Is your Will outdated? Perhaps you do not have one at all. The Public Trustee offers a professional, free, Will-making service to all Queenslanders over the age of 18. We make the process quick and easy, using a specifically designed Will-making system to ensure that your Will caters to your individual needs.

Our process makes sure that no aspect of your personal circumstances is overlooked and our professionally trained Will-makers are equipped to answer most queries. In addition, we have an experienced legal team on hand to clarify any complex details.

Making a Will with The Public Trustee also means there is no risk of your Will being lost or destroyed because we keep the original in safe deposit at no charge.

To make an appointment to have your Will made free of charge, contact us. Assistance is available for people who are vision or hearing impaired or who need an interpreter. Under special circumstances our Will-makers will visit your home, nursing home or hospital.

Preparing a Will is essential. Leaving a clear guide of how you want your assets distributed by your chosen executor/s is cost efficient and may avoid lengthy court battles over “who gets what”.

Dying intestate (without a Will) means that there is no guarantee that your assets will be distributed as you would like them to be.

Making or altering your Will is particularly important when life circumstances change. We recommend you review your Will every three to five years to ensure that it still reflects your wishes. For example, it may be necessary to change your Will if any of the following occur:

• Marriage
• Divorce or separation
• Enter into a defacto relationship
• Birth of children or grandchildren
• Death of your executor or a beneficiary
• Change in your financial circumstances

It is important to note that your Will is revoked or cancelled if you get married, unless it is made in contemplation of marriage. Divorce does not revoke a Will but it cancels any provision in favour of the former spouse.

A Will also provides you with the opportunity to name guardians for your children, establish a trust or donate to charity through an organisation such as the Queensland Community Foundation.

It is important to remember when nominating an executor, to choose someone you can trust and who understands legal and financial matters.

Although many people see it as a compliment to appoint a friend or relative as executor they fail to consider that what they are asking is a huge task for someone who may be in a state of grief. The work involved is complex and time-consuming, requiring an understanding of law, accounting and taxation. For these reasons, and the fact that your executor may die before you, appointing a friend or relative is not always the best idea.

Additionally, it may be helpful to have an impartial mediator to negotiate sensitive family issues or handle conflict. Because of this, it makes sense to appoint The Public Trustee as your executor. We are impartial, permanent and accessible. The Public Trustee is committed to carrying out the executor’s duties in full consultation with beneficiaries.

Alternatively, we provide services for private executors to assist in the various roles they may undertake. Private executors may also renounce their appointment and request The Public Trustee to attend to the administration of the estate.

Executor’s duties may include: establishing and paying debts and taxes; collecting assets; obtaining court orders; establishing beneficiaries and trusts and paying legacies.

It is important to note that an executor’s duties may not cease when the final distribution has been made. They may have to continue in the role of trustee where assets are held for children until they turn 18 or where income from an estate is payable to its beneficiaries during their lifetime.

Generally, each estate administration has four stages. You can view a diagram to assist you in understanding the process.

Whether a private executor or The Public Trustee administers an estate, the process can be lengthy. Generally, 90% of the deceased estates administered by The Public Trustee are distributed within six months. However delays beyond our control may occur. Some examples are: problems with Wills or collecting assets, difficulties with taxation or family matters or administering complex assets such as companies and partnerships. These complications usually mean the estate takes longer to complete.

Like all trustee companies and solicitors, The Public Trustee charges a fee for the administration of a deceased estate. Our executor fees for administering a deceased estate are individually determined according to the amount of work required to administer an estate.

In determining the amount of the executor fees for administering an estate, we will take into account the:

• Number and type of assets
• Ownership of each asset (joint, single, tenants in common etc.)
• Number of people/organisations who will benefit from the estate
• Complexity of the work required to distribute the assets and discharge the liabilities.
  

At the time of making your Will we can give you an estimate of the likely costs to administer your estate based on your assets at that time.