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As in the rest of Australia, in Brisbane, a Will and Testament is a legal document wherein a person, known as a testator, specifies how their estate (such as property and personal belongings) should be distributed after their death. It can also include directives concerning the guardianship of any minor children. In order for a Will to be valid in Brisbane, it must be written and signed by the Testator and witnessed by two people over the age of 18.
Creating a Will can be a complex process, especially when dealing with large estates, complicated family situations, or tax considerations. A lawyer specialized in Will & Testament law can ensure that your Will complies with Australian law and truly represents your wishes. For those contesting a Will, being named an executor, or dealing with a probate process, a lawyer can provide crucial guidance and support.
In Brisbane, the law stipulates that any person over the age of 18 and of sound mind can create a Will. Any assets held in joint names usually pass to the surviving owner, regardless of the Will's contents. Also, only specifically identified beneficiaries can contest a Will - usually spouses, children, or dependent individuals. One unique aspect of Queensland law is the ability to include "life interests" in a Will, meaning you can enable a person to benefit from your estate for their lifetime.
1. Can I write my Will by myself?
Yes, you can technically write your own Will. However, for it to be legally valid, it must adhere to stringent requirements. Mistakes can lead to the Will being contested or declared invalid.
2. What happens if I die without a Will?
If you die without a Will (intestate), your estate will be distributed according to the laws of intestacy in Queensland.
3. Can I change my Will after it's created?
Yes, you can update your Will as your circumstances change. It's recommended to review it every few years or after major life events.
4. Can an executor be a beneficiary?
Yes, in Queensland, an executor can also be a beneficiary of the Will.
5. What is a living Will?
A living Will, or advance health directive, outlines your wishes for medical care should you become unable to make decisions for yourself.
The Queensland Law Handbook is a comprehensive and practical guide to legal issues, including Wills and Estates. The Public Trustee of Queensland is another source of information and provides free Will-making services to residents. The Queensland Courts' website also has guides on probate and estate administration.
If you require professional advice, look for a suitably qualified lawyer specializing in Wills and Testaments. When meeting with your lawyer, come prepared with a list of your assets, your intended beneficiaries, and any questions you might have. Remember, it’s never too early to start planning your estate to ensure your loved ones’ future.
