Wills & Estates |
Estate Disputes
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Our Wills & Estates Department.
Estate planning is more than deciding who receives what. It is about creating a clear plan for the people, assets and legacy you care about, including family arrangements, business interests, companies, trusts, and superannuation. Our experienced succession lawyers provide bespoke, tailored legal solutions, helping you structure your affairs with clarity, protect what you have built and ensure your wishes are understood and carried out as intended.
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It depends. The trustee of your superfund has a discretion to distribute it to any one or more of your superannuation dependents as they decide. To bind them to pay it to the dependent/s of your choice, you need to keep in place a valid binding death benefit nomination with your superfund.
While you may leave your estate to anyone you choose, under the Succession Act 1981 (Qld), certain eligible people can make a claim against an estate if they believe they have not been adequately provided for. This includes spouses, children, and some dependents. Whether a claim is successful depends on the circumstances, including the applicant’s financial need and their relationship with the deceased.
Executors may apply to the Court for commission as payment for the time and work involved in administering an estate. Any commission awarded is paid from the estate and may reduce the amount available to residuary beneficiaries. There are ways to address this in your Will, and a solicitor can advise on the options.
If you die without a valid Will, your estate is distributed in accordance with legislation. Many people assume this means the Government receives everything, but the law sets out who is entitled to inherit in those circumstances.
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