Background Linda Blackburne is acting regional manager of Ipswich, Gatton, Beaudesert, Logan and Toogoolawah area. The staff are there to assist people who did not leave wills there are 500 staff throughout the state and are based at courthouses rather than people having to go into the city office if you want to go to update your will etc. In the last financial year they processed 24000 wills and 3600 Enduring Powers of Attorney. They sold 172 houses and also sell Q fleet vehicles and hoon car auctions. The Public Trustee of Qld also acts as trustee for some philanthropic associations.
Linda normally does a talk once a week. The Public Trustee of Qld can prepare a will free of charge regardless of complexity and who is the executor.
WHY DO YOU NEED A WILL?
Your wishes are not known, there is an order of merit if interstate it takes longer and therefore costs more money.
At each of the following stages a decision affects a will
- Age 18
- Marriage
- Enter de-facto relationship
- Birth of child/grandchild
- Changes in business assets
- Move interstate/overseas (state based legislation)
- retire
- change in beneficiaries
- loss of spouse or partner
- separate
BENEFITS TO HAVING A WILL PROFESSIONALLY PREPARED
Do not use do it yourself kits prepare in tried and tested formats. If you have made a mistake or it is not clear the estate will have to get it sorted out and that will be done by the Supreme Court. That will be expensive and time consuming.
Through the Public Trustee of Queensland there is safe and free storage of 930,000 wills in the state.
Use of simple English do not use gobbledegook. It has been done since 1916 and is reliable and accountable.
Just phone for an appointment and will take about an hour of your time before coming decide who your beneficiaries will be. Children or grandchildren under the age of 18 need guardians as they are unable to hold assets until they turn 18, so need to be held in trust.
If assets are held as joint tenants, will need to consider other than the partner siblings may also hold property. You need to consider who will be the executor they must be able and be trustworthy and can undertake the legalities. These are: pay all debts, pay taxes, find assets, obtain court orders and then obtain probate, defend any claims against the estate if there is a contest to the will then will need legal assistance. If the executor is a family member they can be in a difficult role it can also be an onerous one.
Whereas the Public Trustee of Queensland is always impartial never in conflict. They are skilled in dealing with family conflicts at times of stress. There is a floor of solicitors if required, and also a taxation unit and a valuation department.
The cost is not a percentage based on the work that is done but a fee for the service. Dependent upon what the assets are, the nature of the estate if there is a large share portfolio etc.
ENDURING POWER OF ATTORNEY
This is a document you make to choose if you are unable to make decisions for yourself both financial and personal such as where you live, the care you receive, medical treatment, diet, dress etc. It is a very powerful document.
You should decide who is the most appropriate person to act for you it is in YOUR interest. There is not a limit in numbers can be your spouse and/or your children.
The Public Trustee will act for the financial side of your affairs and the Adult Guardian can be appointed for your personal affairs.
The charge for EPA from 1st July is $156 and for two is $237. If the Public Trustee does the EPA the will is free also for flood affected clients too.
Can do an EPA and will at the same time takes a little longer than an hour.
Wills can be kept free of charge if solicitors are not willing to keep them.
ADVANCED HEALTH DIRECTIVE
The Public Trustee will semi prepare the document for you will send it away with you for your doctor to sign, then it is not stored it should be to hand for you to have if you go into hospital. It is most important for details of treatment that is to be given and resuscitation etc.
FINALLY DON’T KEEP ANY INFORMATION A SECRET.
Tell people what you have done and where the documents are held you don’t need to disclose the contents just let them know where they can be found. Also it is prudent to consider substituting beneficiaries if you want to cover in case both go at the same time.
PUBLIC TRUSTEE OF QUEENSLAND 3213 9288 www.pt.qld.gov.au
Appointments at Beenleigh Courthouse every Tuesday & every second Thursday 9am – 3pm
Phone 5588 5333 Will making appointments for City 1300 360 044
