Car Accident – Electronic Notice of Accident Claim forms
In the unfortunate event that you are involved in a car accident, one of your first thoughts might be: “how can I fix things or
No one knows when illness or an accident might happen.
Who will keep paying your bills or make decisions about your medical treatment?
What will happen to your loved ones and your estate after you have gone?
McNamara Law knows that an expertly written will and a well-planned estate brings true peace of mind for your future. It is one of the most important things you can do for your family’s security.
At McNamara Law, we have a team of dedicated practitioners who practice exclusively in the area of Wills and Estates law. This expert team can assist you in all areas of estate law including:-
When planning your estate there are so many important factors to take into consideration such as who is the best person to act as executor of your will, who you would like to inherit your assets on your demise, or the consideration of the future wellbeing of your children.
McNamara Law with their experienced and friendly staff, can guide you through the process of planning for the future for your loved ones and friends.
Q: What if I do not have a will?
A: If you do not have a will at the time of your death, then it is said that you have died “intestate”. The laws of intestacy then apply to determine who will benefit from your estate. Who that beneficiary, or beneficiaries, will be depends largely on your circumstances as at the date of your demise – whether you have a spouse or you are single, whether you have children or you do not. Often the laws of intestacy will mean that assets such as homes will be required to be sold when it may be your intention for the loved ones you have left behind to be able to live in the home.
You should never leave something so important to chance. Having an effective estate plan in place, which might be as simple as having a will, will be the best way that you can make sure your assets end up where you want them to, with minimal expense and delay.
If you pass away without a will, this is costly to your estate due to the fact that an application is required to be made to the Supreme Court of Queensland to appoint an administrator (similar role to that of an executor named in a will) given that you do not have a will appointing an executor.
Q: What is a testamentary trust?
A: A testamentary trust is established under a will but it does not come into effect until after the death of the will maker. Incorporating a trust within your will can provide significant flexibility, along with asset protection and tax minimisation for your intended beneficiaries.
A testamentary trust differs from that of a normal will because under the testamentary trust the trustee has the discretion to distribute capital and income between a group of beneficiaries named in your will. Including a wide number of potential beneficiaries will give greater flexibility to the trustee when distributing estate assets.
It is important to consider the ongoing administrative costs involved in maintaining a testamentary trust, such as accountancy fees, as well as whether the income generated by your estate would be sufficient to warrant a testamentary trust. Our team of wills and estates lawyers can provide advice as to whether a testamentary trust is for you and help you consider whether the costs associated with the preparation and administration of a testamentary trust are economical in your circumstances.
Q: What is the difference between a power of attorney and an advanced health directive?
A: Power of Attorney:
A power of attorney is a legal document which gives another person the authority to make personal and financial decisions on your behalf.
An advanced health directive is a legal document in which you specify what should happen if your health deteriorates or you become incapacitated and you are no longer able to make decisions for yourself. In an advanced health directive, you are able to leave instructions regarding more complex medical treatment.
If you specify your medical preferences in an advanced health directive then you are taking the power away from your appointed attorney to have the discretion on that particular decision.
When you lose a loved one, often uncertainty follows as what to do regarding their estate.
If you have been named the executor of a will, or appointed administrator, you don’t have to do it alone. McNamara’s Law offer experienced estate experts who can give precise advice to help and guide you through this difficult time of administering a deceased estate.
We will help you liaise with valuers, financial personnel and institutions etc. ensuring the administration of the estate is efficiently undertaken.
Q: When can I have access to assets that have been left to me in a will?
A: You as a beneficiary have no right to any of the deceased parties’ property or assets until the executor of the will distributes the assets of the deceased after all debt of the deceased has been paid. You can as a beneficiary take legal action against the executor if they fail to distribute the estate of the deceased in a timely and efficient manner. It is important to note that there are also certain time frames imposed on executors as to when they are allowed to attend to a distribution of the estate. You should contact us if you need to know more about these timeframes.
Q: We need to appoint and administrator for a will. What does this mean?
A: An administrator is appointed by the Supreme Court. A Grant of Letters of Administration needs to be filed and issued by the Supreme Court.
Usually an administrator is appointed when a person has died without a will (intestacy); a will has been left with no executors appointed; or when the executors appointed by the will cannot or will not act on the deceased behalf.
Once the administrator has been appointed they act in the same way as an executor of a will. The administrator’s duty is to collect all information regarding property and assets, pay all debts owed by the deceased and distribute the balance to the beneficiaries, as per the deceased wishes if a valid will has been left, or according to the rules of intestacy in the event there is no will.
Until you have lost a family member you may not necessarily understand the action of Probate and Letters of Administration.
Probate is applied for and granted by the Supreme Court. It gives validation to the executor of a will, giving them authority to perform their duty to administer the estate of the deceased under the terms of the last will. Most financial institutions and share registries will ask for probate before the release of any funds to the estate. This probate application process can be long and tedious, taking approximately 3 months minimum in most applications.
A Grant of Letters of Administration is a grant issued by the Supreme Court to appoint an administrator of the estate. Usually, an administrator is appointed when a person has died without a will (called intestacy), a will has been left with no executors appointed, or when the executors appointed by the will cannot or will not act on the deceased behalf.
Once the administrator has been appointed, they act in the same way as an executor of the will. The administrators duty is to collect all information regarding property and assets; pay all debts owed by the deceased; and distribute the balance to the beneficiaries as per the deceased wishes if a valid will has been left or pursuant to the rules of intestacy if there is no will.
Q: Do I need to apply for probate?
A: If you have been appointed the executor of an estate you should firstly collect all relevant information regarding estate assets and contact financial institutions to ascertain the size of the asset pool.
You may not need to apply for probate if:
Q: Who can apply for a grant of letters of administration?
A: There are a number of people that may apply to be an administrator of a will however it is dependent on whether the person died with or without a will.
If you have been left out of a Will or insufficiently provided for, it is vitally important that you seek the help of a law firm that is experienced in estate litigation matters.
McNamara Law can not only provide you with expert legal advice, but also offer a no-obligation consultation to find out where you stand.
There are often very good reasons why a person should be contesting an estate such as:
Q: For what reasons can I contest a will for provision?
A: In Queensland you can contest a will if you are:
The court can consider many factors, when considering your dispute over the will, these being:
Q: Who is eligible to contest a will?
A: To contest a will in Queensland you need to satisfy one or more of the following:
The deceased’s spouse:
The deceased’s child:
The deceased’s dependant:
In order for any person to be a “dependant” they must have been dependant of the deceased person at the date of the deceased person’s death.
A Will can also be contested for other reasons which include but aren’t limited to the following:-
Contact us to discuss your situation and best course of action. We understand your time is valuable and offer consultations via Zoom, Skype, Microsoft Teams or phone call. Let McNamara Law help you find your legal solution today!
Ipswich (07) 3816 9555
Springfield (07) 3470 3600
Gatton (07) 5462 1566
In the unfortunate event that you are involved in a car accident, one of your first thoughts might be: “how can I fix things or
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