Protect your family’s future, today.

Estate planning, made straightforward.

A will is one of the most important documents you will ever sign — and one of the easiest to put off. Big Law has been advising on, drafting and executing wills for our clients for many years, and we make the process clear and unintimidating.

Good estate planning is about more than a will. It can include enduring powers of attorney, testamentary trusts to protect vulnerable beneficiaries, the appointment of guardians for young children, and making sure your superannuation is dealt with the way you intend.

We invite you to come in and see one of our Strathpine wills lawyers. We will make sure your loved ones are provided for exactly as you wish, and give you genuine peace of mind in this important area of your affairs.

What makes a will valid in Queensland.

The formal requirements for a will are set out in the Succession Act 1981 (Qld). A valid will must:

• Be in writing — typed or handwritten, on paper or another permanent medium.
• Be signed by the will-maker (or by someone else in their presence and at their direction).
• Be witnessed by two people, present at the same time, who also sign the will.

The will-maker must have testamentary capacity — understanding that they are making a will, the general nature of their assets, and who might reasonably expect to benefit — and must be acting freely, not under pressure.

Intestacy — when the law decides.

If you die without a valid will, you die intestate. The Succession Act 1981 (Qld) then imposes a fixed formula for distributing your estate — generally to your spouse and children in set proportions, and if you have neither, to other relatives in a set order.

The intestacy rules cannot take into account your wishes, your relationships, a blended family, a partner you had not married, or a charity you wanted to support. The outcome is whatever the statute says — and reaching it is often slower, more stressful and more expensive for your family than if you had simply made a will.

Administering a loved one’s estate.

Administering the estate of someone who has died can feel daunting at an already difficult time. The executor named in the will (or, on an intestacy, an administrator) is responsible for gathering in the assets, paying debts and liabilities, and distributing the estate to those entitled.

Depending on the assets, this may require a grant of probate (where there is a will) or letters of administration (where there is not) from the Supreme Court of Queensland. We guide executors and administrators through every step, including the duties they owe and the protections available to them.

Family provision claims in Queensland.

Queensland law respects testamentary freedom — your right to leave your estate as you choose — but it also provides a safety net. Under Part IV of the Succession Act 1981 (Qld), the Supreme Court can order provision from an estate where adequate provision has not been made for the proper maintenance and support of an eligible person.

An eligible person is broadly a spouse (including a de facto or civil partner), a child (including a step or adopted child), or a dependant. The time limits are strict and among the shortest in Australia:

1. Written notice of an intended claim must be given to the executor within 6 months of the date of death.
2. A court application must be filed within 9 months of the date of death.

Whether you are considering a claim, or you are an executor responding to one, early advice protects your position. We act on both sides of family provision matters.

Common questions about wills and estates.