Wills & Succession

What Is A Will

A Will is one of the most important legal documents you will ever sign and have prepared in your lifetime. Your Will states your intentions of what is to happen after your death in respect of all types of assets as well as guardianship of children as well as disposal of your body whether burial or cremation. 

Our Wills and Estates team will ensure that the right assets are distributed to the right people at the right time.

A Will also appoints somebody (known as your Executor and Trustee) to carry out your wishes as contained within your Will.

In order for your Will to be a valid Will, it must be in writing and signed by you in the presence of two adult (being 18 years of older) witnesses who must also be present at the time of signing your Will. Separately neither of the two witnesses can be beneficiaries under your Will. If these careful processes are not carried out then your Will is at the risk of being invalid.

Who should have a Will and when should it be updated?

If you are over the 18 year of age we recommend that you have a Will.

Your Will should be reviewed every two years or when a life changing event (since your last will) has occurred such as:

  • You have married;
  • You are now in a de facto relationship;
  • You have had children;
  • If you wish to appoint a guardian to your children;
  • One of your beneficiaries has died;
  • If one of your Executors has died;
  • If one of your Executors is unable or unwilling to act;
  • You have divorced;
  • If assets have significantly increased or decreased; or
  • You have acquired specific assets that you wish to leave.

    What if I die without a Will?

    If you die without making a will (or having a valid will) you are known to die intestate. The outcome of dying intestate can be very onerous on your family and loved ones and can be very costly. This can simply be avoided by having a valid will prepared on your behalf.

    QC Law can assist you in succession planning.

    We can advise across a wide range of areas including testamentary and bloodline trusts to ensure that your estate remains well protected within your family

    We are also highly experienced in estate administration. We can assist executors in obtaining grans of probate and to distributed deceased estates.

    We are also experienced in other areas of estate administration. For instance when a person dies intestate, we can assist in obtaining a grant of letters of administration, so that the deceased persons estate can be distributed according to the priorities contained in the Succession Act.

    We are also able to assist people require further provision from a deceased estate. We are highly experienced in negotiating these matters and also in conducting litigation before the Supreme Court for the provision of a person from the estate of a deceased family member.