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Wills Brisbane, Sunshine Coast, Gold Coast

Professional Concierge Will Service

A Will without the hassle.

  • Quick, Convenient and Professional Will
  • Ready in 5-7 Business Days
  • 15-20 Minute Phone appointment – No Online Forms
  • 15 Minute Signing appointment (or print and sign at home in your own time)
  • Travel to your location available (extra fee)

Our Professional Will Service

Its as easy as 1…2…

We will provide you a traditional Will drafted by professional experienced lawyers without the hassle of complicated forms, boring meetings and red-tape.

Step 1 – Phone Call

  • Book an Advice and Instruction Call Online – After you have selected your Will Package you will be prompted to book an instruction call online. If you are doing your Will with a spouse simply send them the booking link so they can make a time of their own too.
  • Instant Feedback and Advice – In that call, we will ask you what you want to do with your Will and provide you instant feedback on your choices from a legal and practical manner.
  • No Forms – No anxiety about whether or not you’ve made the right choices, no long, tedious online forms. Every choice you make will be vetted by a lawyer the moment you make it. These are professional traditional Wills drafted by lawyers not robots.

Step 2 – Will Singing

  • Will Drafted within 5-7 Business Days – After your phone call, we will have your Will drafted within 5-7 business days. In some rare cases it might take longer, we will let you know ahead of time if we expect this to be the case.
  • In Person Signing – Once your Will is ready, you can attend any of our Brisbane and Gold Coast offices for the Will signing.
  • At Home Signing – You can opt to sign the documents from the comfort of your own home and send them back. Alternatively we can travel to you for an extra fee.
  • Secure Storage – Your original Will is safely stored in our secure storage facilities. We will provide you with an executed copy for our records.
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You are in the best hands

Best Wills & Estates Law Firm

Our Professional Will Service has enabled us to be awarded the Client Choice Best Will & Estates Law Firm in all of Australia

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Why choose us?

Our Professional Concierge Will Service

If any of the following apply then our professional Will service is for you:

  • Do want to get your Will done professionally but don’t want to spend precious time and countless hours in meetings with lawyers?
  • Do you have a relatively ‘simple’ Will but understand the risk of Online Wills and Will Kits?
  • Are you limited on time and don’t want to fill out long complicated legal forms?

At Cudmore Legal, our simple, easy and professional Will service provides clients with:

  • Customised Will solutions
  • Professional advice and peach of mind that you Will is done right
  • Secure storage so that you will know where your Will is…. forever….
  • Time and cost-effective service, we have no long forms and no long meetings. In just one phone call with a lawyer, we can have your Will drafted and ready to sign within a week.

What happens if you don’t have a valid Will?

If you don’t have a valid Will you may be found intestate. That means if you have a Will from a Will Kit or Online Will Service, and it’s not valid – you may be considered intestate.

The laws of intestate change and vary but generally, in Queensland they are:

Married or defacto With Children = spouse receives first $150,000.00 + all household
chattels, then the balance of the estate is divided equally amongst spouse and children.

Married or de facto, No Children = spouse gets everything.

Single, no Children, parents alive = parents get everything.
If one parent has passed, then the surviving parent gets everything.

Single, no children, no parents = siblings get everything in equal shares.
If one of your siblings dies before you and they had children, that siblings share will
go to their children.

Single, no children, no parents, no nieces or nephews = divided between your relatives
on your mums and dad’s side.

Single with Children = children get everything in equal shares. If one of your children has predeceased you and they have children, then that child’s share will pass to their children (your grandchildren).

Frequently Asked Questions

Why do you need a Will drafted by a lawyer, not a Will Kit or Online WIll?

We’re going to tell it to you straight. Dying without a Will is not an option. But that doesn’t mean you should instantly opt for a Will Kit or Online Will. Will Kits and Online Wills usually aren’t checked by lawyers. And even if they are, Will laws differ from state to state, it’s important that you engage a lawyer in your state who understands the law and is qualified to practice in your state.

Assets or no assets, no Will or an invalid Will is going to make things incredibly difficult for your family to distribute your estate, and even worse, your estate can end up in the hands of someone who might not have deserved or needed it.

We also know that getting your Will done may be at the bottom of you’re already long to-do list. We will make the whole process as fast and painless as possible.

What is in a Will?

A Will is basically a list of your last wishes that comes into effect after your death. Our Brisbane Will team can draft a professional simple Will, including meeting with a lawyer for execution and finalisation.

Usually, a Will consists of:

  • Executors (Primary and Substitute)
  • Gifts (Specific-Gifts, Non-Specific Gifts and Release of Debts)
  • Age of Inheritance Clause
  • Funeral and Remains Clause
  • Guardianship Clauses
  • Leaving someone out (in some cases)

How often should I update my Will?

We strongly recommend that you review your Will every few years to reassess your situation and evaluate your Will so that it accurately reflects your wishes and intentions and also your estate at the time of passing.

This is particularly important where you have accumulated further assets, had more children, or executors or beneficiaries have passed away or lost capacity.

Where you are changing the nominated Executors or Testamentary Guardians, we recommend communicating your intentions to the relevant parties concerned so that there are no surprises later on.

What happens if I don’t have a Will?

It depends on a lot of factors. If you don’t have a Will, your estate gets distributed per the state’s rules of intestacy. Depending on your circumstances, this may mean that your estate will not pass automatically to your spouse and other individuals who you never intended to benefit from your estate may have a claim to your property.

Why should I have a Will?

You can’t put a price on your family’s peace of mind. To protect them in the event of your death spend time and money now and save them potentially thousands in legal fees in the future should you die intestate (without a Will) or your Will be found invalid. It’s so important to have a proper Will, read more below to understand that even a ‘Simple’ Will requires considerable thought.

Don’t just take our word for it

“Cudmore Legal were very patient and answered my questions professionally and interactively. I felt comfortable to seek advice and was given appropriate guidelines so that I had confidence to make my decisions. “

Anne Copeland, FirmChecker

What can you gift in your Will?

In your Will, you can leave specific gifts, like a particular item of jewellery or non-specific gifts like your entire stamp collection.

You can also relieve your loved ones of debts they may owe you.

However, care should be taken when making gifts. Gifts can be invalidated and intended beneficiaries can miss out. This can significantly complicate a deceased estate and open it up to dependency claims and other issues.

The issues that arise with gifts are complicated but they can easily be avoided. In our professional Will service, we will give you legal advice on any gifts you include in your Will to ensure smooth sailing for your loved ones in the future.

Watch our video to learn more.

Choosing your executors

The executor is the person that is in charge of handling your estate in accordance with your Will. It’s a very important choice to make for a very important position. Some of the things to consider before making this choice are the:

  • number of executors that you would like to nominate and their relationship to each other;
  • geographical location of your executor/s;
  • connection between your executor/s and beneficiaries; and
  • willingness of your executor/s to act.

In our professional Will service, we will advise on your choice of executors to ensure they are both legally and practically good choices.

Guardianship in a Will

When deciding on who to appoint as a testamentary guardian, you should take into consideration:

  • The relationship between the Guardian and the child;
  • The relationship between the Guardian and Executors of the Will;
  • The geographical location of the Guardian;
  • The age and fitness to act of the Guardian;
  • The impact that the appointment might have on the Guardian’s income, finances, and lifestyle;
  • Whether the proposed Guardian has children or is planning to have children in the future, and if so, will your child fit into this family dynamic; and
  • Similarities between your lifestyle, values and religious and cultural beliefs.
Client Review

“They kept us informed of every step in the process with both phone calls and emails”

John, FIrmChecker

Funeral and Remains

When preparing your Will, you may wish to specify what happens to your body, such as whether you prefer to be buried or cremated.

If you do not specify in your Will whether you prefer to be buried or cremated, then your executor has the power to decide whether you should be buried or cremated and will make all the decisions about the funeral or cremation.  This choice can cause significant conflict and pressure for executor/s. For this reason, we always include a a simple burial or cremation clause in all of our professional Wills.

Rest and Residue

The residue of your estate is anything left in your estate that you have not specifically dealt with in your will. This is often referred to as the ‘rest and residue”.

The rest and residue of your estate is a gift of everything left in your estate once all of the specific gifts, non-specific gifts, debts and taxes have been distributed or paid from the estate.

It is important to nominate beneficiaries in your Will who are to receive your rest and residue, as failing to do so will mean that it will be dealt with according to the rules of intestacy.

How old should your beneficiaries be?

Should your estate pass to your minor children, then they will receive their inheritance when they attain the age of 18 years.

Generally, the age for inheritance is 18 years, however you may wish to specify another age that they must attain before they receive their inheritance – for example, 21 or 25 years of age.

In this regard, the Executor of your Will will hold the inheritance for your children until they reach the age specified in the Will.

In our professional Will service we let you choose how old you want minor beneficiaries to be.

What they say

“Questions I asked were answered with options available to my specific needs which allowed me to make confident decisions.”

Bronwyn Troth, FirmChecker

Safe Custody

Safe custody is a storage facility provided by law firms for storing your important, original legal documents such as original Wills and original Enduring Power of Attorneys.

We strongly recommend storing your original Will in a fire-proof safe. If you do not have access to these facilities, then we recommend utilising the safe custody option that we offer our clients.
In this regard, we will safely store your original legal documents.

If you require certified copies of your original documents, then we may do this for you.

You are also welcome to collect your original documents at any time. We will just require your photo identification to be sighted and an Acknowledgement of Receipt to be signed upon collection of the original documents.

Leaving someone out of your Will

If you decide to leave someone out of your will, such as a family member, being a partner, biological child or dependant, then your estate will be at high risk of the excluded family member contesting the Will.

There are laws in places that allow for eligible persons to make a claim upon your estate should they not receive what they consider to be an adequate provision under you Will.

In this regard, we strongly recommend seeking the advice of a lawyer before you attempt to exclude someone from your Will.  Although there may not be much you can do to stop someone contesting your Will, we can at least provide you some rudimentary advice on your situation.

Being prepared

Enduring Power of Attorney

A Will isn’t the only document you should be considering right now. An Enduring Power Of Attorney is often done along side a Will. It’s a separate document that comes into effect while you are still alive.

What would happen if you couldn’t make decisions or act for yourself anymore?

It’s horrible to think about, but have you ever considered who would look after your financial or health decisions if something were to happen to you? For example, if you have to have an extended stay in a hospital and have lost the capacity to act? Who would access and control your accounts to pay for your medical need?

  • Who would stop payments on personal loans or credit cards?
  • Who would talk to the providers for gas or internet to pay bills or get things fixed?
  • What if this a provider for the whole family and your power goes out? Who can talk to them?

Contacting every company you ever have to deal with and updating your records can remedy the above issues. Or, you can do one single document an Enduring Power of Attorney.

What does an Enduring Power of Attorney do?

It allows your Power of Attorney (usually your spouse or other trusted family member or friend) to act in either or both financial and health matters. They can do almost anything you can do.

What happens if you don’t have an Enduring Power of Attorney?

Many people assume that just because they are someone’s spouse or parent, sibling or child, they can step in and act on their behalf. But the reality is, it is much more complicated than that.

Most companies won’t let you act for someone without previous authority, and even then, there are limited things you can do. For example, phone providers will let you provide authority for someone to act on your account, but the person you select often can’t cancel or change the account without a Power of Attorney.

When can an enduring power of attorney be used?

An attorney for personal matters (including health matters) can only make decisions for you when you cannot make those decisions. You can decide when your attorney’s power to make decisions for financial matters begins, including:

  • when you no longer have the capacity to make those decisions
  • immediately
  • from a specific date
  • in particular circumstances or occasions.

Who can make an enduring power of attorney?

To make an Enduring Power of Attorney, you must be 18 or older and understand the document you are signing.

You must also be capable of making the Enduring Power of Attorney freely and voluntarily—not due to pressure from someone else.

You must sign your e Enduring Power of Attorney in the presence of an eligible witness. In signing the Enduring Power of Attorney, the witness certifies that you appeared to have the capacity to make the Enduring Power of Attorney.

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