Putting a Will in place is one of those tasks that’s easy to put off, but having clear, legally sound documents gives you, and the people you care about, real peace of mind. Here are the questions we’re asked most often about Wills and estate planning.

What happens if I die without a Will in Queensland?

If you die without a valid Will, you’re considered to have died “intestate,” and your estate is distributed according to a fixed legal formula set out in legislation, rather than according to your personal wishes. This can mean your assets go to family members in a way you wouldn’t have chosen, and it often takes longer and costs more to administer than an estate with a clear Will. It also removes your ability to choose guardians for minor children or make specific gifts to people or causes that matter to you.

How much does it cost to prepare a Will?

Pricing depends on the complexity of your situation. A straightforward Will for a single person with simple assets costs less than a Will involving a testamentary trust, blended family arrangements, or business and investment structures. Our Wills & Estate Planning pricing starts from $880 and may increase up to $1,540 depending on complexity. We’ll always confirm the likely cost with you before starting work.

What’s the difference between a Will and an Enduring Power of Attorney?

A Will only takes effect after you die, and sets out how your estate should be distributed. An Enduring Power of Attorney takes effect while you’re alive, and appoints someone you trust to make financial and/or personal (including health) decisions on your behalf if you’re ever unable to make them yourself, whether temporarily or permanently. Most people benefit from having both documents in place, not just a Will.

Who should I choose as my executor?

Your executor is responsible for carrying out the instructions in your Will, which can involve dealing with banks, government agencies, beneficiaries and sometimes disputes. It’s worth choosing someone you trust who is organised, willing to take on the responsibility, and likely to be available when the time comes. This doesn’t have to be your oldest child or closest relative. You can also appoint more than one executor, or a professional executor such as a solicitor or trustee company, particularly for a more complex estate.

How often should I update my Will?

As a general rule, it’s worth reviewing your Will after any major life event, such as marriage, divorce or separation, the birth of a child or grandchild, a significant change in assets, or the death of a beneficiary or executor named in your Will. In Queensland, marriage automatically revokes an earlier Will (unless it was made in contemplation of that marriage), so this is a particularly important time to update your documents.

Can a Will be contested in Queensland?

Yes. Under Queensland law, certain people, including a spouse, child, or in some cases a dependant, can apply to the court for further provision from an estate if they believe they haven’t been adequately provided for. There are strict time limits for making this kind of claim, so it’s important to get advice quickly if you’re considering contesting a Will, or if you’re an executor facing a potential claim.

A clear, up-to-date Will and Enduring Power of Attorney are two of the simplest ways to protect the people who matter to you. View our Wills & Estate Planning pricing or get in touch to get started.