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Wills & Estate Lawyers Gold Coast

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Our wills and estate lawyers at our Gold Coast office

Gold Coast's finest Wills & Estates experts

Changes in our relationships, such as getting married or starting a family, can change our wishes for our and our family’s future. Arcuri Turnbull Law provide the vehicles to share your future wishes with your loved ones by creating or updating your advance life planning documents, such as a Will or Enduring Power of Attorney.

Our Wills and Estates team on the Gold Coast ensure that peoples assets are protected and wishes are carried out. When it comes to creating a Will there is so much to consider and our job is to simplify and safeguard. Estate disputes are not uncommon, people feel distribution of estates are unbalanced and this can cause significant strain on family members and relationships. We take the time to understand the circumstances and then work for a quick settlement keeping costs under control.

Some Wills we come across are invalid or the timeline for challenging it have expired. Some don’t take into consideration changes to assets or wanted beneficiaries. We see the importance of having a Will and Enduring Power of Attorney everyday. We know you have worked hard for what you have and what you leave behind is important.

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Unmatched Accessibility and Flexibility

With Arcuri Turnbull Law, borders dissolve and distance shrinks. No matter where you are, we collaborate seamlessly with you, remotely, over the phone, virtually or in our office. Taking the time to ensure you have an effective, legally binding Will, can save your family not only stress and heartache but financial implications in what will undoubtedly be a difficult time. Our team extends its legal prowess across Australia, with specialists based on the Gold Coast and Northern NSW.

Why choose the Wills & Estate masters?

We do not merely draft legal documents; we embark on a profound journey with you. Your legal needs matter not just in the present but throughout your lifetime. Our experts consult, partner and place you at the heart of every decision, considering broad goals and finer details alike.

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Trusted Wills & Estate Experts For Over 40 Years

Entrust your legacy to Arcuri Turnbull Law – with years of experience and understanding in Wills and Estates we have been looking after Gold Coast families . Be confident that we seek nothing less than the best legal solutions for all involved.

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Our Values

At Arcuri Turnbull Law, we work for your well-being and strive for optimal outcomes, offering services that return value. Fairness, kindness and knowledge define our approach, as we unravel problems and pave the way to the right solutions.

Our team of dedicated, passionate and genuine professionals, place you at the centre of our universe, fostering a client-centric focus. All our clients receive compassionate and courteous treatment, leaving them comforted and assured.

Our Wills & Estate Planning Services

Arcuri Turnbull Law offers valuable assistance and guidance to those dealing with succession and Estate Matters. Including;

Our skilled legal team specialises in drafting and updating legal Wills, ensuring that every document is tailored to meet your specific needs and wishes. We ensure that your Will is both compliant with Australian law and accurately reflects your intentions, offering peace of mind that your estate will be handled according to your wishes.

Crafting important documents like wills, enduring powers of attorney, and advance health directives to facilitate smooth succession planning.

We provide expert succession planning services to ensure the smooth transition of your personal and business assets to your nominated beneficiaries. We view your plan as a whole and take into account family circumstances and wishes beyond your own immediate concern. 

Our approach is to understand your unique family dynamics and business structure, crafting a plan that reduces legal complications, while protecting the long-term interests of your family and employees to ensure the continuity of your legacy.

Dealing with a deceased estate can be a challenging and emotional process. Our experienced team offers compassionate and efficient legal assistance, guiding executors and beneficiaries through every step of the estate management and distribution process. We handle all legal requirements, including probate, asset distribution, ensuring that the wishes of the deceased are respected and fulfilled with dignity.

Estate Administration and Probate involve essential legal procedures to manage a deceased person’s estate. These processes grant the executor or administrator the legal authority to handle the estate according to the deceased’s wishes or the laws of intestacy. Complying with legal obligations is crucial and can be a complex process. 

When it comes to handling important matters like addressing beneficiary requests or dealing with external demands, having accessible legal expertise is crucial. This not only helps in preventing potential disputes but also assists in navigating any unwelcome litigation.

Similarly, significant decisions may arise if the Will mandates provisions for the care and education of minor children or necessitates the management of assets or funds through a trust.

Our comprehensive knowledge, support and efficient handling streamlines the process.

A Power of Attorney is a legally binding document that allows one person to give another the authority to make decisions on their behalf. These decisions can relate to personal, health, or financial matters, depending on the extent of the power given. Our team assists in creating clear and legally sound Power of Attorney documents, ensuring that your financial, legal, and health-related decisions are in trusted hands. Gain assurance that your affairs will be handled even if you travel abroad, embark on a long vacation, or face challenges in making decisions due to health issues or accidents.This proactive approach provides security and clarity for both you and your loved ones.

Estate disagreements and Will disputes can be emotionally taxing and strain family ties. Our team of skilled lawyers experienced in Wills and Estate disputes, are adept at both defending and contesting Wills, providing the support and guidance needed during such challenging times. In the event of Will and Estate disputes, our legal experts offer dedicated support to protect your rights and interests. We strive for resolutions that honour the wishes of the deceased while lessening the emotional and financial impact on all parties involved. Through negotiation, mediation, or litigation, we are committed to achieving fair and just outcomes for our clients.

Providing counsel to individuals seeking to contest a will or pursue additional provisions from the estate.

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Common issues with DIY Wills & Estate planning

While it may be tempting to complete your Will and Estate planning independently, doing so without the guidance of a legal professional can leave your loved ones facing unnecessary challenges.

Certain complications can arise if your Will and Estate plan isn’t properly structured and legally compliant:

  • Many Wills and Estate plans don’t comply with the specific legal requirements for each individual Australian state or territory.
  • DIY Wills may neglect critical components of your estate, leaving certain assets unaddressed creating potential disputes. Failure to execute it properly could also result in the Will being invalid.
  • Vague language is commonly found in DIY Wills which can lead to interpretations that deviate from your intended wishes
  • Estate planning that doesn’t have strategies in place to minimise tax liabilities leads to a higher tax burden on your estate and less for your beneficiaries. We recommend you speak with your Accountant to discuss this aspect of your estate planning.
  • For those using online Will and Estate planning templates, these one-size fits-all tools don’t take your unique, individual circumstances into consideration leading to less informed decision making

Arcuri Turnbull Law provides expert guidance to navigate the complexities of Will and Estate planning, ensuring your documents are legally sound and tailored to your unique circumstances. 

Let us help preserve your legacy and protect your loved ones from the unnecessary complications associated with DIY estate planning with our free initial consultation.

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Circumstances where it’s advisable that you create or update your Will

Life is full of changes, and your Will should reflect the current state of your affairs and your wishes. Here are some key moments when updating or creating a Will becomes essential:

  • Major life events such as marriage, divorce, birth of a child 
  • Any financial changes that could impact how you wish to distribute your estate
  • A significant health diagnosis
  • If you need to change who you’ve appointed as executor of your Will or trustee of any trusts
  • Moving to a different state or country may require adjustments to your will to comply with local laws

It’s also advisable to review your Will and Estate plan every few years even without significant life changes.

Book An Appointment

 Ready to get started? Book a consultation with our trusted advisors, and together, and let us do the heavy lifting for you.

Will & Estate Planning FAQs

A deceased estate comprises all the assets and liabilities left by a person after they pass away. The process of managing a deceased estate involves several key steps: identifying and collecting all assets, paying debts and taxes, and distributing what remains to the beneficiaries. This process is typically managed by an executor named in the will or, if there is no will, an administrator appointed by the court. The executor or administrator has the legal responsibility to manage the estate in accordance with the laws and the wishes expressed in the will, if available.

To distribute assets from an estate, the executor or administrator must first ensure that all debts, expenses, and taxes owed by the estate are paid. Once these obligations are met, the remaining assets can be distributed to the beneficiaries according to the will’s instructions. If there is no will, assets are distributed according to the rules of intestacy set by the state or territory. The process typically involves transferring ownership of properties, closing bank accounts, and distributing funds and personal belongings to the rightful heirs.

The distribution of an estate can occur after several important steps have been completed, which ensure that all legal, tax, and financial responsibilities are met. Here’s an overview of when an estate can typically be distributed:

  1. Probate or Administration Approval: The first step is obtaining probate (if there is a will) or administration (if there is no will) from the court. This legal process confirms the executor’s authority to manage the estate.

  2. Asset Collection and Valuation: The executor needs to collect and value all the estate’s assets. This may include closing bank accounts, valuing real estate, and assessing personal property.

  3. Payment of Debts and Taxes: Before distributing the assets to the beneficiaries, the executor must ensure that all debts, claims, and taxes owed by the estate are paid. This includes funeral expenses, outstanding loans, credit card debts, and income or estate taxes.

  4. Preparation of Final Accounts: The executor prepares a final account that details all income, expenses, asset valuations, and debts paid from the estate. This account is often presented to the beneficiaries for approval before distribution.

  5. Distribution According to the Will or Law: Once the above steps are completed and if there are no disputes or claims against the estate, the remaining assets can be distributed to the beneficiaries as outlined in the will or, if there is no will, according to the intestacy laws of the state.

  6. Timeframe: Generally, it is expected that an estate will be settled and distributed within about 12 months from the date of death, often referred to as the “executor’s year”. However, the exact timing can vary depending on the complexity of the estate, any legal challenges, or specific conditions stated in the will.

It’s important for executors to proceed with care and follow legal procedures closely to ensure the estate is distributed correctly and legally.

In Queensland, your estate will be distributed in accordance with the Succession Act Qld 1981. It will be necessary for your next of kin to apply for Letters of Administration of your Estate. This process is similar to obtaining Probate.

No, you do not need to have a new Will prepared each time you or anyone else named in your Will moves address. Your most recent Will is still valid. If you would like however, you can provide the new details to our office in an email and we can add this to your security packet so that your Executors/Beneficiaries can be easily contacted. We recommend that will are reviewed each 3-4 years or more frequently with changes in life like purchase or sale of property, separation or divorce etc.

You will both need to have new Wills drawn up as separate documents – a Will for you and a Will for your partner.

To change the executor of a will in Australia, the will maker must either add a codicil to the existing will or create a new will. A codicil is a document used to make amendments to an existing will and must be executed in accordance with the same legal formalities as preparing a new will (i.e., it must be written, signed, and witnessed). If the changes are significant or if the will maker prefers to update other aspects of their will, it might be more appropriate to write a new will. It’s important to seek legal advice when making such changes to ensure they are legally valid.

In Queensland, probate is the legal process by which a court confirms that a will is valid and grants the executor authority to administer the estate according to the will’s terms. The process begins when the executor submits an application to the Supreme Court of Queensland, including the original will, a death certificate, and other required documents. Once granted, probate allows the executor to manage and distribute the deceased’s assets, pay debts, and carry out the instructions in the will. Probate is particularly important when dealing with complex estates or when required by institutions (like banks) before they release assets to the executor. If there is no will, a similar process called ‘Letters of Administration’ is followed. If you have a friend or loved one who has passed away without leaving a will, we can assist with the estate administration process

No, not all wills have to go through probate in Australia. Whether probate is necessary often depends on the types and values of assets within the estate. For example, if the deceased owned property solely in their name or had significant bank accounts, probate is typically required to transfer or access these assets legally. However, for smaller estates or those where assets are owned jointly and pass directly to the surviving owner, probate may not be necessary. Each state and territory in Australia has its own rules regarding the threshold values for probate requirements.

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