Logan Lawyers

We're a boutique, female-led, Logan City law practice that specialises in working with family business owners. Led by our Principal Solicitor, Carolyn Ryder, we offer trusted business advice, property law, family law and estate planning services. Setting up a will is one of the most important parts of planning for your death. Drafting the will yourself is less costly and may put you out about $150 or less. Depending on your situation, expect to pay anywhere between $300 and $1,000 to hire a lawyer for your will. Many married couples own most of their assets jointly with the right of survivorship. When one spouse dies, the surviving spouse automatically receives complete ownership of the property. This distribution cannot be changed by Will. You may be tempted to try and save money by picking up a Will Kit from the Post Office. But be warned – there is a risk that a will made using a standard Will Kit may be found to be invalid. The Court refused to recognise these documents as valid wills. ... Whether or not there's a legally valid Will has no bearing on whether Probate is required. Probate is not required exclusively on Estates where the person died Intestate (meaning without a Will). In fact, Probate is required on a lot of Estates where there is a Will. No. An executor of a will cannot take everything unless they are the will's sole beneficiary. ... However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate's best interests and distribute the assets according to the will. If a person dies without a valid will, there is no executor and therefore they have died intestate. Therefore, the next of kin, such as a spouse, takes on the role of administering the deceased's estate. ... Note: If there is no will, the assets go to the next of kin according to schedule in the Succession Act 1981.