is why it is a good idea to list a solicitor as an estate executor in your will.
In short, when someone dies, an executor is the person appointed by the will to administer the estate. This involves making sure their debts are paid and that their assets and possessions go where the deceased wanted them to.
Have you thought about making a Will or updating your current one?
In short, when someone dies, an executor is the person appointed by the will to administer the estate. This involves making sure their debts are paid and that their assets and possessions go where the deceased wanted them to.
Have you thought about making a Will or updating your current one?
First, we will schedule a 1-hour Estate Planning consultation with me personally.
After the consultation and taking your instructions, we will draft a Will for you.
- $150 incl GST
Estate Planning consultation with our Principal Solicitor (Book here) - $880 incl GST
Drafting a Will (Simple Will, no testamentary trusts) - $1,650 incl GST
Preparing a Will with Testamentary Trust - $880 incl GST
Preparing a Binding Death Benefit Nomination for a SMS - $350 incl GST
Preparing a Statement of Reasons - $250 incl GST
Preparing an Enduring Power of Attorney - $250 incl GST
Preparing an Appointment of Enduring Guardian - $150 incl GST
Preparing a Statutory Declaration - $150 incl GST
Preparing Estate Information Manual - $150 incl GST
Preparing a Letter of Wishes - Free of charge
Safekeeping the original Will at the firm’s storage - Free of charge
Preparing written instructions to sign the Will at home
You will receive
What Will's and manage estate service includes:
A will is a legal document with information and instructions for who you want to care for your children, inherit your estate and be the executor of your estate when you pass away.
Detailed written instructions on how to sign and witness the will unless you wish to do this in our Brisbane City office;
And detailed instructions on how to safely store your original will. Our office will retain a copy of your Will
And detailed instructions on how to safely store your original will. Our office will retain a copy of your Will
The Will
Detailed written instructions
Proceeds of life insurance policies
Detailed written instructions for your Executors on how to perform their duties
Additional services
Applying for a Grant of Probate
Guiding you through the court process with certainty and care.
When a loved one passes away and leaves a valid Will, the executor may need to apply for a Grant of Probate through the Supreme Court. This document legally confirms the Will and gives the executor authority to manage and distribute the estate.
Many banks, companies, department of transport and share registries will not release assets without a Grant of Probate. While this process can feel overwhelming at a time of loss, we make it simple and stress-free.
Many banks, companies, department of transport and share registries will not release assets without a Grant of Probate. While this process can feel overwhelming at a time of loss, we make it simple and stress-free.
At Genuine Legal, we:
Prepare and file all required court documents
Handle communication with institutions and authorities
Provide you with a fixed fee quote for obtaining a grant of probate and a clear estimate of legal costs for estate administration, so there are no surprises
Being an executor is a serious responsibility, and getting probate right is critical. Let us take the weight off your shoulders so you can focus on your family, while we focus on the legal details.
Applying for Letters of Administration
Where there’s no Will, we help you find the way forward.
If a person dies without a valid Will or if no executor has been appointed, you may need to apply for Letters of Administration from the Supreme Court. This document authorises someone (known as the administrator) to manage and finalise the estate.
The role of an administrator comes with the same duties and responsibilities as an executor, including paying debts and distributing assets correctly. Institutions such as banks, department of transport often require Letters of Administration before releasing funds.
The role of an administrator comes with the same duties and responsibilities as an executor, including paying debts and distributing assets correctly. Institutions such as banks, department of transport often require Letters of Administration before releasing funds.
At Genuine Legal, we:
Guide you step by step through the application process
Ensure documents are accurate and lodged on time
Offer a fixed fee, no hourly rates approach, so you know exactly what to expect
Acting as an administrator can feel daunting, but you don’t need to do it alone. Our team will make the process smooth, clear, and stress-free.
Advice for Executors
Supporting executors to protect themselves and the estate.
Being named as an executor is an honour, but it also comes with serious legal responsibilities and personal risk. Executors can be held personally liable if debts aren’t paid, tax obligations are overlooked, or the estate is distributed incorrectly. That’s why we recommend obtaining legal advice before taking any steps.
At Genuine Legal, we provide executors with:
Clear advice on your legal obligations and responsibilities
Ongoing guidance throughout the estate administration process
Representation in estate administration
Peace of mind knowing you are acting correctly and reducing personal risk
Most importantly, the legal costs of protecting yourself as an executor are usually reimbursed from the estate, so you’re not left out of pocket.
With Genuine Legal by your side, you can carry out your role with confidence and avoid costly mistakes.
With Genuine Legal by your side, you can carry out your role with confidence and avoid costly mistakes.
Estate Administration
Lightening your load during a difficult time.
When someone passes away, their estate must be finalised. This includes identifying assets, paying debts, and transferring property and funds to beneficiaries. This process, called estate administration — can be complex and time-sensitive.
We know this is often one of the hardest times in life. That’s why our role is to make it as smooth and stress-free as possible.
We know this is often one of the hardest times in life. That’s why our role is to make it as smooth and stress-free as possible.
At Genuine Legal, we:
Explain the estate administration process in clear, simple terms
Handle the paperwork and legal requirements on your behalf
Provide practical advice on tax and timing to protect you from personal risk
Offer clear estimate of legal costs, so you can plan ahead with certainty
Whether the estate is large or small, our team is here to guide you every step of the way.
Estate Litigation
Protecting your rights in estate disputes.
Unfortunately, disputes about Wills and estates are common. Family members may feel they were left out, believe they received too little, or question whether the Will is valid. In other cases, claims or court actions may already be underway when a person dies.
If you are an executor, you may be required to defend the estate. If you are a family member, you may want to challenge a Will or make a claim for a fair share. Either way, legal advice is essential.
If you are an executor, you may be required to defend the estate. If you are a family member, you may want to challenge a Will or make a claim for a fair share. Either way, legal advice is essential.
At Genuine Legal, we assist with:
Family provision claims (where someone seeks a share of the estate)
Disputes over the validity of a Will
Ongoing legal actions involving the deceased person
Protecting executors from personal liability during litigation
Estate disputes can be stressful and emotional but you don’t have to face them alone. Our team will protect your rights, provide clear advice, and work towards the best possible outcome for you and your family.
