[AMA] I Am a Wills and Estate Lawyer in Queensland

mr_vino89 on 24/03/2020 - 21:00
Last edited 24/03/2020 - 21:13 by 1 other user

I am a Wills and Estate Lawyer in Queensland. I'll answer what I can lol :)

Also practice in general property and commercial law as well.

In times like these where unexpected deaths can occur as a result of COVID-19, please consider reviewing your existing Wills or having a new one prepared (if you don't have one) to ensure that your estate is left to the right people.

Disclaimer:

You should seek independent legal or other professional advice before acting or relying on any of the content here or on the internet generally.

There are free legal advice clinics set up in Qld. See link below for locations: http://communitylegalqld.org.au

Also, I am only familiar with the Qld Succession Law so most of my answers are general or based on what I know in Qld. If your question relates to a different state, I highly recommend that you seek independent legal advice from that state as it is likely to differ from Qld.

Feel free to PM me if you have any confidential enquiries

Mod: Removed self advertising.

Introduce Yourself

closed Comments

  • pao2x on 24/03/2020 - 21:10

    Who can witness a deed poll of release?

    • mr_vino89 on 24/03/2020 - 22:18
      +1

      My understanding is that a Deed can be witnessed by anyone over 18 and does not need to be a qualified witness (such as JP, Com Dec or solicitor).

  • MS Paint on 24/03/2020 - 21:30

    Are DIY will kits any good or have regular issues?

    Please answer our questions. Thanks.

    • mr_vino89 on 24/03/2020 - 22:21
      +1

      I generally recommend that you see a lawyer to have your Will prepared instead of using a Will kit: (a) to obtain the legal advice as to what type of Will best suits your circumstances and (b) to avoid drafting and interpretation issues of your Will.
      I have dealt with many DIY Wills during estate administration where the Willmaker has not been very clear of their intentions/wishes under the Will which leads to interpretation issues and disputes.
      DIY Kits also does not suit everyone's circumstances.

      • SaberX on 25/03/2020 - 03:26

        I had the same question but as it's already been asked/answered…

        how does one looking for a cheap will kit then part with their money as a lawyer 'seems expensive' - many choose a cheaper lawyer at a fixed rate, but how does one necessarily avoid getting a 'by th ebook' lawyer and actually pay for one that actually , really tries to consider and write a will that is applicable to your situation?

  • SmiTTy on 24/03/2020 - 21:42

    What is a reasonable amount of money someone would pay to get drawn up a will. Understand it depends on a number of factors, but on average what would u say is an appropriate range

    • mr_vino89 on 24/03/2020 - 22:22

      For simple Wills I am seeing law firms generally charge between $400 - 600.00 (plus GST).

  • Zippy135 on 24/03/2020 - 23:29

    If you want to make changes to your will but don’t want to go back to the same lawyer, is this possible? Or do you have to create a new will?

    • mr_vino89 on 25/03/2020 - 06:36

      Yes this is possible without going to the same lawyer. You can either prepare what they call a "Codicil" which changes certain provisions of your existing Will or create a new Will which revokes you're old one. I recommend doing a new Will because the more Codicils you do, the more difficult it can be to interpret your Will as a whole.

  • Some Guy on 25/03/2020 - 01:23

    Can a parent's will exclude the spouse and children of a deceased child, ie benefit only the parent's surviving children? If so, is such an exclusion easily challenged?

    • mr_vino89 on 25/03/2020 - 08:30
      +1

      Yes they can. However, in Qld there is a section in the success legislation for auto gift over to surviving children of deceased child. if you don't want that to happen then you need to specifically exclude that section or include a contrary intention in your Will.

  • SaberX on 25/03/2020 - 03:28

    If you don't mind, two quick questions:

    As superannuation it appears cannot go to non dependents - parents (I believe) is the only way to specify in your binding death nomination to your superfund that the proceeds go to your estate? And then the will deals with it? or is this again dependent and not guaranteed on the super fund trustee following these wishes, rather than say if you were married, paying it to your partner?

    Second - is there a 'public' vault per se where upon passing most people/family members can find your safeguarded will? As opposed to the issue of having to store it at home/somewhere safe and making members aware of it? This is just more if you suddenly pass without updating on its location?

    • mr_vino89 on 25/03/2020 - 09:25

      Re: Super - yes can only nominate depends for Binding Death Nominations which includes, spouse, children, any person financially depedent of you and a person who is in a interdepedent relationship with you, or legal personal representative (i.e. payabe to your estate).
      If it is paid to your estate then your super gets distributed in accordance with your Will (if you have a Will) or pursuant to the rules of intestacy (where there is no Will) after payment of tax etc. Not always a good option if you anticipate people disputing your Will as your super is exposed to claims when it forms part of your estate.

      Re: public vault - I am not aware of public vault or registry which hold Wills. If you engage a law firm to prepare your Will, their office usually holds the original in their safe custody as part of their service. It is important to try and make the executor(s) aware who holds your original Will or where you have placed it in the event that you do pass away.

  • ihbh on 06/04/2020 - 10:12

    Have you seen a pick up in business over the last month or so?

    • mr_vino89 on 08/04/2020 - 20:08

      sorry for the late reply. I did in the last few weeks especially amongst the elederly who wanted to update their Wills and also business owners who have now managed to find time to get their Will done. Has been quiet this week as I think spending money on legals is a discretionary cost that alot of people may not want to spend at the moment.
      I am still seeing estate matters come through as usual though, people need estate administered when their family member passes away (non-coronavirus related deaths so far)

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