- Complete our Secure On Line Form to obtain a quote. (Obligation free)
- We will provide you with a quote and timeline to complete.
- Once you accept the Quote your Will/s and/or Power of Attorney/s shall be drafted.
- Once you have placed funds to cover the cost in our Trust Account then we shall organise a telephone conference where a Solicitor will provide you with specific advice as to the nature and effect of your document/s. You will then be forwarded the document/s with instructions, for you to execute (Sign).
- Minor amendments can be made at no additional cost.
- You can execute the document/s by attending our office or elsewhere, at your convenience.
- You may deposit the document/s at our office to be secured in our Safe.
Will & Power of Attorney
The preparation and planning of your will is a task often avoided.
It is natural to neglect talking to someone about family and assets should something happen to us. However, it is an incredibly important task and it is a task that our understanding team at Hodgson Lawyers will be able to assist you.
A succession plan must be in place that makes the transition easy not only for yourself but also for your family or employees and that minimises the chances of the business having to be sold up when you leave.
At Hodgson Lawyers, we offer one of the easiest and most cost-effective ways to prepare a valid will.
A simple will essentially appoints one or two persons as Executors of your Estate and distributes the Residuary of your Estate to your spouse and/or children.
A more complex Will involves Estate Planning, blended families, setting up trusts and excluding dependents. Estate planning goes beyond drafting a will – it includes:
- The assessment of assets
- Advice regarding the possibility of claims against the estate by third parties
- The protection of assets
- Estate planning is an active process of re-evaluating the estate when circumstances in life change, such as marriage, divorce, buying or selling of major assets such as your home or a change in business ownership.
A successful plan is made involving all family members as it will take into account not only provisions for your retirement income but also the plans, aptitudes and existing assets of younger generations.
If your wishes go beyond a simple Will then we suggest you start this process with a 30 minute free consultation.
YOUR WILL in a few easy steps
Book online a free 30 minute telephone consultation
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What is a Will
A will is a legal document that sets out your wishes regarding the distribution of your property.
To maximize the likelihood that your wishes are carried out, you want a will that is set out in writing, and signed by you and your witnesses.
If your will does not meet these standards, your instructions may not be carried out.
We will ensure that your Will is prepared in accordance with the requirements of the Succession Act 1981 (Qld)
At least one executor must be appointed in your will, who is responsible for managing your estate to its conclusion. They must ensure the contents of your will are followed exactly. Who you choose as an executor depends on your own personal preference. Some people choose to use the solicitor who made their will, whilst others may choose a trusted friend or family member. Ideally, you should appoint at least two executors.
The signing of your will ideally should be witnessed by two independent witness who are over the age of 18 and present at the time you signed the will. They should not be beneficiaries named in the Will.
Why do I need a will?
It’s essential you have a valid will in place prior to your death, in order to ensure your wishes are met.
Those who do not have a valid will are known to die ‘intestate’.
The term also applies where a will only specifies actions for part of an estate, with the remaining provision declared ‘intestate’.
In order for your will to be legally binding, it needs to be properly witnessed and signed. While you can use a template, it’s advised you discuss your requirements with a legal professional to ensure everything is as you wish. At Hodgson Lawyers we are experts in the legal process of making a will, so don’t hesitate to get in touch and we will be happy to assist you.
A concise will may also help your family avoid a lengthy probate process. The clearer your wishes, the simpler and swifter the process will be.
You can also use your will to disinherit any individual you do not wish to benefit from your death, with clear specification as to why.
Any new will and testament you make supersedes any previous versions and, once signed, revokes the contents of such.
Your last will and testament has no legal authority prior to your death.
What is the purpose of a will?
While the primary purpose of your last will and testament is to distribute any property you own in the event of your death, it may also legally specify a number of other provisions, including:
Ensuring your spouse or partner receives all your possessions. If this request is not clearly specified within your will, they may not automatically do so, which may lead to challenges or disputes of your will
Appointing a legal guardian for any children who are minors (classified as aged under 18) at the time of your death. This guardian can also be appointed to manage any inheritance your children may receive until they reach their majority
Appointing those you wish to manage any specific part of your estate
Specifying what you wish to happen to your property or possessions should your named beneficiaries die before you
Designating any specific bequests such as heirlooms or artwork, plus any charitable donations
Your specific funeral wishes, such as whether you wish to be buried or cremated and any ceremony-based requests
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A Power of Attorney
A Power of Attorney
General power of attorney
A general power is used to deal primarily with financial and legal matters, other than to exercise powers for personal matters as defined in the Act.
This type of power has no effect once a person becomes incapable. See section 18 of the Powers of Attorney Act 1998. It is often used when a principal expects to be absent from the jurisdiction for a particular period and wishes their attorney to deal with ongoing matters during the principal’s absence.
If the principal does not want the attorney to have unlimited powers, this can be provided in the form.
Enduring power of attorney
An enduring power is used to deal primarily with financial matters and/or personal matters for the principal who could lawfully do them if they had the capacity. Personal matters include health matters but do not include ‘special personal matters’ or ‘special health matters’. See Schedule 2 of the Powers of Attorney Act 1998.
A principal may only give a direction about a special health matter in an advance health directive. Alternatively, in particular circumstances the tribunal may consent to special health care. See section 68 of the Guardianship and Administration Act 2000.
The power may be limited, as indicated in the form.
If an attorney's power depends on the principal having impaired capacity, a person dealing with the attorney may ask for evidence, for example, a medical certificate to establish that the principal has the impaired capacity.
Section 29 of the Powers of Attorney Act provides for an attorney's eligibility for appointment.
The functions and duties of the attorney are set out in the Act as varied by the appointment.
General power of attorney
A general power is used to deal primarily with financial and legal matters, other than to exercise powers for personal matters as defined in the Act.
This type of power has no effect once a person becomes incapable. See section 18 of the Powers of Attorney Act 1998. It is often used when a principal expects to be absent from the jurisdiction for a particular period and wishes their attorney to deal with ongoing matters during the principal’s absence.
If the principal does not want the attorney to have unlimited powers, this can be provided in the form.
Enduring power of attorney
An enduring power is used to deal primarily with financial matters and/or personal matters for the principal who could lawfully do them if they had the capacity. Personal matters include health matters but do not include ‘special personal matters’ or ‘special health matters’. See Schedule 2 of the Powers of Attorney Act 1998.
A principal may only give a direction about a special health matter in an advance health directive. Alternatively, in particular circumstances the tribunal may consent to special health care. See section 68 of the Guardianship and Administration Act 2000.
The power may be limited, as indicated in the form.
If an attorney's power depends on the principal having impaired capacity, a person dealing with the attorney may ask for evidence, for example, a medical certificate to establish that the principal has the impaired capacity.
Section 29 of the Powers of Attorney Act provides for an attorney's eligibility for appointment.
The functions and duties of the attorney are set out in the Act as varied by the appointment.
What is the purpose of a Power of Attorney
A power might be prepared as a result of specific instructions for a specific reason such as to sell a particular property whilst the principal is overseas.
However, as a matter of good practice, when preparing powers of attorney they should be drawn as enduring powers of attorney thereby providing for the unforeseen circumstance that might see the principal unable through sickness or accident to run their own affairs. There is no need to have the attorney sign acceptance of the power until it is required for use and if kept with the principal's will there is no opportunity for misuse.
However, as a matter of good practice, when preparing powers of attorney they should be drawn as enduring powers of attorney thereby providing for the unforeseen circumstance that might see the principal unable through sickness or accident to run their own affairs. There is no need to have the attorney sign acceptance of the power until it is required for use and if kept with the principal's will there is no opportunity for misuse.
A power of attorney that does not restrict the authority of the attorney through specific conditions and limitations is considered to be a general power of attorney, and authorises the attorney to do any act that the principal is able to and does authorise, subject to restrictions that limit the things that a principal can lawfully authorise an attorney to do. Whilst each act to be performed by the attorney requires the principal’s authorisation, a third party dealing with the attorney will not be aware whether or not this authorisation has been given. The doctrine of ostensible authority will act to prevent the principal, as against a third party who deals with the attorney, from asserting that the attorney lacked the authority to deal in the manner that they did. This also applies to an enduring power of attorney which continues to be effective after the principal suffers a loss of mental capacity,
at which time the attorney must continue to act in the best interests of the principal even though unable to obtain authorisation from the principal.
A power of attorney that contains specific conditions and limitations is considered to be a limited power of attorney, and restricts the attorney’s authority to carrying out only the acts specifically listed within the power of attorney, subject again to restrictions that limit the things that a principal can lawfully authorise an attorney to do.
When appointing an attorney, a principal needs to consider closely the scope of the authority that they wish to give to their attorney, and recognise that a general power of attorney should only be given to an attorney such as a spouse, who can be trusted not to abuse or misapply such a wide authority.
What an attorney can’t do
Give consideration to the fact that, whilst an attorney can be authorised to do, on the principal’s behalf, almost anything the principal can lawfully do, an attorney cannot be authorised to carry out an unlawful act or do certain things. For example, an attorney cannot:
(a) vote for the principal;
(b) make decisions about the care or wellbeing of children, or about adoption or surrogacy or matrimonial/personal partner matters;
(c) make or revoke a will or power of attorney;
(d) manage the estate of the principal after their death.
This list is not exhaustive. Other laws might exclude an attorney from being able to attend to some other matters. For example, the respective terms of use of ‘digital assets’ such as email accounts, domain names and Facebook need to be carefully reviewed as many provide that only the principal, and not an attorney or anyone else, can access or manage them, and breach can entail committing a serious civil and/or criminal offence.
at which time the attorney must continue to act in the best interests of the principal even though unable to obtain authorisation from the principal.
A power of attorney that contains specific conditions and limitations is considered to be a limited power of attorney, and restricts the attorney’s authority to carrying out only the acts specifically listed within the power of attorney, subject again to restrictions that limit the things that a principal can lawfully authorise an attorney to do.
When appointing an attorney, a principal needs to consider closely the scope of the authority that they wish to give to their attorney, and recognise that a general power of attorney should only be given to an attorney such as a spouse, who can be trusted not to abuse or misapply such a wide authority.
What an attorney can’t do
Give consideration to the fact that, whilst an attorney can be authorised to do, on the principal’s behalf, almost anything the principal can lawfully do, an attorney cannot be authorised to carry out an unlawful act or do certain things. For example, an attorney cannot:
(a) vote for the principal;
(b) make decisions about the care or wellbeing of children, or about adoption or surrogacy or matrimonial/personal partner matters;
(c) make or revoke a will or power of attorney;
(d) manage the estate of the principal after their death.
This list is not exhaustive. Other laws might exclude an attorney from being able to attend to some other matters. For example, the respective terms of use of ‘digital assets’ such as email accounts, domain names and Facebook need to be carefully reviewed as many provide that only the principal, and not an attorney or anyone else, can access or manage them, and breach can entail committing a serious civil and/or criminal offence.
Diference between a Power of Attorney and an Enduring Power of Attorney.
A power of attorney will cease if the principal loses capacity.
An enduring power of attorney continues to have effect even after the principal loses capacity.
In order for the power to be an enduring power of attorney the instrument must express that it will continue after the principal lacks capacity
An enduring power of attorney continues to have effect even after the principal loses capacity.
In order for the power to be an enduring power of attorney the instrument must express that it will continue after the principal lacks capacity
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Child Safety & Protection Matters
We understand that as a parent you will be distressed in the knowledge that the Department of Child Safety have intervened into your parenting and removed or have threatened to remove your children from your care.
Our role as lawyers in this area of Law is to help you understand the process that you are involved in, the reasoning why Child Safety have taken the action that they have or are threatening to do and attempt to assist you in finding the quickest and shortest -path to having your Children back in your care.
When you engage us:
- We shall inform the Department of Child Safety that we act for you;
- Advise you generally with respect to your legal obligations, responsibilities and rights in the Court process;
- Attend mentions on your behalf;
- Attend the Family Group Meetings with you and speak on your behalf;
- Attend any Court Ordered Conferences and speak on your behalf;
- We shall provide you with legal advice as to the progress of your matter
- We shall request that the Department do all things necessary to commence an assessment of you as a parent ‘willing and able’ to care for the child/children;
- We shall request the Department to ensure regular personal contact to occur between you and your child/children until this matter is resolved.
- We shall request the department to provide us with details of their protective concerns and assist you in developing a strategy to defeat those concerns.
- Ultimately if the department is seeking any type of Order from the Court then it is available for you to oppose their application and we can assist you in preparing your paperwork for that process.
Child protection orders
Child protection orders are different to family violence orders, as they are made by the Childrens Court when a child needs protection.
There are several types of child protection orders:
All child protection orders have time limits on them. The aim is to return your child to your family if the need for protection can be resolved.
Case conferencing
We can discuss your case on your behalf with the Department of Child Safety in order to negotiate the best possible outcome for you. Call us on 07 3818 4056.
If you wish to oppose the Order the Court will order you to have a conference with the Department of Child Safety in an effort to resolve the matter without the need for going to trial. We can represent you at that conference.
Book online a 30 minute free telephone consultation to see if we can help.
Preliminary temporary orders
The Department may apply for a 3-day temporary assessment order or a 28 Day Care Assessment Order (CAO). These are preliminary Orders that the Department may obtain to evaluate whether a child needs protection.
There is little you can do to contest the 3 day temporary assessment order however a 28 day CAO can be contested dependent on whether the Department are seeking custody orders or investigative orders.
Directive order
an order that directs a parent to do or refrain from doing something related to the child's protection, or directs a parent not to have contact or to have only supervised contact with the child. A directive order must not be for more than one year.
Supervision order
an order that requires the chief executive (Director-General) to supervise the child's protection in relation to the matters stated in the order. A supervision order must not be for more than one year.
Short term custody orders
an order that a relative or the department have day-to-day care of your child for no more than two years.
Short term guardianship order
Short-term guardianship to the Chief executive
Long term Guardianship Orders
Long term guardianship to the to a suitable member of the child's family, a suitable person or the chief executive
Magistrates Court
Call us to discuss your options when having to appear in the Magistrates Court. We can attend for mentions, Court Ordered Conferences and represent you in any subsequent trials. Call us on 07 3818 4056.
This is an information sheet for parents to provide an understanding of the legal process they are now part of.
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A guide to Family Law Parenting isues. Published by the Family Court of Australia
Relationships Australia is a leading provider of relationship support services for individuals, families and communities. They aim to support all people in Australia to achieve positive and respectful relationships.
They are a community-based, not-for-profit Australian organisation with no religious affiliations. Their services are for all members of the community, regardless of religious belief, age, gender, sexual orientation, lifestyle choice, cultural background or economic circumstances.
They offer services around the country that include counselling, family dispute resolution (mediation) and a range of family and community support and education programs.
They are a federation of service providers in each Australian state and territory and have a national office based in Canberra.
They are a community-based, not-for-profit Australian organisation with no religious affiliations. Their services are for all members of the community, regardless of religious belief, age, gender, sexual orientation, lifestyle choice, cultural background or economic circumstances.
They offer services around the country that include counselling, family dispute resolution (mediation) and a range of family and community support and education programs.
They are a federation of service providers in each Australian state and territory and have a national office based in Canberra.
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Traffic Law
The team at Hodgson Lawyers have represented many clients facing traffic matters.
Whether you’ve been caught drink driving; driving on a suspended or disqualified licence; or been charged with careless or dangerous driving – we can help.
Our lawyers will also help give you the best chance at acquiring a Restricted Work License or Special Hardship Order.
We understand how important your licence is to your job; your family; and your freedom.
We will investigate your case; help prepare you for your Court appearance; and argue strongly on your behalf for the best outcome.
Scroll down for further information.
Drink Driving
Drink-Driving Offences (DUI): Novice-range drink-driving offences, special-range drink-driving offences, low-range PCA, mid-range PCA, high-range PCA, and drink-driving penalties. We can help. Call us on 38184056 or request a call back now.
Serious Traffic Offences
Serious Driving Offences: including dangerous driving, negligent driving, reckless driving, drug driving or predatory driving. We can help. Call us on 3818 4056 and book yourself in for an initial consultation.
Careless driving
This is quite a serious charge and you run the risk of losing your licence. Call us on 3818 4056 and book yourself in for an initial consultation. We can help.
Special Hardship Licences
If you have lost your licence through suspensing and/or loss of demerit points you may be entitled to apply for a Special Hardship licence. This will enable you to drive to and from and at work, depending on your circumstances. We can help you put together the application. Call us on 3818 4056 to book an Initial Consultation to discuss your options.
Book online a 30 minute free telephone consultation.
Losing your licence is a distressing event particularly when you are dependant on it for your income or caring for a love one.
We can help.
Drug driving
Have you been charged with driving whilst under the influence of drugs. Call us on 3818 4056 and book an appointment as we can discuss your options with defending the charge or your sentencing options. You may also be entitled to apply for a Restericted Work licence.
Speeding fines, traffic camera offences, traffic violations and hooning offences
There are times when you can defend these charges. Call us on 3818 4056 and book yourself in for an initial consultation.
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Case conferencing
We can discuss your case on your behalf with the prosecutors and Police in order to negotiate the best possible outcome for you. Call us on 07 3818 4056 and book yourself in for an Initial Consultation.
Restricted work licences
If you have been convicted of a drink driving offence then you will lose your drivers licence. It ius a mandatory suspension. You may qualify for a restricted Work Licence. We can assist you with the paperwork. Call us on 3818 4056 and book yourself in for an initial consultation.
Bail applications
Serious Traffic matter? Bail refused or objected to by the Police? Find out what to expect when applying for bail. If you have been bail refused you need to rely on a friend or loved one to organise someone to help you with bail. If you have no one to help you then there are Legal Aid Duty Lawyers who will visit the Prison so make some enquires there. Otherwise have your friend or loved ones call us on 07 3818 4056 and we shall organise a prison visit.
When you appear in Court it is desirable to have a character reference which can be handed to the Magistrate during sentencing. This guide will assist you with the type of information that is expected and helpful. (Published by Hodgson Lawyers)
Find out what you need to put in an application for a Special Hardship Licence. ( published by Legal Aid Queensland.)
Read here about what you have to do to get a Restricted Work Licence. (Published by Legal Aid Queensland. )
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An alcohol ignition interlock is a breath test device linked to the ignition system of a vehicle. The interlock is designed to prevent a vehicle from starting if the driver’s blood alcohol content (BAC) exceeds zero. The ignition interlock is designed to deter and prevent convicted drink drivers from operating their vehicles under the influence of alcohol. (Published by the Queensland Government)
This guide can help you if you’ve been charged with an offence and you need to appear before a magistrates court in Queensland. (published by Legal Aid Queensland)
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The Department of Transport and Main Roads is a department of the Queensland Government, formed in April 2009 with the merger of the Queensland Transport and the Department of Main Roads
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Criminal Law
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You don’t need us to tell you how stressful buying and selling a house is. Let us help you.
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