Wills & Powers of Attorney
Secure Your Family Assets in Less Than 10 Minutes.
Wills & Power of Attorney Legal Assistance
Secure your assets legally and ensure your family is going to benefit.
It is important for you to use a legal professional to create your will, laws can be complex and the consequences of a incorrectly created will can be massively detrimental to your family.
Get in contact with us below and start the process to professionally prepare a will that will legal protect your assets and your family with us.
Wills & Power of Attorney Legal Assistance
Secure your assets legally and ensure your family is going to benefit.
It is important for you to use a legal professional to create your will, laws can be complex and the consequences of a incorrectly created will can be massively detrimental to your family.
Get in contact with us below and start the process to professionally prepare a will that will legal protect your assets and your family with us.
“We will tell you what you need to know which may not be what you want to hear but it will put you on the best path to achieve your aims.”
John O’Byrne, Principal Solicitor.
The Importance of Your Will
Creating a Will goes beyond mere legal stipulations—it’s a pivotal step towards achieving peace of mind and safeguarding your family’s future. With a comprehensive and updated Will, you can be confident that your final wishes will be respected. For those with minor children, a Will empowers you to nominate guardians aligned with your values, ensuring your children’s best interests are at the forefront.
Crafting a Will also acts as a preventative measure against potential familial conflicts. By articulating your desires and designating asset distribution, you minimize the likelihood of disputes after your passing.
Though there’s a nominal initial cost to draft a Will, view it as a prudent investment in protecting your Estate. In the absence of a recent and valid Will, your Estate might encounter complexities, possibly leading to financial and emotional strain for your loved ones.
What an Experienced Lawyer Will Do For You
Experienced Lawyers will offer invaluable assistance when it comes to organizing your final wishes. Here’s what they can bring to the table for someone like you, eyeing to have their will meticulously prepared:
Drafting a Comprehensive Will: An Estate Lawyer can help you craft a will that clearly outlines your wishes, ensuring that your assets are distributed according to your preferences.
Integrated Asset Management: They can assist in devising strategies that combine personal assets, trust structures, and superannuation benefits for optimal distribution and protection.
Asset Protection Strategies: Estate Lawyers can guide you on tools like family trusts and joint tenancy, which can prevent certain assets from undergoing the probate process.
Enduring Power of Attorney: This is essential for Queensland residents. An Estate Lawyer can assist you in setting up an Enduring Power of Attorney, ensuring that if you become incapacitated, decisions about your personal and financial matters are made by a trusted individual.
Tax Strategy: Navigating the tax implications in Queensland can be complex. An experienced lawyer can provide guidance on potential tax liabilities, including capital gains tax, especially concerning the transfer of assets after death.
Balancing Beneficiary Rights: They can help balance the rights of various beneficiaries, ensuring that both income and capital are distributed fairly among them.
Here at Hodgson Lawyers, we have a dedicated legal specialists offering these services to you.
Understanding Powers of Attorney
In Queensland, Australia, a Power of Attorney is a legal document that gives someone else the authority to make decisions on your behalf. These decisions can relate to personal and health matters, financial matters, or both. The person granting this authority is referred to as the “principal”, and the person receiving the authority is the “attorney”.
There are two main types of Powers of Attorney in Queensland:
- General Power of Attorney:
- This grants someone the authority to make financial decisions on your behalf.
- It’s typically used for a specified period or event, like if you’re going overseas and need someone to manage your finances while you’re away.
- It becomes invalid if the principal loses the capacity to make decisions.
- Enduring Power of Attorney (EPOA):
- This allows your attorney to make decisions for you regarding personal, health, and/or financial matters.
- Unlike the general version, an EPOA continues even if you lose the capacity to make your own decisions. This makes it especially important in scenarios where individuals might be anticipating declining health or mental capacity.
- You can specify when the EPOA becomes active – either immediately upon signing, at a specified future time, or once you’re deemed incapable of making decisions for yourself.
- You can also provide specific guidance or impose limitations on the decisions your attorney can make.
It’s crucial to remember that an attorney must always act in the best interests of the principal. They must also ensure they don’t benefit personally from any decision they make unless it’s specifically allowed in the Power of Attorney document.
Powers of Attorneys Process With Us
1. Initial Consultation
You'll first have a meeting with a solicitor or lawyer to discuss your specific needs and intentions. The lawyer will explain the different types of PoA, their implications, and answer any questions you might have.
2. Choosing an Attorney
You'll need to decide whom you trust to act as your attorney. This can be a family member, friend, or professional. Your lawyer will help you understand the responsibilities and duties of an attorney to assist you in making an informed decision.
3. Drafting the Document
Based on your instructions and preferences, the lawyer will draft the PoA document. This draft will outline the powers you're granting, any limitations or conditions you'd like to impose, and when the powers will come into effect.
4. Review
You'll be given the opportunity to review the drafted PoA. It's crucial to ensure that it reflects your wishes accurately. Any necessary changes or revisions will be made during this stage.
5. Signing & Witnessing
Once you're satisfied with the document, you'll need to sign it. In Queensland, certain types of PoA (like an Enduring Power of Attorney) require witnessing by a qualified person, such as a solicitor, justice of the peace, or a commissioner for declarations. Your law firm will usually handle these formalities.
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Services For You:
New & Existing Wills
Challenging a Will
Powers of Attorney
Probate
Estate Management
Executor Duties
What You Can Expect From Us:
Honesty & Trust
We pride ourselves on being an ethical law firm. We take our position of trust very seriously in regards to your situation.
We understand your position and you can trust us to lead your legal journey to get you the best result possible.
Easy to Understand
We understand how confusing the legal system can be.
Therefore, we ensure you understand your position, what is required and the path forward in each step through your legal journey.
Professional Guidance
With over 20 years experience in the Queensland legal system, there is no case we have not worked on.
Rest assured that whatever you are going through, we have the experience and knowledge to professionally help you.
Personalised For You
Our team work hard and value creating an ongoing relationship with you through regular meetings and exceeding your needs. We value a positive experience for you right through the process and delivering your result.
Satisfied Client Stories
James
Fantastic. Very prompt and easy to deal with. Hodgson Lawyers work towards the best outcome for their clients!.
Steve
Lawyers at Hodgson Lawyers are very friendly, but still professional and helpful.
Miss V
Thank you Hodgson Lawyers for being highly professional, courteous, respectful, returning our calls and explaining the legal process. We are grateful to Hodgson Lawyers from the bottom of our hearts for putting an end to this ongoing nightmare.
We highly recommend your legal services to anyone.
Sarah
I'm so pleased we engaged Hodgson Lawyers who successfully handled our family law and DVO matters.
well-priced, understanding, knowledgeable, empathetic and good communicators.
Ted
My wife and I had the need for a solicitor quite some years ago. We were apprehensive of the costs. For the amount of work they did, I found their fees to be very, very reasonable, especially given the amount of money they saved me.
Christine
Hodgson Lawyers assisted our family through a very difficult, drawn out family law matter. At all times they were professional, kept us informed, and answered our questions.
This team enabled us to reach an excellent outcome for our family, and we will always be grateful to their expertise and support during a very difficult time.
Start with a free consultation:
Complete our form and continue to our calendar, where you can find a time in our lawyers diary to discuss your situation.