Arbon Legal Group
Wills & Estates Law

Estate Planning

Take steps to make your Estate Plan now to make sure your legacy is protected.

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Estate Planning

We provide assistance for a range of matters relating to your Estate Planning needs.
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Estate Planning

Estate planning is the process of structuring your assets and liabilities so that they are left in an organised and deliberate manner to your loved ones, and to the exclusion of others.

There is a rise in complex estate disputes due to several social issues including:

  • The statistic that one in two Australians die without a valid Will;
  • An increase in blended families;
  • Rising property prices;
  • Financial pressures;
  • An increase in access to information on legal rights; and
  • The growth of stock standard do-it-yourself Will kits.

A small, seemingly insignificant requirement can sometimes invalidate a Will, such as:

  • not having a second witness
  • signing in the wrong place
  • tampering with the original document, e.g. re-stapling

If there are problems with the validity of a Will a Court can make orders to rectify the problem but that is an expensive and uncertain process. It is much better for your Will to be prepared professionally and to avoid the risk altogether.

Some mistakes we see:

  • Leaving someone out of a Will;
  • Not making appropriate power of attorney arrangements;
  • Thinking an estate is too small for an estate plan;
  • Leaving it until ‘later’;
  • Being too specific;
  • Ignoring tax implications;
  • Not updating a will; and
  • Not having an estate plan.

If you want to ensure that your assets are purposefully and deliberately handed down to certain people without the need for litigation or excess legal fees, you will save your estate and those you love thousands of dollars by having an appropriate Will and Enduring Power of Attorney.


There are several types of Wills that people sign according to their circumstances:

  • Wills for married couples with legacy terms that typically mirror each other;
  • Single people generally sign a Will that is their own and not dependant on another;
  • De-facto partners may make a Will that leaves their estate to their partner, despite not being married at the time; and
  • Testamentary Wills are for people who want to ensure their assets are protected from any claims made against their beneficiaries.

Contract to Make a Will

We may recommend people to with a blended family that they enter into a Contract to Make a Will

They may be appropriate in situations where two people leave their estates to their partner, and then their collective children from previous relationships in equal shares. As you would expect, if one of those people dies prematurely, the surviving person would receive the deceased’s estate to hold and distribute to the deceased’s children after they pass. However, the surviving partner might re-partner in their lifetime. Without a Contract to Will, the surviving partner could change the Will to give everything to their new partner, and the inheritance left for the deceased’s children would be re-directed to a new family.

A Contract to Make a Will is a document that is intended to ensure that once the Will is signed, the surviving partner cannot change their Will to suit a potential future partner. Once the Wills are signed, they cannot be changed again unless both people agree to make those changes.

Having the right Will in place is important to give you, and your loved ones, peace of mind. At Clarity Legal Group our team are highly experienced in Wills and Estates. We can guide you through the process and help you to achieve the best outcome for you and your family.

Contact us today on 07 5562 0444 or send an email to or you can get started online by clicking here.

Estate Planning

Frequently asked questions

A divorce is a Court Order that severs your marriage.

You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.

  1. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).
  2. There must be no reasonable likelihood of resuming married life.

It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

Once a divorce has been obtained, you have 12 months to finalise a property settlement.

There is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.

You can only dispute the divorce where:

  1. it has been less than 12 months since separation; or
  2. it is filed in the wrong state or Courthouse.

You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.

✘ NO – If there are no children under the age of 18.

✘ NO – if there are children under the age of 18 and you have made a joint application.

 YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

A divorce order takes effect one month and one day after the divorce is granted.

It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.

You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.

Clarity Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Clarity Legal Group on 07 5562 0444 or email

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