Wills & Estate Lawyer in Morayfield

Yes, and the reasoning is not about size. Where there is no valid will, the estate is distributed under the fixed statutory order in the Succession Act 1981 (Qld), ascertained from a schedule to the Act by reference to the facts existing in relation to the person who died. That order begins with spouse and children, and it takes no account of who you would have chosen. More importantly, if you have children under 18, the will is where their guardian is named. Renting changes the size of an estate, not whether one exists.

Not automatically. Superannuation death benefits and jointly held property may pass outside a will and are not automatically governed by its terms — general information only, not personal financial or superannuation advice, and not a statement about any particular fund, nomination or account. It is why we ask what your nominations say before drafting, so the will and the rest of the picture are pointed at the same people rather than at cross purposes.

Your will is where a guardian is appointed, and we recommend naming a substitute in case the first choice cannot act. We also work through how the children are provided for — whether an inheritance is held until they reach an age you nominate rather than paid out at 18, and who manages it in the meantime. Around 24.1% of Morayfield families were one-parent families at the 2021 Census, which is why this is usually the longest part of the appointment.

You can buy one, but the formal requirements are strict. Section 10 of the Succession Act 1981 (Qld) requires a will to be in writing and signed by you, with your signature made or acknowledged in the presence of two or more witnesses present at the same time, who then each sign in your presence. A document that does not meet those requirements is not a validly executed will. We draft the document, walk through it before signing, supervise the signing and store the executed original.

The firm states that for straightforward situations it offers fixed-fee work, that more complex estates involving blended families, business interests or significant assets may need a tailored quote, and that it discusses the full cost up front so there are no surprise bills. Raise it at the first conversation. Please confirm current fees when you call, as they are reviewed periodically.

Under section 41 of the Succession Act 1981 (Qld), a spouse, child or dependant of the deceased may apply to the court for provision where adequate provision was not made for their proper maintenance and support. Whether a particular person falls into one of those categories depends on their circumstances, and nothing here is advice about your situation. An application must generally be started within nine months of the death, though the court has a discretion to allow a late one. We can draft with that risk in view — careful drafting reduces it, and no lawyer can promise an outcome.