Wills & Estates Toowoomba

We Handle Wills & Estates in The Darling Downs

 

Organise Your Affairs with Our Services

Putting Your Affairs In Order

Putting Your Affairs In Order

Organising your affairs is a difficult and emotional time for most, which is why our caring solicitors make the process as efficient as possible. At Rochford Solicitors, we can help you get your will in order so that distributing your estate is easier for your beneficiaries when the time comes. We’re based in Toowoomba, offering wills and estates services throughout the Darling Downs, as well as Dalby, Highfields, Oakey, Pittsworth and Ipswich.

Our services include:

  • Drafting & execution of wills
  • Drafting & advice on Enduring Powers of Attorney
  • Probate applications
  • Assistance with completing bank & finance requirements
  • QCAT applications
  • Life tenancies

There are many types of wills you can have drafted, including simple wills, wills with trusts and wills with rights of residence. Our team will listen to your requirements and guide you through the process of drafting a will, finding solutions quickly. Contact us to arrange an appointment.

Powers of Attorney

Powers of Attorney

Our solicitors can help you organise Power of Attorney documents, including Enduring Powers of Attorney and General or Specific Powers of Attorney. They can be used for another person or authority to take care of your affairs while travelling or during a period of serious illness. Power of Attorney can be prepared to take effect immediately or come into effect at a future time.

Power of Attorney is a legal document which gives someone the power to make legal and financial decisions as if they were you. We can draw up the relevant documents to organise Enduring Power of Attorney, which means the nominated person can continue to manage your affairs for you when you no longer have the legal capacity to do so yourself. The person granting the Power of Attorney must be capable of understanding the nature of the document they are signing. Talk to our solicitors about your individual needs and we can help you find a solution to suit your situation.

Letters of Administration

Letters of Administration

In the event that a will hasn’t been left, our solicitors can help you apply to the Supreme Court for a Letter of Administration. We’ll guide you through the process and make it as simple as we can in this difficult time. A Letter of Administration allows the next of kin, such as a spouse, to take on the role of administering the deceased’s estate.

Our solicitors understand the complexities of legislation pertaining to wills and estates, such as how an estate may be distributed and by whom. We can help you find solutions to suit your requirements. We also offer conveyancing services, in the event you need to sell a residential or commercial property.

Succession & Probate

Succession & Probate

Our solicitors are available to help with matters of probate and succession. We negotiate settlements on our clients’ behalf, providing advice on contesting wills and submitting claims. If you haven’t been included in a will but believe you should have been, you may be able to make a claim against the estate under the relevant legislation. If you’re eligible, our team can guide you through the process and organise the paperwork 

 

We also assist with probate applications if you’ve been nominated as the Executor of the will. Probate authorises you to distribute the deceased estate in accordance with the provisions of the will. Get in touch with the solicitors at Rochford Solicitors for all last will and estate queries and applications.

Making A Will

Making A Will

Below you will find a list of the general steps you should take when creating a will: 

  • Gather information about your assets: Before you start writing your will, gather information about all your assets including property, savings, investments and personal possessions. This will help you to determine how you want your assets to be distributed after you pass away.
  • Decide on an executor: An executor is the person who will be responsible for carrying out the instructions in your will. It is important to choose someone you trust and who can take on this responsibility.
  • Name beneficiaries: Beneficiaries are the people who will inherit your assets. You should consider who you want to leave your assets to and in what proportion.
  • Consider the tax implications: Take any necessary steps to minimise the tax burden on your estate and heirs. Be sure to work with a lawyer and an accountant to make sure your will is tax efficient.
  • Create the document: Create the will document can be done on your own or with a lawyer. Writing your will with a lawyer will make sure it is legally sound and meets all local requirements. A lawyer can also be helpful in providing guidance on how to structure your will to achieve your goals while taking any specific legal requirements into consideration.
  • Sign and date the will: After you have completed your will, it must be signed and dated in the presence of two witnesses.
  • Store and share the will: It’s important to store your will in a safe place and inform your executor and next of kin of its whereabouts so it can be easily located and executed after you pass away. It’s important to review and update your will periodically, particularly if you experience a significant life event such as marriage, divorce, birth of a child, or the purchase of a significant asset.
Estate Planning

Estate Planning

Estate planning involves making decisions about how your assets will be managed and distributed. It also determines who will be responsible for carrying out your wishes. Here are some steps to help you plan your estate:

  • Assess your assets: Gather information about all your assets including property, savings, investments and personal possessions. This will help you determine how you want your assets to be distributed after you pass away.
  • Create a will: A will is a legal document that outlines your wishes for the distribution of your assets after you pass away.
  • Consider a trust: A trust is a legal arrangement in which assets are transferred to a trustee who holds and manages the assets for the benefit of the beneficiaries. Trusts can be used for tax planning and can be an effective way to protect your assets for your beneficiaries.
  • Appoint a power of attorney: A power of attorney is a legal document that allows you to appoint someone to manage your affairs in case you become incapacitated. It’s important to have a trustworthy and capable person take on this role.
  • Create an inventory of assets: Create a comprehensive list of your assets including financial accounts, property, investments and other possessions. It will help your executor and beneficiaries to locate and distribute your assets after your passing.
  • Review and update regularly: Estate planning is an ongoing process, not a one-time event. You should review and update your estate plan regularly, especially when your life circumstances change, so it stays in line with your current wishes and priorities.
  • Consult with professionals: It is always good to work with a solicitor who specialises in estate planning and probate. They can provide you with guidance and advice on how to create a will, trusts and other legal documents that are legally sound and effective in carrying out your wishes. They together with your Accountant, can also help with ensuring your plan is tax efficient and complies with all legal requirements.

Overall, estate planning is a proactive and thoughtful process that ensures your assets and loved ones are protected. It gives you peace of mind, knowing your wishes will be carried out and your loved ones will be provided for after you pass away.