Arbon Legal Group
Wills & Estates Law

Making a Will

Don’t leave it to chance. We can help prepare your Will that reflects your intentions.

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Making a Will?

We’re here to help with all of your Wills and Estate Planning needs.

All about

Making a Will

Making a Will may be a straightforward legal process, but it involves making some important decisions. A properly drawn Will can help make things easier for your loved ones when you pass away and let’s you decide who gets your property when you’re no longer around.

If there’s no Will when someone dies then it can be very difficult and expensive to sort out what happens to all of your assets, who gets the things most precious to you and even who is to look after your children.

By engaging Arbon Legal Group you’ll have certainty that a qualified lawyer will prepare your Will.

We can help prepare a Will for you that will answer these questions and save your loved ones a lot of heartache when the time comes.

Whether your financial affairs are simple or complex it is important to make sure your Will is drawn up by a legal professional. Cutting corners now often leads to complications later on. Using a lawyer to prepare your Will can give you peace of mind that your affairs will be dealt with as you want.

A few facts about Wills

In Queensland the legal requirements of a Will are set out in the Succession Act 1981. Some key points include:

  • Unless ordered by a Court a person making a Will must be an adult. Children may in rare circumstances make a Will.
  • The person making the Will – a Testator or Testatrix – must have legal capacity. This means they must understand the nature and effect of their Will. If there is any doubt about a person’s ability to understand then any Will they make might be subject toa later challenge.
  • A Will must be in writing.
  • A Will must be signed by the person making the Will in the presence of at least 2 witnesses who must also sign. But be careful, if a witness to a Will is also named as a beneficiary, then they will probably lose their rights to that gift.

Decisions you’ll need to make when making a Will

You’ll need to decide who you would like as your Executor (or Executors). This should be someone you trust and who you think will be capable of dealing with your Estate. Unlike a witness, your Executor can also be a beneficiary. Your Executor is often appointed as your Trustee too which means they can hold property on your behalf in order to carry out your wishes.

You’ll need to decide who you want to leave your property to. These people will be your beneficiaries. Often these will be your loved family and friends although you may also choose to leave gifts to charities or other causes close to your heart.

If you have young children, then you might wish to appoint a guardian or guardians to look after them. Naturally close family and friends are usually the most suitable for this role.

Keep your Will up to date and in a safe place

Life is about change. Remember to keep your Will updated in case your wishes change. In some cases, a change in life, e.g. a divorce, can revoke your Will. Always get legal advice if you are unsure.

Look after your Will. We recommend that your Will and other important documents be kept in a safe place. Our firm keeps original documents including Wills for many of our clients.

Get started today

To get started with making your Will call us today on 07 5562 0444 or use our online Wills service by clicking here.

Wills

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.

Arbon 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 Arbon Legal Group on 07 5562 0444 or email admin@arbonlegal.com.au.

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