Wills and Estates

Making Your Will is a Phone Call Away

If you are over 18 years old in Queensland and do not have a will, your assets will be distributed in accordance with the law of intestacy, which may not be in line with your wishes.

The benefits include (but are not limited to):

  • Your loved ones know your wishes reducing burden and stress of interpretation
  • You reduce the chance of a dispute over your estate
  • You save costs and time on distribution of your estate, allowing more for your loved ones

You have the choice to do something and do it well by updating or making your Will with Sinnamon Lawyers, particularly when you experience a change in:

  • Finances (including receiving compensation from an accident or experiencing financial hardship)
  • Relationship (including marriage, divorce, or separation, including de-facto or registered relationships); and/or
  • Family status (including having children, stepchildren or adoption)

Make Your Enduring or General Power of Attorney

A will is a document that comes into effect once you passed. An Enduring Power Attorney comes into effect while you’re still alive but have lost the capacity to make financial and/or personal/health decisions.

In some ways, nominating a Power of Attorney is more important than a Will.

We never know what is around the corner. A loss of capacity could happen at any time through accident, injury, illness, age or otherwise in a person’s life and this loss may be temporary or permanent.

A General Power of Attorney is limited to financial matters for a period of time or an event and ceases to take effect when you lose capacity.

An Enduring Power of Attorney takes effect after you lose capacity.

If one day you lose capacity, you need someone you can trust to make your financial and/or personal/health decisions for you.

A financial attorney can perform a range of duties including:

  • Pay your bills
  • Prepare your tax returns
  • Manage your business or investments

A personal/health attorney can decide:

  • Health and medical decisions, including treatment options and medicine
  • Where you live and with whom
  • Your day-to-day care, needs and recreational activities

An appointed attorney is accountable for their actions.

You have opportunity nominate more than one attorney to manage your affairs, specify what powers they have and when your Attorney’s powers begin in your Power of Attorney.

You can also revoke your Power of Attorney at any time as long as you have the capacity to do so.

Sinnamon Lawyers can make or revoke your Powers of Attorney for a competitive fee.

Contest a Will – Family Provision Application

You can contest a will in Queensland if there are good reasons based upon several factors.

People eligible to contest a will include a:

  • Spouse (including married, de-facto or registered relationship)
  • Child (including natural, adopted or stepchildren)
  • Dependent (means a person wholly or substantially maintained or supported financially or otherwise by the deceased at the time of their death)

Dependant could mean:

  • A parent of the deceased;
  • The parent of the surviving child under 18 years; or
  • A child under 18 years and/or under a legal disability

Due to strict time limitations, it’s important you act quickly.

The executor must be notified of a person’s intention to bring a claim within 6 months from the date of death.

Court proceedings must then commence within 9 months from the date of death.

If you believe:

  • The Will was grossly unfair
  • The deceased was forced or influenced into making the will
  • The financial needs of family members weren’t considered in the will
  • The deceased did not have a capacity to understand the will they were making

Contact Sinnamon Lawyers Today

We have the timing and uncompromising expertise to handle your Wills and Estates claim.

Get A Free Claim Assessment Today

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