Wills & Estates

Estate planning is the most effective way to transfer and distribute your wealth among your nominated loved ones.

While many people simply write down their wishes in an informal document, family members can contest these decisions before a court.

To ensure that your final decisions are honoured, it is essential that your Will be prepared by a legal expert with specialised experience.

You should have a Will if you’re married, have children, own property or other investments, or own assets such as a car or furniture.

If you die without a Will your assets will be divided according to the laws of intestacy which places emphasis on familial relations with a preference towards the spouse and/or children.

Any property or assets that are remaining after debts have been settled and funeral costs have been paid will be divided according to these rules. 

Your Will can be changed as often as you wish to reflect your wishes and property status. Once the initial Will is formalised, it is easier to make adjustments. It is important to have your original Will, plus any amendments, prepared by a professional solicitor.

Probate is the official recognition of a Will’s validity from the Supreme Court of Queensland. If you are the executor of a Will, you will apply for probate through the Court. If approved, you will be issued a grant which gives you the authority to administer the deceased’s estate. This process usually takes around four weeks.

An Executor of a Will is responsible for making sure that debts and creditors of the deceased are paid off, and that any remaining money or property is distributed according to the deceased’s wishes.

You can appoint up to 4 people to act as attorneys and they must be 18 or older. They cannot be a paid carer, a healthcare provider or someone who is bankrupt.

An advance health directive is a pre-made plan which instructs your loved ones of your wishes for medical treatment in the case that you become seriously ill and are unable to communicate these wishes.

Depending on the specifics of your dispute, your Will dispute may be eligible for our No Win, No Fee payment policy. This means legal costs are only payable if your case is successful. 

Our specialist team will assess your circumstances to ensure they have a certain level of confidence that your case is winnable. For more details see Fees.