Secure Your Legacy with OMB Solicitors
At OMB Solicitors, we understand the profound importance of protecting your loved ones and your hard-earned assets. As leading Wills & Estates Lawyers serving Burleigh Heads and the wider Gold Coast community since 1968, we provide expert, compassionate guidance through every aspect of estate planning and administration. From drafting precise Wills and Enduring Powers of Attorney to navigating complex testamentary trusts and estate disputes, our experienced team ensures your wishes are clearly documented and legally sound. We offer reassurance and clarity, combining our deep local knowledge with modern, accessible legal services to give you complete peace of mind.
Established & Reputable Local Presence
With over five decades of service, OMB Solicitors stands as a pillar of legal expertise and trust on the Gold Coast. Our deep roots in the community, including ongoing work for the Gold Coast City Council, reflect our unwavering commitment to local families and businesses, ensuring dependable, long-term legal support.
Comprehensive Legal Expertise
As a full-service law firm, OMB Solicitors offers comprehensive expertise across seven core practice areas. Our Wills & Estates team works seamlessly with specialists in Property and Family Law, ensuring a holistic approach to your estate planning needs, backed by qualified and Queensland Law Society Accredited Specialists.
Client-Centred Accessibility
We believe legal services should be accessible and straightforward. OMB Solicitors embraces modern engagement options, including easy online booking, secure online payments, and a client portal. This ensures residents of Burleigh Heads can manage their legal matters with maximum convenience and stay connected every step of the way.
Personalised Wills & Estate Planning
Crafting a robust Will and a comprehensive estate plan is one of the most significant steps you can take to protect your family’s future. At OMB Solicitors, our Wills & Estates Lawyers work closely with Burleigh Heads clients to understand their unique circumstances, assets, and wishes. We guide you through the intricacies of drafting a legally binding Will, establishing Enduring Powers of Attorney (EPOA) for financial and health decisions, and exploring advanced strategies like testamentary trusts. Our goal is to minimise future stress and potential disputes, ensuring your legacy is preserved and distributed according to your precise intentions, providing comfort and security for your loved ones.
Expert Estate Administration & Dispute Resolution Services
The period following the loss of a loved one can be incredibly challenging, and navigating the legal complexities of estate administration adds further burden. OMB Solicitors provides sensitive yet authoritative guidance to executors and beneficiaries in Burleigh Heads. We assist with obtaining Grant of Probate or Letters of Administration, expertly managing assets and liabilities, and ensuring a smooth distribution of the estate. Should disputes arise, such as family provision claims or challenges to a Will’s validity, our skilled litigation team is prepared to represent your interests, striving for effective and compassionate resolution. Trust us to manage these sensitive matters with professionalism and care.
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Common Questions About Wills & Estates Law
Why do I need a Will?
A legally valid Will is the cornerstone of any effective estate plan, regardless of your location within Burleigh Heads or the Gold Coast. It allows you to dictate how your assets will be distributed, appoint guardians for minor children, and choose an executor to manage your estate. Without a Will, your estate will be distributed according to intestacy laws, which may not align with your wishes and can cause significant stress, delays, and financial burdens for your family. An OMB Solicitor can help you draft a Will tailored to your specific circumstances and Queensland law, providing clarity and peace of mind for you and your loved ones.
What is an Enduring Power of Attorney (EPOA)?
An Enduring Power of Attorney (EPOA) is a crucial legal document that allows you to appoint a trusted person (or people) to make financial and personal/health decisions on your behalf, should you become unable to do so yourself. Unlike a general power of attorney, an EPOA “endures” even if you lose mental capacity, offering vital protection. For Burleigh Heads residents, it ensures that your affairs are managed according to your wishes, preventing potential family disputes or the need for court intervention. Our lawyers at OMB can help you understand the scope of an EPOA and prepare one that perfectly suits your needs.
What happens if I die without a Will (intestacy) in Queensland?
If a Burleigh Heads resident dies without a valid Will, they are said to have died “intestate.” In Queensland, intestacy laws dictate how your estate will be distributed, typically favouring immediate family members in a prescribed order. This legal framework might not align with your personal wishes or relationships, potentially excluding certain individuals or charities you intended to benefit. Dying intestate can also prolong the estate administration process, incurring additional costs and causing unnecessary emotional distress for your family. OMB Solicitors can help you avoid these complications by creating a comprehensive and legally sound Will.
Can I change my Will, and how often should I review it?
Yes, your Will is not set in stone and can be updated or changed to reflect significant life events. It’s crucial to review your Will periodically, especially after major milestones such as marriage, divorce, the birth of children or grandchildren, significant asset acquisition or disposal, or the death of a named beneficiary or executor. Changes are typically made via a Codicil (an amendment) or by drafting an entirely new Will, which revokes all previous ones. Our Burleigh Heads Wills & Estates Lawyers recommend reviewing your Will every few years, or immediately following any major life change, to ensure it remains current and effective.
What is a Testamentary Trust, and could it benefit my estate?
A Testamentary Trust is a trust established within your Will that comes into effect upon your death. Rather than outright distribution, assets are held in a trust for beneficiaries, managed by a trustee you appoint. This can offer significant advantages, particularly for Burleigh Heads families with complex financial situations, beneficiaries with special needs, or those wishing to protect assets from creditors or family law claims. Testamentary trusts can also provide tax benefits and allow for controlled distribution over time. OMB Solicitors can advise if a testamentary trust is suitable for your estate planning goals and help structure it effectively.
How long does Estate Administration typically take in Queensland?
The duration of estate administration can vary significantly depending on the complexity of the estate, the presence of a valid Will, and any potential disputes. Simple estates in Burleigh Heads, with clear Wills and no challenges, might be finalised in 6-12 months. More complex estates involving multiple assets, international elements, or disputes can take much longer. Factors such as obtaining Grant of Probate, identifying all assets and liabilities, lodging tax returns, and distributing assets all contribute to the timeline. Our OMB Wills & Estates team works efficiently to streamline the process, keeping you informed every step of the way.
What is Probate and is it always necessary?
Probate is a legal process where the Supreme Court of Queensland formally confirms the validity of a Will and the appointment of the executor. It gives the executor the legal authority to manage and distribute the deceased’s assets according to the Will. While often necessary, Probate isn’t always required. For smaller estates or those where assets are held jointly and pass automatically to the surviving owner (e.g., joint bank accounts, jointly owned property), Probate may be bypassed. However, many financial institutions and land registries require a Grant of Probate before releasing assets. Our OMB Solicitors can advise Burleigh Heads residents whether Probate is necessary for their specific circumstances.
Who can challenge a Will in Queensland, and on what grounds?
In Queensland, certain individuals can challenge a Will, typically on two main grounds: a ‘Family Provision Claim’ or a ‘Challenge to the Will’s Validity.’ A Family Provision Claim can be brought by eligible family members (e.g., spouse, child, dependent) who believe they have not been adequately provided for in the Will. A challenge to validity might argue the Will was not properly executed, the deceased lacked testamentary capacity, or was unduly influenced. These claims must be brought within specific timeframes. Our OMB Solicitors’ litigation team has extensive experience in handling such disputes, providing expert representation for Burleigh Heads clients navigating these complex legal challenges.
How can OMB Solicitors assist with Estate Disputes or Contested Wills?
Estate disputes, including contested Wills or family provision claims, can be emotionally taxing and legally intricate. OMB Solicitors offers robust support and representation for Burleigh Heads clients facing such challenges. Our experienced litigation team understands the sensitive nature of these conflicts and works diligently to achieve the best possible outcome, whether through mediation, negotiation, or court proceedings. We provide clear, strategic advice, helping you understand your rights and options, and fiercely advocating for your interests to resolve disagreements as efficiently and amicably as possible, or through decisive legal action when necessary.
What information do I need to prepare my Will with OMB Solicitors?
To prepare your Will efficiently with OMB Solicitors, gathering some key information beforehand can be very helpful for Burleigh Heads residents. This includes a comprehensive list of your assets (property, bank accounts, investments, superannuation, insurance policies, valuable possessions) and liabilities (mortgages, debts). You’ll also need the full names and addresses of your chosen executor(s), beneficiaries, and any guardians for minor children. Think about any specific gifts or bequests you wish to make. Don’t worry if you don’t have everything; our team will guide you through the process, ensuring all necessary details are covered to create a comprehensive and effective Will.