- Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia
Wills and Estate
Wills and Estate Lawyers Gold Coast
QBM Lawyers advise on wills and estate matters, including the preparation of wills, estate planning and estate disputes. We assist clients in structuring their affairs to ensure their assets are dealt with in accordance with their intentions.
Many individuals and families have complex personal and financial arrangements, including assets held personally, jointly, through companies, trusts or superannuation funds. Not all of these assets can be effectively dealt with by a simple will, and careful planning is often required.
We also advise on estate disputes, including challenges to wills and issues arising in the administration of estates.
So-called “bloodline trusts” can exclude individuals, including long-term spouses and their children, from benefiting.
The increasing use of self-managed superannuation funds can also affect how assets are distributed, as those assets are governed by the rules of the fund rather than the terms of a will.
The use of testamentary trusts can also give rise to disputes. These issues may lead to outcomes that were not intended and, in some cases, may be considered unfair or have significant consequences.
Mutual Wills
Some individuals attempt to address competing interests by entering into mutual wills. A common example arises where one party has children from a previous relationship and wishes their spouse to benefit from their estate during their lifetime, with the estate then passing to those children.
In many cases, parties instead put in place similar or “mirror” wills, leaving their estates to each other and then to nominated beneficiaries. However, a will can generally be changed at any time, meaning the surviving party may alter their will after the other has died.
Mutual wills are intended to address this by creating a binding agreement between the parties not to change their wills without consent, or without giving notice while the other party has capacity. This agreement may be enforceable in certain circumstances.
Issues with Mutual Wills
Mutual wills can create difficulties where circumstances change over time. It is often not possible to anticipate future events, including changes in relationships, financial circumstances or the conduct of beneficiaries.
For example, the relationship between a surviving spouse and stepchildren may deteriorate, or the surviving spouse may enter into a new relationship but remain restricted in dealing with their assets.
In many cases, mutual wills do not adequately account for these issues. Independent advice is generally required for each party, and it may not be appropriate for one lawyer to act for both parties due to the risk of conflicting interests.
QBM Wills and Estate Lawyers Gold Coast Help You Prepare Wills
Our wills and estate lawyers carefully consider your circumstances when preparing a will. We provide advice on appropriate strategies to protect your interests and those of your beneficiaries, including:
- Binding death benefit nominations for superannuation funds
- Appointor or principal nominations in trust structures
- Testamentary trusts
- Statements of wishes
- Whether mutual wills are appropriate
- Buy and sell arrangements for business interests
- Risks of a will being challenged
- Strategies to reduce the risk of claims against an estate
- Enduring powers of attorney
Contact Wills and Estate Lawyers Gold Coast and Queensland
QBM Lawyers have experience advising on wills and estate matters, including estate administration and planning. We provide clear, practical guidance tailored to your circumstances.
Our wills and estate services include:
- Preparation of wills and estate planning
- Estate administration
- Estate disputes and challenges
We assist clients with both simple and complex arrangements and work with accountants and financial advisers where required to ensure estate planning is structured appropriately.
For wills and estate advice, please contact Peter Muller on 07 5574 0575 or Jessica Murray on 07 5574 0111.
Wills and Estates Areas Of Practice
Experienced Wills and Estate Lawyers Gold Coast
Our wills and estate lawyers provide clear, practical advice tailored to your circumstances.
Make Sure Your Estate Is In Order. Talk to Gold Coast Wills and Estates Lawyers Today
QBM Lawyers provides clear, practical advice on wills, estate planning and estate disputes, helping you protect your assets and provide for those who matter most.
(07) 5574 0111 | admin@qbmlaw.com.au | Mon – Fri, 08:30 – 17:00
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Frequently Asked Questions
Estate planning helps ensure your assets are distributed in accordance with your wishes and can assist in managing tax, asset protection and family considerations.
No, some assets, such as superannuation interests, jointly owned property and trust-controlled assets, may not automatically form part of your estate and require separate planning.
A testamentary trust is a trust created under a will that allows assets to be managed for beneficiaries after death. It may provide asset protection and taxation advantages in certain circumstances.
Mutual wills are wills supported by an agreement between parties not to change their testamentary arrangements without consent or notice. They are often used in blended family situations but can create complications if circumstances change.circumstances.
Yes, wills may be challenged in certain circumstances, including where a person claims they were not adequately provided for or questions the validity of the will.
Yes, wills should be reviewed whenever there are significant changes in personal, financial or family circumstances to ensure they remain appropriate and effective.
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For over 40 years, QBM Lawyers has delivered effective legal solutions for clients across the Gold Coast.
We understand our clients’ goals, recognise the challenges they face, and provide clear, practical advice to support their commercial objectives.
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- +61 755 74 2600
- PO Box 6344, Gold Coast Mail Centre, Bundall QLD 9726
- Level 5, Evandale Place, 142 Bundall Road, Bundall, QLD, Australia
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