Daily Archives: August 7, 2012

Tips for Creating a Queensland Will

When you are looking for a Mt Gravatt solicitor to visit in order to draft your will, there are some points you should consider before you book a time for your appointment.

Firstly, it’s in everybody’s interests that the drafting and execution processes associated with forming a legally binding will proceed as efficiently as possible. The main way you can achieve this is by ensuring that you have prepared everything in advance so that your lawyer can easily ascertain your intentions and convert them into a will.

Here are some hints and tips for you to make the process of forming a will in Queensland easier:

  1. Create a list that explains who the beneficiaries are and in particular their relationship to you (e.g. daughter, sister, spouse etc).
  2. Compile documentation to do with any property you own so that your solicitor can include real property descriptions in the will rather than street addresses.
  3. Check that you are providing your lawyer with current information to do with your company by conducting a search with ASIC prior to your consultation.
  4. Find the details of your life insurance policy so that your lawyer can put these on file with your will (if you are storing it in safe custody with your solicitor) – this will make life easier for your executors when it comes time to manage your affairs.
  5. Draw a diagram of your assets and liabilities and who owns what and what will go to whom so that your lawyer can see much more easily what your testamentary intentions are.

Importantly, remember that there is legislation that will make it possible for people to challenge your will in certain circumstances, so it is critical that you obtain legal advice to ensure that if this does happen, your will is likely to stand up to the challenge. A key way to do this is to make sure your will provides for people who may make what is known as a family provision claim.

Finally, avoid using DIY will kits. Although these are usually as valid as a will drafted by a qualified Australian Legal Practitioner (solicitor), you don’t get the face to face question & answer session that a lawyer will provide for you. It is this quizzing of your legal affairs that may prompt you to remember something you previously wanted to include in your will or that may prevent you from making a mistake.

If you would like to come and see us at Hall & Co Solicitors, we have plenty of free parking surrounded by gardens with a view of picturesque Mt Gravatt. Our office is located in the heritage listed building at the top of the Mount Gravatt Showgrounds – simply look for our signs once you have come into the main showgrounds gate off Logan Road.