Probate Lawyers on the Gold Coast
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.
If you are looking for probate lawyers in Surfers Paradise or the broader Gold Coast, Nyst Legal can also accommodate your needs.
Our lawyers understand the stress and uncertainty that can occur when a loved one passes. The additional pain that the lack of a well-considered Will can bring to a family can be avoided. Estate disputes can be costly and can lead to broken relationships.
An important thing to be aware of is that Wills and Estates are closely linked. Most estate disputes can be avoided before the death of the testator when the testator makes his or her Will. A well drafted and well considered Will, done early, is the best way to minimise estate disputes later.
Creating a Will is a key element of financial planning that everyone should consider, not just those approaching retirement or with substantial assets. It’s generally wise to start thinking about drafting a Will once you reach adulthood and begin to accumulate assets. This is not limited to property or savings; it can also include personal belongings of sentimental value.
Significant changes in your life circumstances, such as marriage, divorce, entering a new partnership, or becoming a parent, often necessitate creating or revising your existing Will. These changes can drastically alter how you would want your assets to be allocated or who should be entrusted with the care of your minor children in your absence.
As you move through different stages of life, acquire new assets, or experience shifts in personal relationships, your Will should be reviewed and updated accordingly. It’s also worth revisiting your Will in the event of the death of a named beneficiary or the executor.
These significant moments serve as reminders that life is a journey with unexpected turns. As such, having a Will provides a sense of security, ensuring your wishes will be carried out and your loved ones are taken care of when you can no longer do so.
The following events have been identified as triggers.
If you think that a Will is important for you, view our information videos and contact us to discuss your circumstances.
Have you been left out of a family member’s Will? Perhaps you believe that you haven’t received your fair share of the estate of a recently deceased?
It is commonplace for there to be disputes regarding the contents of someone’s Will. It may be that:-
Our team has a wealth of experience in dealing with deceased estate disputes. Whatever the circumstances, we will ensure that you get your fair share of the estate. Call Nyst Legal on 07 5509 2400 to arrange a confidential initial consultation. Our expert probate lawyers Gold Coast will provide you with the right advice on whether you are able to make a claim.
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.
Although the process might seem daunting, engaging with a probate lawyer can simplify it significantly. Probate lawyers are legal professionals specialising in assisting executors to navigate the complexities of the probate process. They understand this can be stressful and provide comprehensive and empathetic support.
Nyst Legal has lawyers in Surfers Paradise and the Gold Coast to attend your probate needs.
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.
Moreover, the requirements of probate are not universally applicable to every Will. There might be circumstances where probate is not required, for example, if the assets in the estate were jointly held or if the estate is of low value.
Applying for a grant of probate involves a set of procedures that must be correctly followed. First, you must identify and value the deceased’s assets and debts. This may require appraisals and evaluations of different property types. After gathering this information, you’ll need to prepare and lodge the relevant legal documentation with the court, including the original Will, the death certificate, an inventory of assets and liabilities, and an executor’s affidavit.
These documents aim to confirm the Will’s validity and the estate’s appraised value. It’s essential to meticulously complete this documentation to prevent any errors that could delay the process. Consulting with a probate lawyer in Surfers Paradise or across the Gold Coast can be advantageous in ensuring that this is correctly done.
As for the duration, obtaining a grant of probate can vary depending on several factors. It depends on the complexity of the estate, the efficiency of the court process, and whether the Will is contested. On average, it could take several months from submitting the application to the grant of probate. This timeline can extend if complications arise, such as disputes over the Will or difficulties in valuing or accessing the assets.
If you have been appointed the Executor of a deceased estate, it will be your duty to manage the estate for the beneficiaries.
Administering a deceased estate can be a time consuming and difficult task for an Executor. Ordinarily it will include:-
This can sometimes be a lengthy and complex process, particularly if the estate is large and contains a broad range of assets. It is important that you obtain proper advice and support from competent lawyers to ensure that you not only maximise the return to the beneficiaries, but comply fully with your duties as Executor and trustee of the estate.
The cost will vary depending on the complexity of your circumstances.
You will need to know who you want to appoint as your executor, and what you would like to happen to your property.
After hours please call +61 7 5509 2400 and select our urgent after hours option for assistance
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