by Pretty Marketing | Sep 1, 2026 | Insights
If you’ve been named as an executor in a Will, one of the first things you may hear is: “You’ll need probate.”
Probate is simply the Supreme Court of Queensland’s formal confirmation that:
- the Will is the deceased person’s last Will, and
- the executor has authority to deal with the estate.
Not every estate needs probate, but many do—especially where there’s a refundable accommodation bond, larger bank balances, shares, or multiple institutions involved.
Below is a practical, step-by-step overview of how a probate application usually works in Queensland.
Step 1: Work out whether you actually need probate
Before you start paperwork, check what assets exist and whether a grant is required to access or transfer them.
Some banks and institutions may release smaller amounts without probate (it depends on the institution and the value). For real property, probate is commonly also not required.
Step 2: Confirm who is applying
Usually, the person applying is the executor named in the Will.
If more than one executor is appointed, they’ll usually either:
- apply together, or
- decide that one applies and the other steps back formally (there are set processes for this).
Step 3: Gather the key documents
Most probate applications come down to having the right documents ready:
- the original Will (not a photocopy)
- the death certificate (or proof of death if the certificate isn’t ready yet)
- basic personal details (full name, any other names used, last address, occupation)
- a list of the estate’s assets and debts (even if it’s only an estimate to begin with)
Tip: if the name on the Will, death certificate, and bank accounts don’t match exactly (middle names, spelling differences, etc.), it’s best to identify that early—those small differences often cause delays later.
Step 4: Publish the required notice online
In Queensland, you generally need to publish a notice online saying you intend to apply for probate. This gives anyone with an interest in the estate an opportunity to come forward.
There is usually a waiting period after the notice is published before you file your application.
Step 5: Prepare the probate application
A standard probate filing usually includes:
- the probate application form
- an affidavit from the executor (confirming the death and identifying the Will)
- evidence that the required notice was published
- the original Will lodged with the court
Most “simple” applications are straightforward, but if the Will has unusual features (for example, alterations, missing pages, or clear signs it has been unstapled, or even a paperclip removed), the court may require extra explanations and evidence.
Step 6: File the application and pay the court fee
Once everything is prepared:
- the application is filed with the Supreme Court of Queensland, and
- the filing fee is paid (fees vary and can depend on the type of filing).
Step 7: Deal with any follow-up questions from the court
It’s quite common for the court registry to ask for extra information before granting probate.
Typical follow-ups include:
- confirming identity when names differ across documents
- clarifying how the Will was signed and witnessed
- explaining marks or alterations on the Will
If this happens, you usually respond with additional paperwork (often a further affidavit).
Step 8: Probate is granted
Once the court is satisfied, it issues the grant of probate.
This is the document that most banks, share registries, and other organisations will ask for before they release or transfer estate assets.
Step 9: Administer the estate (collect, pay, then distribute)
After probate, the executor’s main job is to:
- collect the estate assets,
- pay debts and expenses (and deal with tax where needed),
- then distribute what remains to the beneficiaries in line with the Will.
Two common “it’s not standard” scenarios
Some estates don’t fit the simple pathway above, including:
| Scenario |
What it usually means |
| There’s no Will (or no executor available) |
You may need a different type of court authority (letters of administration). |
| The original Will can’t be found |
A “copy Will” application may be possible, but it generally needs much more evidence. |
Final takeaway
Probate in Queensland is a process, not a single form. The key is doing the steps in the right order: confirm you need probate, gather the documents, publish the notice, file properly, and be ready to answer any follow-up questions.
If you’re unsure whether probate is required—or you suspect there may be issues with the Will—getting advice early can save a lot of time, cost, and stress later.
by Pretty Marketing | Sep 1, 2026 | Insights
A Will is one of the most personal legal documents you’ll ever sign. It can also be one of the most expensive to “fix” if it’s done poorly.
If you’re on the Sunshine Coast and looking for a wills and estates lawyer, the easiest way to choose well is to ask a few practical questions up front. The answers will tell you a lot about experience, approach, and whether the lawyer is a good fit for your situation.
Below is a guide to what to ask (and why it matters).
1) “Do you have a dedicated Wills & Estate Planning team?”
Wills and estates is its own area, with details that can cause real problems later if they’re missed (often not until someone dies).
A useful question is whether the firm has a genuine team in this space, rather than one person who “also does Wills”.
If you want to compare firms on the Sunshine Coast, ask:
- How many solicitors in the firm actively practise in wills and estate planning?
- What happens if your solicitor is away — is there another solicitor in the team who can step in?
At Spire Law, there are 7 solicitors who practise in Wills and Estate Planning, which means clients can access a broader mix of experience and continuity of support.
2) “Can I meet at an office that’s convenient for me?”
Estate planning usually involves at least two touchpoints:
- the advice/strategy appointment, and
- the signing appointment (which must be done properly).
If it’s hard to get to the lawyer, it often gets delayed.
Ask:
- “Where are you located?”
- “Can I meet in person close to home or work?”
- “Do you have multiple local offices?”
Spire Law has 5 offices across the Sunshine Coast, which can make it easier to book appointments locally and keep the process moving.
3) “What’s included in your price—and what’s extra?”
Not all “Will packages” are the same. Before you proceed, ask for clarity about what the quote actually covers.
A helpful quote should tell you whether it includes:
| Item |
Worth asking because… |
| Initial appointment (and how long) |
Some matters need more than a quick chat |
| Drafting and revisions |
You’ll usually want at least one round of changes |
| Signing appointment |
Execution must be done properly to avoid problems later |
| Secure storage of originals |
Lost wills cause delays and cost |
| Enduring Power of Attorney |
Often just as important as the Will |
| Advance Health Directive |
Commonly done alongside an EPOA |
| Testamentary trust drafting |
Usually an additional cost (and should be) |
| Superannuation nomination guidance |
Your Will may not control super at all |
Also ask whether the fee is:
- a fixed fee,
- an estimate, or
- hourly billed (and what the likely range is).
4) “How do you make sure the Will actually matches my life (not a template)?”
Good estate planning starts with questions, not forms.
Ask how the lawyer will identify and plan for:
- your family structure (including stepchildren and second relationships)
- your assets (including jointly held property)
- superannuation and life insurance arrangements
- business interests (company/trust structures)
- any vulnerable beneficiaries (disability, addiction, financial risk)
- what conflict might look like later (and how to reduce it)
A practical sign of a good process is that the lawyer can explain the why behind each clause, and how it works in real life.
5) “How do you handle blended families?”
Blended families are common—and they’re one of the most common sources of estate disputes.
Useful questions include:
- “If I leave everything to my partner, how do I protect my children from a previous relationship?”
- “Can my partner change their Will later?”
- “What options are there other than ‘everything to spouse’ or ‘split between kids’?”
You’re looking for a lawyer who can explain options in plain language, such as:
- specific gifts vs residue planning
- rights of residence / life interests
- testamentary trusts
- staged distributions
- superannuation nomination strategies that align with the Will
6) “Do you talk to me about superannuation and death benefits?”
Superannuation is often one of the biggest assets a person has—and it often doesn’t automatically go where your Will says.
Ask:
- “Will you review my super arrangements as part of the estate plan?”
- “Do you help me think about binding vs non-binding nominations?”
- “How do we make sure my Will and my super nominations don’t contradict each other?”
If super isn’t discussed at all, it’s worth questioning whether the advice is complete.
7) “What’s your approach to reducing the risk of a dispute later?”
No lawyer can guarantee nobody will ever challenge an estate plan. But good planning can reduce risk.
Ask what steps they take to lower the chances of a dispute, for example:
- clear drafting (so there’s less room for arguments)
- documenting the background (where appropriate)
- capacity safeguards if there are health concerns
- ensuring proper, independent witnessing and signing procedure
- discussing common “pressure points” within families
A good answer is practical and calm—not vague reassurance or scare tactics.
8) “If I’m older or unwell, how do you deal with capacity concerns?”
If there’s any chance someone could later argue the Will-maker didn’t understand what they were signing, the process should be handled carefully.
Ask what they do to protect the Will in higher-risk situations, such as:
- taking detailed instructions and file notes
- meeting the Will-maker alone (where appropriate)
- asking clear questions to confirm understanding
- recommending further safeguards if needed
This can be the difference between a Will that stands up and a Will that becomes a court problem.
9) “Who should be my executor—and what will they actually have to do?”
Many people pick an executor based on closeness, not suitability.
Ask:
- “What does an executor actually do in Queensland?”
- “Is probate likely to be needed for my estate?”
- “Should I appoint more than one executor?”
- “When does it make sense to appoint a professional executor?”
A good lawyer will help you choose someone who can actually do the job, and explain what the role involves in everyday terms.
10) “How will my documents be stored—and how will my family find them?”
This is a simple question that prevents big problems later.
Ask:
- Where will the original Will be stored?
- Will I get copies?
- What should I tell my executor?
- How does retrieval work if my family needs it?
A “perfect” Will is not much help if nobody can find it.
11) “When should I update my Will and estate plan?”
Wills and estate plans aren’t set-and-forget.
Ask what review triggers they recommend, such as:
- marriage, separation, divorce, or a new de facto relationship
- new children or grandchildren
- buying or selling property
- starting/selling a business
- major changes to superannuation
- death or incapacity of an executor or beneficiary
It’s also reasonable to ask whether the firm has a clear review process you can return to over time.
Quick checklist: questions to take to your first appointment
| Question |
What a good answer sounds like |
| Do you have a dedicated wills team? |
More than one solicitor in the practice area (continuity matters) |
| How many solicitors practise in Wills & Estate Planning? |
A clear, specific answer |
| How many local offices do you have? |
Convenient access for advice and signing |
| What’s included in the fee? |
Clear inclusions, clear exclusions, no surprises |
| Will you discuss superannuation? |
“Yes—your Will and super should be aligned.” |
| How do you handle blended families? |
Explains options and asks the right family questions |
| How do you reduce dispute risk? |
Practical steps, not vague reassurance |
| Where is the original stored? |
Secure storage and a clear retrieval process |
| When should I review this? |
Clear triggers and sensible timeframes |
Final takeaway
Choosing the right wills and estates lawyer isn’t about finding the cheapest option—it’s about finding someone who asks the right questions, explains your options clearly, and gives you a plan that fits your family and your assets.
On the Sunshine Coast, it’s worth looking for two things that make the process smoother:
- depth in the wills and estate planning team (so you’re not relying on a single person), and
- genuinely local access (so appointments and signing don’t become a barrier).
Spire Law’s team of 7 solicitors practising in Wills and Estate Planning, supported across 5 Sunshine Coast offices, is built around those practical advantages—while keeping the focus on what matters most: a clear plan your family can follow.
by Pretty Marketing | Aug 31, 2026 | Insights
Most people think powers of attorney are only for older people, or for people with major assets.
In reality, an Enduring Power of Attorney (EPOA) is one of those “boring but essential” documents almost every adult should have—because it’s not really about money. It’s about what happens if you can’t make decisions for yourself, even temporarily.
What is an Enduring Power of Attorney?
An EPOA is a legal document where you choose someone you trust (your attorney) to make decisions for you if you can’t.
Depending on how it’s set up, it can cover:
- financial decisions (like paying bills, dealing with banks, selling or managing property), and/or
- personal and health decisions (like medical treatment and living arrangements).
The key word is enduring — it continues to operate even if you lose decision-making capacity.
The real reason you need one: life happens
Loss of capacity isn’t only caused by dementia. It can happen at any age due to:
- an accident (car crash, fall, workplace injury)
- a stroke or sudden illness
- surgery complications
- mental health crisis
- short-term incapacity (even if you later recover)
If you’re unable to sign documents, access accounts, or make decisions, everyday life can grind to a halt—fast.
Without an EPOA, your family may be stuck
A common assumption is: “My spouse/partner can just handle it.”
Often, they can’t—at least not legally, and not without delays.
Without an EPOA, your loved ones may have to apply to a tribunal or court for authority to act for you. That can mean:
- extra stress at the worst possible time
- waiting weeks or months for appointments and orders
- legal costs and paperwork
- uncertainty about who will be appointed and what powers they’ll get
Even where family members agree, organisations like banks, super funds, and government departments usually need formal legal authority before they will deal with someone on your behalf.
It helps with the “everyday” things, not just big decisions
An EPOA can be the difference between things running smoothly and everything being frozen.
Examples of what your attorney may need to do:
- pay the mortgage or rent
- manage utilities and insurance
- deal with Centrelink, Medicare, NDIS, or aged care paperwork (where relevant)
- manage business commitments
- renew registrations, handle car insurance, manage loans
- arrange care and living arrangements if you can’t safely live at home
It’s often the small practical decisions that matter most in the first few days and weeks.
You stay in control by choosing the right person (and setting boundaries)
An EPOA is not “handing over your life”.
You can tailor it, for example by:
- appointing one person or more than one (and deciding whether they must act together or can act separately)
- appointing different people for financial decisions and personal/health decisions
- including instructions or guidance about how you want decisions made
- requiring consultation with certain family members (if appropriate)
- setting when the power starts (for example, immediately, or only if you lose capacity)
The point is: you decide the rules while you have capacity, rather than leaving it to a crisis later.
It can reduce conflict later
When there’s no document in place, families can end up in conflict about:
- who should make decisions
- what the person “would have wanted”
- money management during incapacity
- medical and care choices
A properly drafted EPOA doesn’t prevent every disagreement, but it gives clarity about who has authority and helps decisions happen quickly.
“I’m young and healthy” is exactly why now is a good time
An EPOA is easiest to do when:
- you’re well
- you have time to think about who you trust
- you can discuss it calmly with family
- there’s no immediate pressure or crisis
Waiting until something goes wrong can mean it’s too late to sign one.
The takeaway
Every adult needs an Enduring Power of Attorney because capacity issues can arise suddenly—and when they do, someone needs legal authority to step in.
An EPOA is a simple way to:
- protect yourself
- protect your family
- keep life running if the unexpected happens
If you haven’t put one in place, it’s worth doing while you can choose the right person and set the rules on your terms.
by Pretty Marketing | Aug 30, 2026 | Insights
When someone says they want to “contest a Will”, they can mean two different things. In Queensland, those two paths have different rules, deadlines, and risks around costs.
This post explains:
- the common grounds people rely on
- the key time limits
- what to expect about costs
1) Two different types of Will disputes
A. “The Will is valid, but it isn’t fair to me” (Family Provision Claim)
This is the most common kind of “contesting”. You’re not necessarily saying the Will is fake or invalid. You’re saying the deceased didn’t leave you enough (or anything) for your proper maintenance and support.
B. “This Will shouldn’t stand at all” (Validity Challenge)
This is where you say the Will should not be accepted because something went wrong when it was made (for example, the person didn’t understand what they were signing, or they were pressured).
2) What grounds are needed?
A. Family Provision Claim (contesting the Will)
To bring a family provision claim, two things matter:
You must be eligible
In Queensland, only certain people can apply, generally:
- a spouse (including a qualifying de facto partner),
- a child, or
- a dependant (in the legal sense).
You must show “not enough provision”
The court isn’t deciding whether the Will was “nice” or “fair” in a general sense. The key question is whether the Will (and the overall estate plan) failed to make adequate provision for your proper maintenance and support.
Things that commonly matter include:
- your age, health, income, assets and financial needs
- the size of the estate
- your relationship with the deceased (and its history)
- what the deceased did for you (or you did for them) during their lifetime
- what other beneficiaries need, and any competing claims
- whether you’ve already received significant gifts or support
- conduct that might count against you
B. Validity Challenge (challenging the Will)
A validity challenge is about whether the Will should be accepted as the deceased’s true last Will.
Common grounds include:
| Ground |
What it means in everyday terms |
| Lack of capacity |
The person didn’t understand what a Will is, what they owned, or who should be considered when they signed it. |
| Lack of knowledge/approval |
The person signed, but didn’t really understand or agree with what was in the document (often raised where there are “red flags” around how it was prepared). |
| Undue influence |
Someone pressured/coerced the person so the Will reflects the influencer’s wishes, not the deceased’s real wishes. |
| Fraud/forgery |
The Will or signature isn’t genuine, or the document was dishonestly created/changed. |
| Execution problems |
The Will wasn’t signed/witnessed correctly (although the court can sometimes accept an informal document as a Will in certain circumstances). |
| Revocation/later Will |
There’s a later Will, or the Will was revoked, or something happened that affected it. |
Some disputes aren’t about invalidity but about what the wording means (interpretation). That’s a different type of court application again.
3) Time limits (this is where people get caught out)
A. Family Provision: strict deadlines from the date of death
These deadlines generally run from the date of death (not from when you receive a copy of the Will, and not from when probate is granted):
| Step |
Time limit (generally) |
| Give written notice to the executor / personal representative |
Within 6 months of death |
| File the court application |
Within 9 months of death |
Late claims can be possible, but only with the court’s permission, and they can be much harder—especially if the estate has already been distributed.
B. Validity challenges: no matching “6 and 9 month” rule, but don’t delay
Validity challenges don’t have the same fixed 6/9 month deadlines. However, waiting is risky.
As a practical matter, concerns about validity should be raised as early as possible, ideally before probate is granted. Once probate is granted and the estate is distributed, it can become more complex and expensive to unwind.
Important: Taking steps in a validity dispute doesn’t automatically protect a family provision claim. If you might have a family provision claim too, those 6- and 9-month deadlines still matter.
4) What about costs?
Costs in estate disputes are not automatic. The court has a broad discretion, and outcomes often depend on:
- how strong the case is
- how people behave during the dispute
- whether the matter could have been resolved earlier (including by mediation)
- whether legal costs are proportionate to the size of the estate
Family Provision costs
Often, if an applicant is successful (or partly successful), the court may order that some or all of their legal costs be paid out of the estate. But it isn’t guaranteed.
If a claim is weak, exaggerated, or run unreasonably, an applicant can end up paying their own costs—and in some cases may be ordered to contribute to other parties’ costs.
Validity challenge costs
Validity challenges can be especially risky on costs. If you lose, you may face an order to pay costs—particularly if the court thinks the challenge was speculative.
On the other hand, if there were genuine reasons to question the Will (for example, suspicious circumstances), the court may order that costs come out of the estate, depending on the facts.
Takeaways
- “Contesting” a Will can mean family provision (not enough provision) or validity (the Will shouldn’t stand).
- Family provision claims have strict deadlines: notice in 6 months and file in 9 months from the date of death.
- Validity challenges don’t have the same deadlines, but delay can make things harder—especially after probate and distribution.
- Costs are discretionary: the estate doesn’t automatically pay, and weak or unreasonable claims can be costly.
by Pretty Marketing | Aug 29, 2026 | Insights
Estate planning is one of those things most people intend to “get around to”, until a health scare, a relationship change, or a death in the family makes it urgent.
A good Queensland estate plan usually covers more than just a Will. It’s about:
- who can make decisions for you if you can’t, and
- what happens to your assets (and your family) when you die.
This guide explains the essentials in a practical, easy-to-follow way.
1) What is estate planning (really)?
A Will is a big piece of the puzzle, but it isn’t the whole picture. A complete plan often includes:
| Document / topic |
What it does |
When it operates |
| Will |
Sets out who receives your estate assets and who administers them |
After death |
| Superannuation nomination |
Helps direct who receives your super death benefits (which may not follow your Will) |
After death |
| Enduring Power of Attorney (EPOA) |
Appoints someone to make financial and/or personal/health decisions if you can’t |
During your lifetime (ends on death) |
| Advance Health Directive (AHD) |
Records health directions for a time when you can’t communicate decisions |
During your lifetime |
| Asset ownership review |
Joint ownership, trusts, companies, and nominations can override a Will |
Now and after death |
| Testamentary trust planning |
Builds flexibility and protection into the Will for beneficiaries |
After death |
2) What a Will does (and what it doesn’t)
What a Will usually controls
A Will generally deals with assets that form part of your estate, such as:
- real estate held in your sole name (or as tenant in common)
- money in personal bank accounts
- shares held in your personal name
- personal items and valuables
- refunds owed to you (depending on the situation)
What may sit outside your Will
Some assets can pass outside your estate (and outside your Will), for example:
- jointly owned assets held as joint tenants (often pass automatically to the surviving owner)
- superannuation death benefits (often paid at the trustee’s discretion or under a nomination)
- life insurance paid directly to a nominated person
- assets owned by a family trust or company (your Will may only deal with your role/control, not the underlying assets)
Practical tip: many “surprise” estate outcomes happen because people assume their Will controls everything.
3) What makes a Will valid in Queensland?
Queensland has rules about how a Will must be signed and witnessed. In general, a valid Will should be:
- in writing
- signed by the Will-maker
- signed in the presence of two witnesses who are both present at the same time
- signed by those witnesses
Also, the Will-maker must have capacity (see below).
Capacity (in everyday terms)
To make a Will, a person should understand:
- they are making a Will and what that means
- broadly what they own
- who would normally be considered (for example, partner, children)
- the practical effect of what they are doing (who gets what)
Capacity issues can arise at any age, but are more common with dementia, serious illness, heavy medication, or where there is family pressure.
Witnessing: keep it clean and simple
As a practical rule:
- use two independent adult witnesses
- avoid having beneficiaries (or a beneficiary’s spouse/partner) witness the Will
This reduces the chance of disputes later.
Keep the original safe
After death, it’s the original Will that matters most. Losing the original can cause delays, extra expense, and court complications.
4) “DIY Wills” and informal Wills (and why they often cause problems)
People sometimes write their own Will, use an online template, or leave an unsigned draft.
Queensland law allows the Supreme Court to treat a non-compliant document as a Will in some situations (often called an “informal Will”), if the court is satisfied the deceased intended it to operate as their Will.
However, informal Will cases commonly involve:
- uncertainty
- delays (because a court application is required)
- legal costs and family conflict
If your goal is “make it easy for my family”, relying on an informal document usually does the opposite.
5) Choosing an executor (the “doer” of your Will)
An executor is the person or organisation responsible for administering your estate.
What executors actually do
Executors typically:
- locate the original Will
- secure assets (and arrange insurance where needed)
- identify beneficiaries and keep them informed
- gather asset information and debts
- apply for probate if required
- pay debts and administration expenses
- deal with tax issues where relevant
- distribute the estate in line with the Will (and any trusts created by it)
Who should you choose?
Many people choose a spouse, adult child, trusted family member, or a professional executor. Key qualities:
- organised and reliable
- able to handle paperwork and deadlines
- emotionally steady enough to deal with family pressure
- comfortable asking for professional help when needed
6) What happens after someone dies in Queensland (probate basics)
What is probate?
Probate is the Supreme Court of Queensland’s confirmation that:
- the Will is valid, and
- the executor has authority to administer the estate.
Not every estate needs probate. It depends on the assets and what banks/asset-holders require.
A quick overview of the “usual” steps
Most estates follow this general flow:
- locate the original Will
- list assets and debts
- decide if probate is needed
- apply for probate (if required)
- collect assets and pay debts/expenses
- distribute to beneficiaries
Timing varies, but many estates take months to finalise, and complex estates can take longer.
Don’t distribute too early
Executors need to be cautious about distributing the estate too quickly. In Queensland there are time windows in which eligible people may notify and bring family provision claims (explained below). Distributing before risks are properly managed can create serious problems.
7) What happens if you die without a Will? (intestacy in Qld)
Dying without a valid Will is called dying intestate. In that case, Queensland’s intestacy rules decide who inherits.
Intestacy does not always mean “my spouse gets everything”. Outcomes depend on whether there is:
- a spouse/de facto partner
- children (including children from earlier relationships)
- other relatives
Also, step-relatives and in-laws are not automatically provided for under intestacy rules.
If you want control, simplicity, and fewer disputes, a Will is one of the most effective things you can do.
8) Relationship changes can change your Will (without you realising)
Major relationship events can affect your Will in Queensland, including:
- marriage (which can revoke an earlier Will unless the Will was made in contemplation of that marriage)
- divorce (which can remove gifts and appointments in favour of an ex-spouse, unless the Will says otherwise)
- entering or ending a civil partnership (similar effects)
- ending a de facto relationship (can have similar effects for certain purposes)
Practical tip: if you separate, divorce, remarry, or start a serious relationship, review your Will and your super nominations immediately. These are the moments where outdated documents cause the most damage.
9) Superannuation and life insurance: the “missing” estate plan piece
Superannuation is often a person’s largest asset — and it often does not automatically follow the Will.
Super death benefits are usually paid under the fund’s rules, and may be directed by:
- a binding death benefit nomination (if permitted and valid)
- a non-binding nomination (guidance only)
- a reversionary pension structure (where relevant)
- trustee discretion (if no effective direction exists)
Life insurance can also be paid:
- to the estate, or
- directly to a nominated beneficiary,
depending on how it is set up.
Practical tip: a Will and your super nomination should be reviewed together. A perfectly drafted Will can still produce an unintended result if super is going elsewhere.
10) Planning for blended families (second relationships)
Blended families are one of the most common reasons estate disputes happen.
Typical risks include:
- the surviving partner receives everything, then later changes their own Will (leaving the deceased’s children with little or nothing)
- children from an earlier relationship feel excluded or under-provided for
- superannuation is paid outside the estate, upsetting the “balance” intended in the Will
- family provision claims arise
Common planning tools (depending on the family’s goals) include:
- specific gifts to children, plus the remainder to a partner (or vice versa)
- rights of residence or life interests
- testamentary trusts (see below)
- careful superannuation nomination planning
11) Family provision claims in Queensland (how people “contest” an estate)
Queensland allows certain people to apply to the court for further provision from an estate if they were not adequately provided for.
Who can make a family provision claim?
Eligible applicants are generally:
- spouse (including a qualifying de facto partner)
- child
- dependant (in the legal sense)
The key idea (plain English)
The question is not “was the Will fair?” in a general sense. The question is whether adequate provision was made for the applicant’s proper maintenance and support.
Time limits (critical)
Queensland has strict timing rules:
- the intending claimant should give notice of the claim within 6 months of death
- the court application should generally be started within 9 months of death (extensions are possible but not guaranteed)
Executor tip: these timeframes are one reason executors are cautious about distributing too early.
12) Testamentary trusts (trusts inside a Will)
A testamentary trust is a trust created by a Will that starts after death.
It can be useful where you want:
- funds held for children until they reach an age you choose
- added protection for vulnerable beneficiaries
- flexibility for distributions in a blended family
- tax planning opportunities for certain beneficiaries (especially minors)
- a level of separation between control and benefit
Important: trusts can be powerful tools, but they are not “magic shields”. They need to be drafted properly and matched to the family’s circumstances.
13) Guardianship for children under 18
A Will can record who you would like to act as guardian for your minor children. While it may not solve every practical parenting question, it is an important statement of your wishes and can reduce uncertainty if the unthinkable happens.
14) Planning for incapacity: EPOAs and advance health directives
Estate planning isn’t only about death. It’s also about what happens if you’re alive but unable to make decisions.
Enduring Power of Attorney (EPOA)
An EPOA lets you appoint someone you trust to make decisions if you lose capacity, including:
- financial matters (banking, bills, property)
- personal and/or health matters (depending on the appointment)
An EPOA ends on death — it does not replace a Will.
Advance Health Directive (AHD)
An AHD lets you record healthcare directions for a time when you can’t communicate decisions. It can reduce stress and conflict during medical crises by making your wishes clearer.
Practical tip: an EPOA is easiest to put in place while things are calm. If you wait until capacity is already in question, you may not be able to sign one at all.
15) Digital assets: don’t forget your online life
Modern estates often include:
- online bank and investment accounts
- cryptocurrency
- email and cloud storage
- social media accounts
- photos and files stored on devices
- subscriptions and digital services
A practical step is to keep a separate, secure asset register and access instructions (without putting passwords in the Will, because a Will can become a public document once probated).
16) When should you update your estate plan?
A good rule is to review your plan every few years, and definitely after life changes such as:
- marriage, separation, divorce, or a new de facto relationship
- having children or blending families
- buying or selling property
- starting, buying, or selling a business
- receiving an inheritance
- changes in health or capacity concerns
- major changes in wealth or debts
- changes to superannuation arrangements
17) A simple Queensland estate planning checklist
| Task |
Why it matters |
| Make (or update) your Will |
Controls estate assets and appoints executors |
| Choose the right executor(s) |
Reduces delay, conflict, and mistakes |
| Review asset ownership (joint vs sole, trusts/companies) |
Ownership structure can override the Will |
| Review superannuation nominations |
Super may not follow the Will |
| Consider testamentary trusts |
Adds flexibility/protection where needed |
| Put an EPOA in place |
Protects you during incapacity |
| Consider an Advance Health Directive |
Records health wishes and reduces uncertainty |
| Keep documents safe and accessible |
Prevents “lost Will” problems and delays |
| Review after major life events |
Prevents outdated documents causing harm |
Final takeaway
A Queensland estate plan is about making life easier for the people you care about, at times when they’ll least want complexity.
A solid plan usually means:
- a properly signed Will
- superannuation planning that matches the Will
- incapacity planning (EPOA and often an AHD)
- a structure that fits your family (especially for blended families, young children, or vulnerable beneficiaries)
If you want your wishes carried out smoothly, the best time to put this in place is before a crisis forces the issue.