Wills and Estates

Kroesen and Co Lawyers have a dedicated wills and estates service. Whilst many firms on the Gold Coast draft wills and administer simple estates, they do so as an adjunct to their main area of practice. Kroesen and Co Lawyers are committed to meeting the needs of Gold Coast clients in:

  • Drafting simple and complex wills
  • Drafting testamentary trusts
  • Obtaining Probate
  • Obtaining Letters of Administration
  • Estate Administration including intestacy
  • Estate Planning
  • Estate Litigation including contested wills
  • Solemn Form Proceedings and testamentary capacity issues

Kroesen and Co offers approachable lawyers with a focus on customer service and plain language law. Our office is a comfortable place to come and discuss legal issues, no matter how complicated.

Challenging Capacity – Grant of Solemn Form

Capacity is a general word, used to refer to the ability to form the necessary testamentary intent when creating a will. For a Will to be valid, the will-maker must be able to understand the nature and extent of what they own, and the competing claims on it from dependent relatives. If a will-maker lacks testamentary capacity, the will is likely to be invalid and because of that, the wishes will not be carried out. When deciding whether a will-maker had the necessary capacity to make a will, the Courts consider four things that arose out of a very old…

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When can a Badly Behaved Relative be Left out of a Will?

Family relationships require effort, energy, and hard work. Despite our best efforts, sometimes relationships break down irretrievably. This can often result in a family member being left out of a Will. Unfortunately, deciding to exclude a family member from a Will can have severe financial consequences if not done properly, as it may result in the Will being contested. When drafting a Will, a testator must have regard to a number of factors, including the nature and extent of their estate i.e. what they own, and the competing claims for those assets. In Queensland, spouses, children and dependants are eligible…

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