Wills, enduring powers of attorney, advance health directives, probate, and estate administration. Plain-English advice and a written framework before any work begins.
Fraser Lawyers' wills and estates practice acts for individuals and families across Queensland on Wills, enduring powers of attorney, advance health directives, probate, and estate administration. Work runs across the Succession Act 1981 (Qld), the Powers of Attorney Act 1998 (Qld) and the Trusts Act 1973 (Qld), and is regularly paired with property and commercial advice where the matter touches them. The principal is Blake Fraser, admitted as a solicitor of the Supreme Court of Queensland in 2013, and every engagement begins with a written costs framework and plain-English advice before any work is done.
Wills and estates work breaks into four streams. Most engagements touch more than one of them; the order below is roughly how often the work comes up.
Drafting clear, valid Wills under the Succession Act 1981 (Qld), updating existing Wills as circumstances change, mutual Wills between spouses, and testamentary trust Wills where there are minor children, blended families, asset-protection concerns or beneficiaries on Centrelink.
Enduring powers of attorney covering financial, personal and health decisions under the Powers of Attorney Act 1998 (Qld), advance health directives recording specific medical directions, and capacity reviews where a principal's decision-making is in question.
Applications for grants of probate (where there is a Will) and letters of administration (where there is not), including informal Wills, foreign-domiciled estates, contested grants, and applications under section 18 of the Succession Act 1981 (Qld) for documents that fall short of formal execution.
Acting for executors administering estates from grant to final distribution, and for either side in family provision applications under Part 4 of the Succession Act 1981 (Qld). Work covers asset collection, debt and tax settlement, distribution, accounting to beneficiaries, and contested claims.
Wills and estates work in Queensland rests on a small set of state statutes. Below is the legislation that comes up most often, with a short note on what each one does.
The principal Queensland statute for Wills, intestacy and family provision. Sets the formal requirements for execution, the rules on revocation and rectification, the order of distribution where there is no Will, and the framework for family provision applications under Part 4.
Governs general and enduring powers of attorney and advance health directives. Sets the formal requirements, the duties of attorneys, the test for capacity, and the consequences of breach. The framework most relevant to planning for incapacity.
Establishes the Queensland Civil and Administrative Tribunal's jurisdiction to appoint guardians and administrators for adults with impaired capacity. Operates alongside the Powers of Attorney Act 1998 (Qld) where formal substitute decision-making is required.
Sets the duties and powers of trustees in Queensland, including those administering testamentary trusts. Covers investment, accounting, beneficiary entitlements, and the framework for relief or removal where a trustee is in breach.
Relevant on the death of a registered proprietor: transmission applications by personal representatives, registration of beneficiary entitlements, and dealings with land held by the estate. The administrative path between probate and the title register.
The procedural rules for probate and estate proceedings in the Supreme Court of Queensland. Covers grants, caveats on grants, family provision applications, trustee applications, and the procedural detail of every contested estate matter.
Governs how solicitors in Queensland may practice, including the requirement under section 308 to provide a written costs disclosure before any work begins. We comply with it on every engagement.
No surprise fees, no jargon, no chasing for updates. The four-step process below applies whether the work is a new Will, a probate application, or a contested family provision claim.
You call or email a short outline of the matter. We confirm whether we can act and check for any conflict.
An appointment in person, by phone or video. We listen, ask the questions we need to, and identify the issues.
We set out the options, the realistic timeframe and the costs. You decide what to do; we put it in writing so it is clear.
We act. You hear from us at every step that matters, in plain English, and never have to chase for an update.
Plain-English answers to the practical questions clients tend to ask before booking an appointment. If your question is not here, call us.
Get in touchAnyone over 18 with assets in their name should have a Will. Common triggers for updating include marriage (which revokes a Will unless it was made in contemplation of marriage), divorce, having children, acquiring or selling significant assets, and the death of a person named in the existing Will. A review every five years, or after any of these events, is sensible.
An enduring power of attorney lets a person you appoint make decisions for you about money, property, and (if you say so) personal and health matters, while you cannot. An advance health directive sets out specific health-care directions for if you cannot speak for yourself. Both are made under the Powers of Attorney Act 1998 (Qld); they work together, not as substitutes for each other.
For a straightforward estate with a clear Will and no caveats, probate is usually granted within four to eight weeks of filing the application, depending on the Supreme Court's workload. Once the grant is issued, collecting assets, paying debts and distributing to beneficiaries typically takes six to twelve months. Estates with disputes, foreign assets, or complex testamentary trusts take longer.
Eligible persons (the deceased's spouse, children, dependants and certain stepchildren) can apply to the Supreme Court for a family provision order under Part 4 of the Succession Act 1981 (Qld). The Court considers the size of the estate, the relationship, the applicant's needs and the testator's reasons for the disposition. There is a strict nine-month time limit from the date of death; missing it makes the application much harder. We act for executors defending estates and for applicants seeking provision.
An executor's job is to: locate the Will, obtain a grant of probate where required, identify and gather all assets, settle outstanding debts and tax, distribute the estate according to the Will, and account to beneficiaries. The role carries personal liability if it is not done properly. We act as advisor to executors throughout, including matters with assets in different states or countries.
We will tell you the fee for the initial consultation when you book. If we agree to act for you, we provide a written costs disclosure as required by the Legal Profession Act 2007 (Qld), setting out the estimate, the basis on which fees are calculated, and any expected disbursements before we begin work.
An initial call or email is the fastest way to know whether we can help and what the next step looks like. We answer the phone Monday to Friday, 8:30 to 5:00. After hours, we call back the next business day.
Five minutes from Surfers Paradise, ten from Robina. On-site parking. Talk to us about your matter; we will tell you what we think and what the next step is.