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Will & Testament law in Townsville, Australia, is governed by the Succession Act 1981 (QLD) and is meant to outline how an individual's property and assets, collectively called an 'estate', is divided upon their demise. A lawful Will outlines how these are disbursed and to whom, whether they be household, members, friends, or charitable organizations. A Testament is typically integrated into the Will and furnishes a legal guide on issues related to children, for example, their custody and trust fund management.
Having a lawyer assist you in creating your Will & Testament can be critical. If your situation is complex, you have a substantial amount of assets, or you have specific conditions and commands to include, a lawyer could ensure that your Will is legally valid, lucid and precisely mirrors your intentions.
Legal representation could also be necessary if you need to challenge a Will in court. This may include cases where you believe the Will is forged, the Will-maker was unfairly pressured, or if you feel you didn't receive a fair share of the estate. Lawyers can advise on the likelihood of success and guide you through the procedures involved in contesting a will.
Under the Succession Act 1981 (QLD), a Will must be in writing and signed by the will-maker in the presence of two or more witnesses above the age of 18, who must also sign the Will. The witnesses must not be beneficiaries in the Will.
A person can make a Will if they are 18 or over and have the mental capacity to understand what they are doing. If younger than 18, one must get Court approval to make a Will. Also, if a person gets married after making a Will, the Will becomes invalidated, unless it clearly states that it was made in contemplation of the said marriage.
If you die without making a Will, you die 'intestate'. In such cases, your assets are distributed by the Court following the rules set out in the Succession Act 1981 (QLD). This may not align with your wishes.
Yes, you can change your Will after it is made by making a new Will or adding a 'codicil', which is a legal document that specifies changes to the existing Will. Any changes must comply with all legal requirements similar to a Will.
An executor is a person named in your Will who carries out the instructions in your Will after you die. An executor can be anyone above 18 years and can be a beneficiary in your will. It's common to appoint a spouse or adult child as an executor.
Yes, Wills can be challenged in court for several reasons such as if a dependent person feels they have not been adequately provided for or if there is a suspicion of undue influence or fraud.
It is recommended to review and update your Will every five years or after any significant life event such as marriage, divorce, birth of a child, or acquiring a significant asset. Updates to your Will must follow the legal requirements to be valid.
The Public Trustee of Queensland can be a valuable resource for those seeking assistance in Will & Testament matters, including creating a Will, administering an estate, or dealing with related legal matters. It also offers free will-making services.
If you need legal assistance in Will & Testament law, the first step is to consult with a licensed and experienced solicitor. They can provide tailored advice considering your specific circumstances. Also, ensure that you have detailed knowledge of your assets, debts, and a clear idea of how you wish to distribute your estate.
