Can I get funding for a contested estate matter?

Yes. We work with JustFund to provide specialised credit for inheritance disputes and Family Provision Applications: allowing legal fees to be paid from the estate proceeds at the end of the matter.

How much does a Will and Enduring Power of Attorney cost?

We offer professional estate planning packages for around $700 plus GST, which include both a standard Will and an Enduring Power of Attorney. Costs for standalone documents or registration with the Land Titles Office vary based on your specific needs.

When must a Power of Attorney be registered in QLD?

Registration with the Queensland Land Titles Office is only mandatory if an Attorney needs to sign documents for real estate transactions: such as selling or buying property. For health and general financial matters, an original or certified copy is typically sufficient.

Can step-children contest a Will in Queensland?

Yes: step-children have legal standing to make a Family Provision claim, provided their relationship with the step-parent remained legally intact at the time of death. This is a common area of dispute in blended families.

What are the risks of using a DIY Will kit?

DIY kits often lead to 'informal Wills' that require expensive Supreme Court intervention to validate. Common errors include improper witnessing, vague language, or failing to deal with all assets (resulting in partial intestacy).

What is a Testamentary Discretionary Trust (TDT)?

A TDT is a trust created within your Will that activates upon death. It provides asset protection for beneficiaries and significant tax advantages: particularly for children and grandchildren who can receive income at adult tax-free thresholds.

What happens if I lose capacity without an EPOA?

If you lose capacity and have no Enduring Power of Attorney, your family may need to apply to QCAT for a guardianship or administration order. This is a public, time-consuming, and potentially stressful process that can be avoided with proper planning.

Do I need an Advance Health Directive (AHD)?

An AHD allows you to give specific instructions about your future health care (such as life-sustaining treatment). It is more specific than an EPOA and ensures your medical wishes are respected by doctors if you cannot speak for yourself.

Who are the key contacts for Wills and Estates in Queensland?

Key entities include: the Supreme Court of Queensland (Probate), the Public Trustee (Wills registry), the Office of the Public Guardian (EPOA oversight), and the Land Titles Office (registration).

Wills, Estates & Probate FAQs: Bell & Senior Lawyers Gold Coast

Q: What happens if I die without a Will?

If you die intestate, your estate is distributed according to statutory formulas in the *Succession Act 1981* (Qld). This creates complexity, cost, and may result in assets passing to unintended beneficiaries rather than your loved ones.

Q: How long does it take to get Probate in Queensland?

Typically eight to 12 weeks. This includes a mandatory 14-day advertising period, time for document preparation, and the Supreme Court registry's current processing time of approximately 14 to 20 weeks.

Q: What happens to superannuation when someone dies?

Super is NOT automatically part of your Will. It is paid out by the fund trustee according to your 'Binding Death Benefit Nomination' (BDBN). If you have no BDBN, the fund has discretion over who receives the money.

Q: Can a Will be challenged in Queensland?

Yes. Eligible persons (spouse, children, or dependents) can file a Family Provision Application if they were not adequately provided for. Notice must be given within six months and a claim filed within nine months of death.

Q: When should I update my Will?

Update your Will after major life events. Marriage automatically revokes a Will. Divorce revokes parts for an ex-spouse. Separation does NOT revoke a Will: meaning an estranged spouse could still inherit everything.

Q: Is a Will made overseas valid in Australia?

Recognition depends on the country of origin and the relevant state's laws. Australian Wills are recognised across all states: but for overseas Wills, you should seek specific legal advice to ensure your Australian assets are protected.

Administration

Do lawyers charge a fee to store or release a Will in QLD?

Most law firms provide secure storage for original Wills and Powers of Attorney. While a small annual storage fee is common, firms generally do not charge ‘ransom’ fees to release documents to authorized family members after a death.

Wills & Estates FAQs

Important Legal Disclaimer

Administration

Do lawyers charge a fee to store or release a Will in QLD?

Blended Families

What are the Risks of 'Sideways Inheritance' in a Blended Family?

Do Step-Children Have the Right to Contest a Will in Queensland?

Contesting a Will

How do I make a Family Provision Claim in Queensland?

Costs

How much does an Enduring Power of Attorney and Will cost?

Enduring Power of Attorney

Is a New South Wales Power of Attorney valid in Queensland?

What happens if you lose capacity without an Enduring Power of Attorney in QLD?

Estate Planning

When should I update my Will?

What events should trigger a review of my Will and Enduring Power of Attorney?

What happens if I die without a Will in Queensland?

Can I use a DIY Will Kit in Queensland?

Do I need an Enduring Power of Attorney (EPA) if I have a Will?

What is a Testamentary Discretionary Trust and Do I Need One?

Does My Superannuation Go to My Estate When I Die?

Does Getting Married or Divorced Cancel My Will in Queensland?

Is an old Will still valid if I only have a photocopy?

What happens to superannuation when someone dies?

What are the witnessing requirements for a valid Will in Queensland?

Can a gift of money or assets made before death be challenged by other family members?

What is 'Tenants in Common' vs 'Joint Tenants'?

Who can challenge a Will in Queensland?

What is the difference between a Life Interest and a Right to Reside?

Executors & Administration

Who is entitled to a copy of a Will in Queensland?

Family Provision Claims

Who can challenge a will in Queensland? Family provision claims explained

General Questions

Enduring Power of Attorney vs Advance Health Directive in Queensland

How much does a Will cost in Queensland?

Should I use a codicil to update my Will in Queensland?

How long must a Queensland solicitor keep my legal documents?

The 7-Year Rule for General Documents

Can a lawyer charge ongoing fees to store my Will?

Health

What is an Advance Health Directive in Queensland?

International Wills

Is a Will made overseas valid in Australia?

Litigation

Can a Will be challenged in Queensland?

Power of Attorney

Does my Enduring Power of Attorney end when I die?

Probate

What is Probate and is it always necessary in Queensland?

How long does it take to get Probate in Queensland?

When is a Grant of Probate required in Queensland?

What is the role of an executor and who should I appoint?

What are Letters of Administration and when do I need them in Queensland?

Can I avoid probate by putting my property in a trust?

Registration

When do I need to register a Power of Attorney?

Resources

Who to contact for Wills, Estates & Probate in Queensland?

Will Disputes

Can I challenge a Will signed by someone with dementia?

What is undue influence and can it invalidate a Will?

Wills

What powers should I give my Executor in my Will?