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Wills & Estates FAQs

Protect your family's future with expert Wills and Estates advice. Our Southport lawyers answer common questions about drafting valid Wills, achieving Probate, managing Estate Administration, and resolving inheritance disputes on the Gold Coast.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Costs

How much does an Enduring Power of Attorney and Will cost?
We offer professional estate planning packages for around $700 (plus GST) which include both a standard Will and an Enduring Power of Attorney. For standalone Powers of Attorney, costs vary depending on whether the document needs to be registered with the Land Titles Office for real estate transactions.
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Estate Planning

When should I update my Will?
You should review your Will every 3–5 years or whenever a significant life event occurs. Critical triggers include marriage (which automatically revokes your Will), divorce (which cancels gifts to your ex-spouse), separation (which has NO effect, leaving your ex-spouse as beneficiary), or the birth of children.
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What happens if I die without a Will in Queensland?
If you die intestate (without a will), your estate is distributed according to rigid statutory formulas in the Succession Act 1981 (Qld). This often means assets pass to relatives you may not have chosen, and your spouse may be forced to share the estate with children. It also requires a more complex application for ‘Letters of Administration’ rather than Probate.
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Can I use a DIY Will Kit in Queensland?
While ‘Newsagency Will Kits’ are legal if executed correctly, they are risky. Common errors include ambiguous wording, failing to dispose of the entire estate (partial intestacy), and incorrect witnessing. These mistakes often require expensive Supreme Court applications to fix, costing the estate far more than a professional will.
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Do I need an Enduring Power of Attorney (EPA) if I have a Will?
Yes. A Will and an EPA serve completely different purposes. A Will only operates after you die. An Enduring Power of Attorney operates while you are alive but incapacitated (e.g., due to dementia, stroke, or coma). Without an EPA, your family cannot access your bank accounts or make medical decisions for you without a complex tribunal hearing.
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What happens to superannuation when someone dies?
Contrary to popular belief, superannuation is NOT automatically part of your Will. Your super fund trustee decides who receives your death benefit unless you have a valid Binding Death Benefit Nomination (BDBN) in place. Without a BDBN, your super could bypass your chosen heirs entirely.
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Health

What is an Advance Health Directive in Queensland?
An Advance Health Directive (AHD) is a formal document where you specify exactly what medical treatments you want—or do not want—if you become terminally ill or lose capacity. While an EPOA allows someone to make the decision for you, an AHD is your voice speaking directly to the doctors.
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Litigation

Can a Will be challenged in Queensland?
Yes. In Queensland, eligible persons (spouses, children, and certain dependents) can apply to the Supreme Court for a ‘Family Provision Application’ if they have been left out of a Will or inadequately provided for. Strict time limits apply: you must generally give notice within 6 months and file within 9 months of the death.
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Probate

What is Probate and is it always necessary in Queensland?
Probate is a Supreme Court document confirming a Will’s validity and the executor’s authority. It is not legally required for every estate, but is typically mandatory if the deceased held real estate (in their sole name) or held significant cash in bank accounts (usually over $50k), or if an institution (like a nursing home) demands it for liability protection.
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How long does it take to get Probate in Queensland?
On average, the Probate process in Queensland takes 8 to 12 weeks from the date you instruct a lawyer. This timeframe is composed of a mandatory 14-day notice period, time for document drafting/signing, and the Supreme Court registry’s current processing queue (currently 4-6 weeks).
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What is the role of an executor and who should I appoint?
An executor is the person legally responsible for administering your estate after you die. Their duties include arranging the funeral, locating assets, paying debts and taxes, protecting property, identifying beneficiaries, and distributing the estate. It is a serious role with personal liability.
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Registration

When do I need to register a Power of Attorney?
In Queensland, you only need to register a Power of Attorney with the Land Titles Office if your Attorney needs to sign documents related to real estate transactions (buying, selling, or mortgaging property). For general banking, health decisions, and government interactions, the original document or a certified copy is usually sufficient.
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