Wills & Estates
We've got you and your loved ones covered
Our experienced Wills and Estates lawyers in Toowoomba are here to guide you through some of life’s most important personal and financial decisions, helping you plan for the future and put appropriate arrangements in place for you and your family.
We provide advice across all areas of Wills and estate planning, including Wills, Enduring Powers of Attorney, Advance Health Directives, superannuation death benefit nominations and testamentary trusts. We understand that conversations about death, incapacity and the future can sometimes feel uncomfortable. Our role is to explain your options clearly and help you make informed decisions that reflect your circumstances and wishes.
Our Wills and Estates team also assists executors and families with estate administration, as well as people dealing with estate disputes and contested estates. Whether you are planning ahead or dealing with an estate after someone has died, we can help you understand the legal and practical steps involved.
How can we help?
I want to plan ahead
Planning for your future can involve more than making a Will. We can help you consider what should happen to your estate after your death, who could make decisions for you during your lifetime, and whether other arrangements such as superannuation or trusts need to form part of your estate plan.
Someone has died
If you are an executor or family member dealing with an estate, we can help you understand what needs to happen next, including probate, administration of the estate and distribution to beneficiaries.
Concerns about an estate
If you have concerns about a Will, an inheritance, an executor or the way an estate is being administered, getting advice early can help you understand your rights, options and any time limits that may apply.
Questions about planning ahead
What happens if I die without a Will?
If you die without a valid Will in Queensland, you are said to have died intestate. Rather than you deciding who receives your estate, the law sets out who is entitled to receive it. Depending on your family circumstances, this may not reflect what you would have chosen.
Making a valid Will allows you to record who you want to administer your estate and how you want your estate dealt with after your death.
Who makes decisions for me if I can't?
An Enduring Power of Attorney allows you to appoint people you trust to make certain financial and personal decisions for you. Your Attorney’s authority for personal and health matters only operates when you do not have capacity to make those decisions yourself, while you can choose when their authority for financial matters begins.
Without an Enduring Power of Attorney, it may be necessary for someone to apply to QCAT for authority to make decisions or manage your affairs.
When should I review my Will and estate plan?
Your Will and estate plan should reflect your life now. Changes such as marriage or separation, the birth of children or grandchildren, changes to your assets or business interests, or changes involving your executor, Attorneys or beneficiaries may mean it is time for a review.
Even if nothing significant has changed, it is worth reviewing your arrangements from time to time to make sure they still reflect your circumstances and wishes.
Questions after someone has died
What does an executor have to do?
An executor is responsible for administering the deceased person’s estate. This can include identifying and collecting estate assets, dealing with debts and expenses, applying for probate where required and distributing the estate to the beneficiaries in accordance with the Will.
The responsibilities will depend on the estate, and executors should understand their duties before dealing with or distributing estate assets.
Do I need probate?
Not every estate requires probate. Whether a Grant of Probate is needed will depend on the assets in the estate and the requirements of the organisations holding or dealing with those assets.
Where probate is required, the executor applies to the Supreme Court of Queensland for a Grant of Probate confirming their authority to administer the estate.
How long does it take to administer an estate?
There is no single timeframe for administering an estate. How long it takes will depend on factors such as the assets involved, whether property needs to be sold, taxation issues, locating beneficiaries and whether any claim or dispute arises.
Some estates can be administered relatively quickly, while more complex estates can take considerably longer. An executor should also obtain advice before distributing an estate to ensure relevant claim periods and other obligations have been considered.
Questions about estate disputes
Can I contest a Will?
In Queensland, certain people may be able to make a claim against an estate if they have not been adequately provided for. This is known as a family provision application.
There are also different circumstances in which the validity of a Will may be challenged, including concerns about the Will-maker’s capacity, undue influence or whether the Will was properly made. Contesting a Will and challenging the validity of a Will are different types of claims, so obtaining advice about your particular circumstances is important.
How long do I have to contest a Will?
Strict time limits apply to family provision applications in Queensland. Generally, notice of an intended application must be given to the executor within 6 months of the date of death, and the application must be commenced within 9 months of the date of death.
Different considerations may apply depending on the type of estate dispute and what has already happened with the estate. If you are considering making a claim, it is important to obtain advice promptly rather than waiting for a time limit to approach.
What can I do if I'm concerned about an executor?
Executors have responsibilities when administering an estate. Concerns can arise about delays, a lack of information, the way estate assets are being dealt with or whether the executor is properly carrying out their duties.
What can be done will depend on the nature of the concern and the circumstances of the estate. Obtaining advice can help you understand the executor’s obligations, your rights as a beneficiary or other interested person, and what steps may be available.
Talk to our Wills & Estates team
A Flexible Way to Fund Your Estate Administration Matter
Managing a deceased estate and the probate process often means covering more than just legal fees. Executors can face costs like insurance, property maintenance, and other expenses — often out of their own pocket, with reimbursement to come later. They may even want to improve assets prior to sale.
Through our partnership with JustFund, eligible Executors and Beneficiaries can access flexible funding to cover these expenses as well as legal fees, with no repayments until probate is finalised. This helps ease financial pressure while ensuring the estate is preserved. Contact us for more information, or visit JustFund.com.au