Wills and Estate Lawyers In Tweed Heads
Plan Your Estate
At Budd & Piper Solicitors & Conveyancers, our legal team have served clients from both sides of the border, from Gold Coast, Queensland to Tweed Heads and the surrounding Northern New South Wales region. Our knowledgeable team can assist you with:
- Drafting & updating wills
- Drafting & revoking powers of attorney
- Drafting & revoking enduring guardian documents
- Applying for probate in NSW or QLD
- Challenging wills
- Deceased estate claims
- Estate planning & administration
- Letters of administration (where the deceased person has died without leaving a valid will or any will recording their wishes regarding what is to happen to their estate)
A will is an important legal document that records your wishes when you pass away, in a manner which is legally binding and enforceable. It should cover the disposition of your entire estate and clearly identify who is to receive a gift or benefit under the will. It can also include details on who you wish to appoint as a legal guardian for your children under 18 years of age, in the event that your death leaves them without a surviving parent or guardian. Your will also can record your funeral preferences and your preferred arrangements for your burial or cremation. It’s vital you enlist the help of a legal professional when drafting a will to ensure the document is complete, accurately reflects your wishes, and is legally binding and enforceable.
Do I Need A Will?
Everyone needs a will, regardless of how much or how little you have. Wills are not reserved for people with complicated assets or who are very wealthy. Everyone has some assets, even if they are limited to a small bank account, a motor vehicle or furniture and personal effects. You need to make a will to ensure that your possessions will go where you want them to after you have died. A will can make sure your assets go to the right people, and ensures that your loved ones are taken care of. A formal legal will, made in writing and witnessed by two independent witnesses who watch you sign the will and then sign the will as attesting witnesses, can help to avoid complicated legal disputes between your family and friends regarding the control of your estate and the disposal of your assets.
For a will to be legally valid, it must be made by someone over the age of 18 and made without coercion, undue influence or pressure. You must be mentally capable of making your own decisions and understand that the document you are writing is intended to be your will. A will can be handwritten or typed and must be signed along with the signatures of two or more witnesses who have watched you sign the document and then signed it themselves in your presence and in the presence of each other. A valid will must also be dated with the date on which it was signed. If any of these conditions are not met, it may be possible for your will to be overturned by a court and in that case, the wishes you have recorded in your will may not be carried out as you intended.
Appointing An Executor
As part of your will, you should appoint one or more persons as your executor or executors. They will handle your affairs once you pass away, dealing with your assets and attending to the payment of any debts or liabilities. Anyone over the age of 18 years can be appointed as your executor, including a person who is named as a beneficiary under the will. The role of the executors is to manage and distribute your estate in accordance with your will, as well as arrange your funeral and burial or cremation, close bank accounts, collect life insurance and ensure all your debts are paid. They also are responsible for applying for
a grant of
probate
after your death, in the event the assets in your estate require a grant of probate in order to be dealt with, for example, bank accounts with a substantial balance and real estate. If you have been appointed as an executor under a will, our team at Budd & Piper is able to advise you in relation to probate and estate administration in both NSW and QLD.
Let Us Help
Planning or contesting a will can often be a difficult and stressful process, so let our solicitors make it simple for you. We’re here to provide you with trusted legal assistance on all will related matters, as well as on succession law, powers of attorney, guardianship and much more.
If you want to draft or update your will, or require advice in relation to any related matters regarding your affairs, you are welcome to schedule an appointment with the team at Budd & Piper Solicitors & Conveyancers and let us take care of you.
