Wills & Estate Planning Mackay
Your Leading Wills and Estates Lawyers
What is Wills and Estates?
Wills and Estates is an area of law, which people don’t often think about. It includes documents, such as Wills and Powers of Attorney that become important only when people become ill or pass away.
The Solicitors at Macrossan & Amiet specialise in drafting these documents in our Wills and Estates Practice, giving clients full control over their assets and the important decisions made on their behalf.
Why will and estate planning is important?
Will and estate planning is incredibly important as it ensures that you have a say over your assets and estate and what will happen to it after you pass away. If you die without a will, your estate and belongings can be distributed in a way that you would not have intended when you were living. The only way to ensure that your estate is distributed as you want is to have an up-to-date will detailing your final wishes.
What is a will?
A last will and testament, commonly referred to as a will, is a legal document that indicates how an individual wants their estate to be handled after they have passed away. A will details important information such as any beneficiaries and states what they will receive from the deceased’s property. It can also detail any stipulations that may apply to the beneficiaries such as how and when they receive their portions.
A will helps to coordinate the distribution of the deceased’s assets and can also appoint guardians of any minors that may be left behind. In short, a will is extremely important to have as it is your way of communicating your wishes.
What is an estate?
An estate is the property, belongings, money, cars, real estate and any other belongings that are owned by someone. A deceased estate becomes particularly important when the estate must be allocated or divided up after an individual has passed away.
Can a will be challenged or contested?
In the distribution of a deceased estate, there is the chance that beneficiaries or members of the family may feel that they have been inaccurately or unfairly treated. They can choose to challenge the will if this is the case. Examples of reasons that a will may be contested include: if a beneficiary feels that assets have been unfairly distributed; if they believe the deceased was not of a sound mind to write a legally binding will; if two wills are presented that illustrate the differing distribution of assets.
How we can assist in preparing your will and estate
As professional wills and estate experts, the solicitors at Macrossan and Amiet specialise in the drafting of wills, giving our clients full control over their estates even after death. Being able to provide this control early on is especially important as it ensures that many important decisions are completed for our clients.
Call Our Wills & Estates Professionals Today
It’s never too early to organise your own will and make decisions about the distribution of your estate. In the event that something were to happen, a will is an important legal document that can ensure that your assets and estate are distributed as you would prefer.
If you need to organise a will for your own estate or you would like to update an existing will as your circumstances have changed, contact our solicitors at Macrossan and Amiet. With our specialist team providing you with years of experience, you can have the peace of mind that your estate has been organised and your will is up to date.
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How the Process Works
1
Initial
Consultation
We begin by understanding your situation, reviewing relevant documents and identifying your objectives. You’ll receive clear, practical advice about your options and the best way forward.
2
Strategy &
Preparation
We begin by understanding your situation, reviewing relevant documents and identifying your objectives. You’ll receive clear, practical advice about your options and the best way forward.
3
Representation &
Action
We act on your behalf, whether that involves negotiations, formal applications, dispute resolution or court appearances, ensuring your interests are protected at every stage.
4
Resolution & Next
Steps
We work toward a timely and practical resolution. Once your matter is finalised, we provide guidance on any follow-up steps to protect your ongoing legal and commercial position.
why choose us for your next Wills & Estate Planning Mackay matter
Experienced Team of Leading Lawyers
Our solicitors bring experience across a broad range of practice areas, allowing us to deliver informed, strategic advice tailored to each client’s situation.
Outcome-focused approach
We focus on achieving practical, cost-effective outcomes, whether through negotiation, structured advice or court representation.
Clear, Upfront Communication
We provide honest advice about your options, risks and costs so you can make informed decisions with confidence.
FAQs
What is a deceased estate?
A deceased estate comprises all the assets and liabilities left behind by a person who has passed away. This may include property, bank accounts, shares, personal belongings, and any outstanding debts. The estate is managed and distributed according to the deceased’s will or, if there is no will, in accordance with the laws of intestacy.
What is the role of an executor in a deceased estate?
An executor is the person appointed in a will to administer the deceased’s estate. Their responsibilities include collecting assets, paying debts and taxes, and distributing the remaining assets to beneficiaries as specified in the will. Executors have a legal duty to act in the best interests of the estate and its beneficiaries.
What happens if someone dies without a will?
If a person dies without a valid will, they are said to have died intestate. In such cases, the estate is distributed according to the intestacy laws of the relevant state or territory. Typically, this means the estate will be distributed to the deceased’s next of kin, such as their spouse, children, or other relatives. An application to the Supreme Court of Queensland may need to be made for Letters of Administration to allow the estate to be administered.
How long does it take to finalise a deceased estate?
The time required to finalise a deceased estate varies depending on its complexity and the steps required. Factors such as the size of the estate, the number of beneficiaries, the presence of disputes, and the need to obtain probate can all affect the timeline. On average, it may take several months to over a year to complete the process.
What is a will, and why is it important?
A will is a legal document that sets out a person’s wishes regarding the distribution of their assets after their death. It also allows them to appoint an executor to manage their estate. Having a valid will ensures that your assets are distributed according to your wishes and can help minimise disputes among family members.
Who can make a will?
In Australia, any person aged 18 or older who has the mental capacity to understand the nature and effect of a will can make one. In certain circumstances, individuals under 18 may also make a will, such as if they are married or have court approval.
How often should I update my will?
It is advisable to review and update your will whenever there are significant changes in your life, such as marriage, divorce, the birth of children, or acquiring substantial assets. Regular reviews ensure that your will remains current and reflects your wishes.
Can I write my own will?
While it is possible to write your own will, it is strongly recommended to seek legal advice to ensure the document is valid and accurately reflects your intentions. Errors or omissions in a DIY will can lead to disputes or complications during the administration of your estate which can lead to significant costs being incurred.
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