Affinity Lawyers | Wills & Asset Protection
Boutique law firm Affinity Lawyers on the Gold Coast have a dedicated professional and experienced team in place who are ready to assist our clients with their estate planning and asset protection needs, as well as drafting wills and testamentary trusts.
As you would appreciate, a will or testamentary trust needs to be as comprehensive and thoroughly reflective of your instructions in order to minimise adverse claims which may be made against your estate. Further, the drafting of a will or testamentary trust must be done in a very precise manner to ensure that there are no errors, or any other issues which may affect the validity of your will.
If you have a concise, up to date will in place upon your passing it will also assist with having your estate administered efficiently and quickly, which will be beneficial for your executors, and in turn and minimise the cost to the estate, meaning more is left for your chosen beneficiaries.
We have written some previous articles on the importance of estate planning and wills, so please take the time to have a read through these at your leisure, we will be regularly updating these links to other articles so please bookmark this page and check back often:
Affinity Lawyers experienced and professional wills & estates team on the Gold Coast provide a range of services in this area, including but not limited to:
- Testamentary Trusts
- Superannuation advice
- Enduring Power of Attorney
- Advanced health directives
- Estate plans
- Administration and estate disputes and litigation
We have provided some brief circumstances below which may indicate that it is time to review your estate structure and will:
Whether you are marrying for the first, second or third time, marriage generally invalidates your Will unless your Will clearly indicates that it is made in contemplation of that marriage. If your Will was not made in contemplation of marriage, you and your spouse should make new Wills as soon as possible after you are married to ensure that your will accurately reflects your circumstances, wishes and beneficiaries.
During the last decade there have been a number of legislative changes implemented which formally recognise the rights of partners to a domestic relationship, whether they be heterosexual or homosexual. However, it is still important to remember that if you die without a Will then, under the Act, your partner will not be entitled to benefit from your estate unless the two of you have lived together for a continuous period of two years immediately before your death, or if you have a child together.
If you have not lived together for a continuous period of at least two years, and you do not have a child together, but you intend that your partner be the beneficiary to part or all of your estate, then you need a valid Will to protect your partner’s interests and this is something that our experienced lawyers can assist you in drafting to ensure your partner is protected.
Regardless of whether you have biological children, adopted children, step-children, or even if you have grandchildren, these can all effect how your estate is distributed after your passing.
Sometimes, there may be circumstances where you wish to exclude a child or step-child from your will.
All of these circumstances require professional legal advice when drafting your will to ensure that it is tailored to your specific circumstances, and to ensure your wishes are able to be carried out (as best they can be in accordance with the law).
We have previously written some important articles about this, links below if you would like to read further:
It is strongly recommended that you seek legal advice regarding your obligations to your children after your death, especially children under the age of 18 years old.
If you have separated from your former partner or spouse, you should make a new Will as soon as possible. Unlike divorce, separation does not automatically invalidate the provisions of your Will that relate to your former partner/spouse. This means that, in the absence of a new Will, your former partner/spouse may be entitled to benefit under your estate even if you do not wish this to occur.
Upon divorce, any provision in your Will that relates to your former spouse becomes invalid. You should therefore make a new Will.
You should also ensure that after separation or divorce, you contact your superannuation fund to make or change your binding death benefit nomination.
Some articles we have written on this topic are provided below for your convenience: