Wills and estates for Gold Coast and Queensland families.

Anyone with assets in their name, a family, or a view about what should happen after they die needs a will. The document is the only reliable way to express those intentions in a form the law will act on.

The triggers for updating are: marriage (which revokes an existing will under the Succession Act 1981 (Qld) unless made in contemplation of that marriage), divorce, the birth of children, the death of a named beneficiary or executor, any significant change in assets, and the passage of time. A review every five years is a reasonable baseline. A review after any of those events is not optional.

An enduring power of attorney appoints a person to make decisions on your behalf covering financial matters, personal matters, or both, while you cannot make those decisions yourself. It operates under the Powers of Attorney Act 1998 (Qld) and continues in force despite incapacity.

An advance health directive is a different document. It records your specific directions about medical treatment for defined health situations. Where an AHD addresses a situation, a treating clinician must follow it. Where it does not, the attorney appointed under the EPOA makes the decision.

The two documents work together. Having one without the other leaves gaps.

For a straightforward estate with a clear original will and no caveats, four to eight weeks from the time the application is filed is a reasonable expectation. The process has a built-in floor: the notice of intention to apply must be published in the Queensland Law Reporter at least fourteen days before the application is filed.

Delay arises where the original will cannot be located, where the death occurred overseas, where a caveat has been filed, or where beneficiaries dispute the will’s validity. Collecting assets, paying debts, and distributing to beneficiaries after the grant issues typically takes a further six to twelve months. Estates with contested elements take longer still.

Eligible persons under Part 4 of the Succession Act 1981 (Qld) can apply to the Supreme Court for a family provision order. Eligible persons include the deceased’s spouse, children (including adult and step-children in some circumstances), and dependants. The Court has a broad discretion to override what the will says if it finds the provision made was inadequate for the applicant’s proper maintenance and support.

The time limit in Queensland is nine months from the date of death under s 41(8). This is a common point of confusion: New South Wales applies a twelve-month limit; Queensland does not. Missing the Queensland deadline makes an application significantly harder. Fraser Lawyers acts for both applicants and executors defending these claims.

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 liabilities (in the correct order of priority), attend to any outstanding tax obligations, distribute the estate according to the will, and account to beneficiaries throughout.

The role carries personal liability if it is done incorrectly. An executor who distributes the estate before the nine-month family provision window has closed, without first satisfying the protection conditions in ss 49 to 52A of the Succession Act 1981 (Qld), risks a personal claim. Where any beneficiary is a minor, the executor holds their share as trustee under the Trusts Act 2025 (Qld).

Fee estimates are provided before any work begins, as required by the Legal Profession Act 2007 (Qld). For planning work such as wills and powers of attorney, fees are typically agreed on a fixed-fee basis. For probate and estate administration, fees depend on the complexity of the estate, the assets involved, and whether there is any dispute.

An initial enquiry is the fastest way to get a clear picture of what is involved and what it is likely to cost.