Wills & Estates Lawyers on the Gold Coast

Will Disputes and Estate Administration
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Planning for the future is essential. Our Wills & Estates Lawyers on the Gold Coast provide expert guidance to honour your wishes and protect your loved ones.

What Is a Will?

A Will is a legal instrument expressing an individual’s wishes for asset distribution and minor children’s guardianship upon death. It aids in circumventing potential disputes among beneficiaries and provides a clear direction for estate management. Creating or updating a Will is crucial during life-changing events and even otherwise for regular reassessment.

 

Without a Will, an estate may be disseminated under intestacy laws, which might not reflect the deceased’s actual wishes, causing potential disputes and added distress for loved ones.

Therefore, it’s advisable to engage with proficient probate lawyers to obtain tailored advice on estate law, ensuring a smoother estate planning process.

For Surfers Paradise or broader Gold Coast probate needs, our team of estate lawyers at Nyst Legal is here to assist.

When Should You Create/Update Your Will?

Creating a Will is an essential aspect of financial planning for everyone, not just those nearing retirement or with substantial assets. It’s generally recommended to consider drafting a Will once you reach adulthood and start accumulating assets, which can encompass more than just property or savings – it may also include sentimental personal belongings. Having a Will offers reassurance, ensuring your wishes will be carried out and your loved ones taken care of when you can no longer do so. Whether it’s creating your initial Will or revising an existing one, we advise reviewing it every 3 to 5 years or following significant family events, including:
  • You’ve been married or divorced since your last Will.
  • A named beneficiary in your Will has passed away.
  • One or all of your Executors are deceased or unable to fulfil their roles.
  • You’ve had a child or children since creating your last Will.
  • You’ve entered a De-facto relationship.
  • Your assets have significantly increased or decreased.
  • You desire to leave a specific asset to an individual.
  • You intend to appoint a guardian for your children.

What Happens When You Don’t Make a Will?

When someone passes away without a Will or with an invalid one, they are deemed to have died intestate. The consequences of dying intestate can be burdensome and stressful for your family, often leading to lengthy legal processes and expenses. 

 

This can be avoided by creating even a simple Will with the help of Gold Coast estate lawyers, which ensures your wishes are clearly outlined and can help alleviate the financial and emotional strain on your loved ones during an already difficult time.

What we consider when creating wills

Considering several legal factors, our estate administration lawyers on the Gold Coast meticulously assess your situation when drafting a Will. They provide tailored advice on options to protect your interests in suitable scenarios. This can include, but is not limited to:
  • Advising on binding death nominations for superannuation funds.
  • Providing suitable nominations for the appointor or principal in trust deeds.
  • Crafting testamentary trust Wills tailored to your needs.
  • Documenting your expressions of wishes accurately
  • Evaluating the feasibility of mutual Wills.
  • Structuring buy/sell agreements for business interests.
  • Assessing the potential risk of a third party challenging a Will.
  • Implementing strategies to minimise the risk of someone challenging a Will.
  • Utilising enduring powers of attorney effectively.

Get In Touch with Us

After hours please call +61 7 5509 2400 and select our urgent after hours option for assistance

Probate of a Will

Probate is a legal process that commences after a person’s death, whereby the Court validates the authenticity of a deceased person’s Will and approves an executor. The executor, often guided by a probate lawyer, is then legally permitted to manage the deceased’s estate, including settling debts and distributing assets to beneficiaries as outlined in the Will.

While obtaining probate is not always necessary and largely depends on the nature of the deceased’s estate. Typically, if an estate consists of joint assets, these will directly transfer to the surviving owner without the requirement of probate. On the other hand, if the deceased held assets solely in their name, such as property or bank accounts, probate might be required to distribute these assets appropriately. The complexity and value of the estate could also influence whether probate is needed.

Not every Will requires probate; it varies based on asset ownership and value. Jointly held assets or those of low value may not necessitate probate, while others may require it for proper distribution.

If you’re uncertain about the probate process or need legal guidance, contact our experienced estate lawyers on the Gold Coast today for expert assistance and peace of mind.

Our Services

Our comprehensive services encompass legal assistance for contesting the validity or terms of a Will, ensuring fair distribution of assets among beneficiaries.
With meticulous attention to detail and a deep understanding of estate law, we specialise in drafting comprehensive and legally binding Wills tailored to your unique circumstances and wishes.
In the event of conflicts or disagreements regarding the terms or execution of a Will, our dedicated team offers expert guidance and representation to resolve disputes amicably.
Our estate planning services go beyond simple Will drafting, encompassing comprehensive strategies to manage and distribute your assets during your lifetime and after your passing. We help you strategise for future uncertainties, ensuring your wealth is distributed according to your preferences, optimising tax benefits, and minimising potential disputes.
Managing deceased estates and trusts requires a meticulous approach. We can adeptly handle administrative tasks, from validating wills to distributing assets. We ensure compliance and optimal tax positions and provide peace of mind.
Our services extend to obtaining probate or letters of administration, essential legal documents required to administer an estate and distribute assets according to the deceased’s wishes or intestacy laws.

How We Can Help

As experienced estate lawyers on the Gold Coast, we understand the complexities involved in administering a deceased estate and navigating the probate application process. We can provide valuable assistance in:

  • Locating assets and liabilities of the estate;
  • Preparing and submitting advertisements;
  • Preparing and filing applications;
  • Providing legal advice on Will validity; and
  • Administering the estate. 

In addition to estate law, Nyst Legal can help you work with top lawyers who have extensive expertise in traffic law and commercial and corporate law. We offer comprehensive legal services tailored to meet your diverse needs. Connect with us today to schedule a consultation and discuss your specific requirements with our experienced legal team.

Why Choose Nyst Legal

  • Experienced: Benefit from our team’s nearly five decades of collective experience in handling Wills and Estates, including top-tier probate lawyers located in Surfers Paradise and throughout the Gold Coast.
  • Accessible: Receive personalised support covering a range of areas, including contested Wills, Estate Planning, Will Disputes, Estate Administration and crafting carefully considered Wills to ensure a comprehensive approach to your legal needs.
  • Effective: Whether you’re creating a comprehensive will, resolving a disputed estate or planning for the future of your family, our Brisbane and Gold Coast-based team offers tailored solutions to address your unique situation, providing expert advice and reliable guidance every step of the way.
  • Passionate: We are dedicated to protecting your legacy and advocating for your best interests. Our client-focused service drives us to go above and beyond, ensuring your Wills and estate matters are handled with the utmost care and diligence.

Why Choose Us?

Experienced

Experienced

With a legacy of legal excellence spanning more than five decades, Nyst Legal brings experience you can trust. Our dedicated team has the clout and commitment to provide expert legal solutions tailored to your needs. Your success is our priority.

Passionate

Passionate

Our team members are focused on achieving the very best possible result we can for all our clients. We love what we do and, for that reason, we do it very, very well.

Effective

Effective

We bring together a diverse group of lawyers and trusted external consultants, with expertise across multiple disciplines, to ensure we identify the very best possible result for you, and give you the very best chance of achieving it.

Accessible

Accessible

We value our ability to communicate with and assess the needs of our clients, whatever may be their background, status or position in life. We listen attentively to every client, strive to accurately understand their problem, identify their achievable goal, and work hard to deliver the right solution for them.

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Whether your matter is civil, criminal or commercial in nature, our team at Nyst Legal has all the experience, expertise and diligence necessary to ensure that you achieve the absolute best available result.