Wills & Estates Lawyers in Queensland

Wills and Estates Law in Queensland

Estate planning and administration in Queensland is governed by the Succession Act 1981, Powers of Attorney Act 1998, and Guardianship and Administration Act 2000. Proper estate planning ensures your wishes are carried out, minimises disputes, reduces tax, and protects your loved ones. Queensland wills and estates lawyers provide comprehensive advice on all succession matters.

Will Drafting in Queensland

A valid Queensland will must be in writing, signed by the testator in the presence of two witnesses who also sign. DIY will kits often fail to account for complex family situations, business interests, or Queensland-specific legal requirements. Professional will drafting ensures your estate is distributed according to your wishes, executors are properly appointed, and potential challenges are minimised. Queensland lawyers can include testamentary trusts for asset protection and tax planning.

Estate Planning Strategies

Comprehensive estate planning in Queensland goes beyond will drafting to include Powers of Attorney, Advance Health Directives, superannuation death benefit nominations, and trust structures. Proper planning can protect assets from family provision claims, provide for disabled beneficiaries through special disability trusts, and structure inheritances to protect against bankruptcy or relationship breakdowns. Queensland estate planning lawyers consider your unique family and financial circumstances.

Probate and Estate Administration

Probate is the Supreme Court's formal recognition of a will's validity, granting executors authority to administer the estate. Queensland executors must collect assets, pay debts and taxes, and distribute to beneficiaries according to the will or intestacy rules. The process involves obtaining a Certificate of Title search, advertising for creditors, preparing estate accounts, and obtaining receipts from beneficiaries. Lawyers ensure executors comply with all legal obligations and protect them from personal liability.

Intestacy in Queensland

When someone dies without a valid will in Queensland, intestacy rules under the Succession Act determine distribution. Spouses and children receive priority, with specific formulas based on family composition. Same-sex couples and de facto partners have the same rights as married spouses if the relationship lasted two years or there are children. The Queensland Public Trustee may be appointed administrator if no suitable family member applies. Intestacy often results in unintended outcomes and family disputes.

Contested Wills and Family Provision Claims

Queensland allows eligible persons to challenge a will through family provision applications to the Supreme Court. Spouses, children (including adult children), and dependents can apply if inadequate provision was made for their maintenance and support. Applications must be filed within nine months of death (six months for estates under $250,000). Queensland courts consider factors including financial resources, health, relationship with the deceased, and contributions to the estate. Successful claims can result in greater inheritance or provision from the estate.

Powers of Attorney

Queensland recognises two types of Powers of Attorney: General (for financial matters) and Enduring (continuing if you lose capacity). Enduring Powers of Attorney can be for financial matters, personal and health matters, or both. These documents must meet strict formal requirements under Queensland law and should be prepared by lawyers to ensure validity and appropriate safeguards. The Office of the Public Guardian can investigate suspected misuse of powers.

Advance Health Directives

Advance Health Directives allow Queenslanders to document their wishes for medical treatment if they lose capacity. These legally binding documents can refuse specific treatments, set out values and outcomes, and appoint substitute decision-makers. They're particularly important for end-of-life decisions. Queensland's Advance Health Directive forms must comply with specific requirements to be enforceable.

Guardianship and Administration

The Queensland Civil and Administrative Tribunal (QCAT) can appoint guardians for personal decisions and administrators for financial decisions when adults lose capacity without valid Powers of Attorney. The Public Guardian or Public Trustee may be appointed if no suitable family member is available. QCAT can also review decisions of attorneys and make orders to protect vulnerable adults from financial abuse.