Estate Planning

Estate planning is an important process to ensure your assets are ultimately distributed in accordance with your wishes after your passing.

Our solicitors, led by Carley Ronan, will consider all of your circumstances (personal and business) and provide detailed and structured advice to you based on your instructions.

When you engage Holt Lawyers to work with you on your Estate Planning, the process will include:

Creation and customisation of all relevant documents:

Advice on Complex Family Situations:

Tax Planning:

Avoiding Legal Pitfalls and disputes

Updating Documents:

Power of Attorney and Health Directives:

Probate Assistance:

While it may be tempting to attempt estate planning without professional assistance, the legal complexities involved make it a task best left to solicitors who specialise in this area.

Our expertise in this area ensures your estate plan will be comprehensive, legally robust, and aligned with your unique goals and circumstances.

 

Drafting Wills

At Holt Lawyers, we have many years’ experience in drafting wills for our clients, from simple wills to more complex wills depending on your situation.

This is a crucial step in your estate plan, and our process will involve:

Initial Consultation:

Legal Advice:

Structuring the Will:

Incorporating Trusts or Testamentary Trusts:

Appointment of Executor and Guardians:

Updates and Amendments:

When you engage our firm to draft your will, we will ensure you receive a will that reflects your intentions, is legally valid and minimises the potential for disputes.

 

Enduring Power of Attorney

An Enduring Power of Attorney is a legal document that grants someone the authority to make decisions on your behalf, especially if you become incapable of making those decisions due to illness or incapacity.

We can assist you in preparing this important legal document.

Queensland has specific legal requirements regarding the creation and execution of Enduring Powers of Attorney. Our solicitors will ensure that your document complies with these requirements, making it valid and legally enforceable.

 

Estate Administration

We can assist you with Estate Administration in the event someone has passed away.

The process will depend on the estate value (assets and liabilities), and the quality of the estate documents. Our solicitors are experts in ensuring the orderly and cost effective administration of an estate.

Our process involves:

This can be a complex process, and our solicitors are well placed to provide you clear, concise advice on all of the necessary steps in what can be a very stressful time.

 

Grant of Probate

When someone passes away, often it is necessary to apply for Probate. We can assist you in this process.

When do you need to apply for Probate?

Probate is typically required when an individual passes away, and their estate is significant or complex.

Here are common situations when probate may be required:

1. Large Financial Accounts:

2. Aged Care and Retirement Living:

3. Shares and Investments:

4. Business Ownership:

5. Contested or Complex Estates

Probate is not always required, and we will work with you to determine the best process.

Our solicitors are experts in this area of law and will ensure the correct processes are followed to ensure the estate can be administered.

What is involved in Probate?

Probate in Queensland refers to the legal process by which the Supreme Court officially recognises the validity of a deceased person's will and grants authority to the executor named in the will to administer the estate. The executor is the person or entity appointed by the deceased to carry out the terms of the will and distribute the assets to the beneficiaries.

The steps involved include:

  1. Obtaining relevant documents such as the death certificate and will, and any other relevant documentation.
  2. Applying for probate: we will prepare the necessary paperwork and file it in the Supreme Court.
  3. Locating, identifying and then notifying creditors and beneficiaries.
  4. Providing advice to the executors on the process, and their obligations.
  5. Administering the estate when probate is granted.

It's important to note that the probate process may vary based on the complexity of the estate, the presence of disputes, and other factors. Seeking legal advice from qualified solicitors is essential.

Our solicitors, led by Carley Ronan, are able to assist you in this process.

 

Letters of Administration

When a person passes away without a valid will (intestacy), the Supreme Court of Queensland can issue Letters of Administration that appoint an administrator.

If this applies to your situation, we will assist you in this process, which can be complicated having regard to the rules of intestacy.

If your loved one passed away without a will, contact our office to discuss the next steps.

 

Contesting a Will

Contesting a will in Queensland involves challenging the validity of the will or disputing the way in which the estate is distributed. If you believe you have grounds to contest a will, please contact our office to discuss your next steps.

There are strict timeframes and requirements, and we can assist you in this process.

If you are an eligible applicant, we will work with you to file the court application (Family Provision Application).

Seeking legal advice early in the process is crucial to understanding your rights, obligations, and the likelihood of a successful outcome.

 

Expertise

Estate Planning

 

Wills

 

Enduring Power of Attorney

 

Estate Administration

 

Probate and Other Grants of Administration

 

Contesting a Will (Family Provision Application)

 

Here's what our clients say

Excellent lawyers! They assisted us recently with our new business lease, going through every dot point and ensuring that I understood what everything meant, as well as fighting for us in negotiations. They would not allow me to sign off on anything until they were absolutely satisfied. I very much recommend them and would use them again in the future.

Jess Bunty
Gold Coast Art School

Feb 2024

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The team at Holt Lawyers have managed multiple property settlements for us and have been wonderful to deal with. Trish was wonderful at explaining things to us, incredibly prompt with her responses and made sure we were informed at every step. I would strongly recommend Trish and Holt Lawyers to help with your conveyancing.

Elyse May
Jan 2024

 

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Richard and the team were on the ball and great to deal with in a recent property transaction.  Very knowledgeable in their area of expertise and reached out to us for the accounting perspective to ensure both legal and accounting were handled simultaneously.

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Aug 2023

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