Our Fees

A standard Will is one that provides for standard estate distribution, that is:

1. Initial: 100% to spouse if alive.
2. If spouse not alive then:
   • specific gifts to nominated beneficiaries, then
   • 100% of residue shared equally between the children.
3. If a child predeceases parents, then that child’s share of residue goes to their children (i.e. grandchildren), if any.
4. If no children or grandchildren then, for example, to siblings and siblings-in-law equally (or their children if beneficiary predecease will makers). If there is no surviving spouse or partner then second, third and fourth distributions apply.

Estate

everything that you own at the date of your death

Beneficiary

to whom you have left a share of your estate

Residue

everything left over after payment of your debts and expenses

A standard Will plus:

• non-standard distributions; and/or
• clauses drafted to address particular circumstances;
• blended families;
• life estates and rights to reside;
• ownership of business interests;
• dealing with interfamily loans.

A testamentary trust is a trust that is contained in a Will and is only operative on the client’s death.

There are different types of testamentary trusts depending on the client’s requirements and risk profile.

A flexible testamentary trust can give to the beneficiaries of your estate significant tax savings by streaming income in a way to lower tax.

Without losing the tax advantages of the flexible form, a testamentary trust can be adapted for asset protection to ensure that, to the greatest extent possible, the property you leave to your family will be kept safe for their lifetime.

What is a Power of Attorney?

A power of attorney (POA) is a legal document that allows you to nominate someone to act as your decision-maker and manage certain decisions on your behalf. Your decision-maker is known as the ‘attorney’ and you are known as the principal.

In Queensland, a power of attorney can cover:

• Financial decisions — for example, administering your bank accounts, paying your bills, buying or selling shares, managing your superannuation funds, buying or selling property.
• Personal or health decisions — for example, where you live, who you live with, your day-to-day life in the community, who you see, what activities you do, which healthcare services you receive.

The power of attorney can authorise your attorney to act in all financial, personal and health matters, or you can choose to appoint an attorney to act only for financial or personal matters.

You can also appoint different attorneys for each role, and you can set limits on the decisions they are able to make — for example, only decisions about buying and selling real estate.

To appoint a power of attorney, you must:

• be 18 years of age or older;
• understand the effect of making a power of attorney.

What is an Advance Health Directive?

An Advance Health Directive (AHD) is a legal document that allows you to:

• specify medical treatments you consent to or refuse;
• appoint a health attorney to make healthcare decisions on your behalf;
• include instructions for critical scenarios, such as life-sustaining treatments or palliative care.

AHDs are legally recognised in Queensland and are distinct from Wills or enduring powers of attorney, focusing solely on end-of-life decisions.

A Grant of Probate is required if your loved one had a valid Will.

• Deceased created a Will
• Executors of Will apply
• Initial consultation with lawyer
• Preparation of documents
• Lodgement of court documents
• We will provide you with a checklist of the duties you must fulfill as the executor of the estate.

Letters of Administration are required when your loved one had no will, or their will is partially invalid.

• Deceased didn’t have a Will
• Deceased had a Will but is partially invalid
• Family members apply
• Initial consultation with lawyer
• Preparation of documents
• Lodgement of court documents
• We will provide you with a checklist of the duties you must fulfill as the administrator of the estate.

Choose our Basic Consent Orders if you have a single property and superannuation isn’t part of the equation. This bundle includes either (not both):

• Draft Application for Consent Orders and Proposed Orders about property, or
• Basic parenting orders that outline children’s living arrangements, visitation schedules, and special occasion plans.

Quoted price is conditional on disclosure having already been exchanged between both parties. Extra fees incurred if disclosure is yet to be exchanged.

Everything that is included in The Basics bundle. However, this is more suitable if you:

• You own more than one property, or
• You are seeking to split superannuation

Quoted price is conditional on disclosure having already been exchanged between both parties. Extra fees incurred if disclosure is yet to be exchanged.

Suitable if included in your property pool is a company, trust, self-managed super fund or multiple properties.

A Binding Financial Agreement details how a couple’s assets and financial resources will be divided in the event of a relationship breakdown or separation. It can be established before, during, or after a marriage or de facto relationship, offering both parties certainty and protection without requiring court approval.

Note: $2,500 advice and review documents prepared by another solicitor.

This is the quickest and most cost-effective option for people newly separated to come to a workable agreement for their children and/or property settlement. We have excellent lawyers who handle all matters including complex situations.

• Up to 4 hours — consults with you and up to 4 hour conference (Includes: pre-mediation conference, preparation for mediation, and attendance at mediation), suitable for Parenting OR Property Matters.
• Up to 6 hours — up to 6-hour conference (Includes: pre-mediation conference, preparation for mediation, and attendance at mediation), suitable for complex parenting or property matters or where both parenting and property matters are to be dealt with.

Mediation sessions can be conducted face to face at our Hervey Bay office or via TeamViewer/Zoom.

Outlays such as Court Filing Fees and Service Fees are not included in fixed priced services.

If you come to an agreement at the mediation, we can formalise them, and make them legally binding once sealed by the Federal Circuit and Family Court of Australia (Consent Orders).

If no agreement can be reached between you, an application can be made to the Federal Circuit and Family Court of Australia to seek parenting and/or property orders, both final and interim orders.

If no agreement is reached in the time limit set by the FCFCOA, further preparation of documents to apply or respond for Interim & Final Orders.

Ongoing legal fees we will inform you of as your matter proceeds through the court.

Outlays such as Court Filing Fees, Service Fees, and dispute resolution practitioners fees are not included in fixed priced services.

• Up to 4 hours — consults with you and up to 4-hour conference (Includes: pre-mediation conference, preparation for mediation, and attendance at mediation).
• Up to 6 hours — consults with you and up to 6-hour conference (Includes: pre-mediation conference, preparation for mediation, and attendance at mediation).

If you come to an agreement at the mediation, we can formalise them, and make them legally binding once sealed by the Federal Circuit and Family Court of Australia (Consent Orders).

Outlays such as Court Filing Fees, Service Fees, and dispute resolution practitioners fees are not included in fixed priced services.

Our fixed fee divorce service includes:

• An initial consultation with you to collect information and verify that you can proceed with a divorce application
• Preparing a draft Application for Divorce for your approval
• Filing your Application for Divorce with the Federal Circuit and Family Court of Australia