Wills and Estate Planning in Queensland

A properly drafted will is the cornerstone of estate planning. Without a valid will, your assets will be distributed according to the intestacy rules under the Succession Act 1981 (Qld), which may not reflect your wishes. Boss Lawyers helps individuals and families create comprehensive estate plans that protect their assets and provide certainty for their loved ones.

Estate Planning Services

Our estate planning services include:

• Drafting wills — tailored to your personal and family circumstances, including provisions for blended families, business succession, and testamentary trusts
• Enduring powers of attorney — appointing a trusted person to make financial and legal decisions on your behalf if you lose capacity
• Advance health directives — documenting your wishes regarding medical treatment and end-of-life care
• Testamentary trusts — establishing trusts within your will to provide tax benefits and asset protection for beneficiaries
• Business succession planning — ensuring your business interests are properly dealt with in your estate plan

Contested Wills and Estate Disputes

Estate disputes can arise for many reasons — from concerns about the validity of a will to claims by family members who believe they have not been adequately provided for. Boss Lawyers has experience in all aspects of estate litigation, including:

• Family provision claims — under Part 4 of the Succession Act 1981 (Qld), certain eligible persons can apply to the court for further provision from an estate if the will does not adequately provide for their proper maintenance and support
• Will validity challenges — disputes about whether the deceased had testamentary capacity, whether the will was properly executed, or whether the will was procured by undue influence or fraud
• Executor disputes — disagreements about how an executor is administering the estate, including delays, failure to account, or breaches of fiduciary duty
• Beneficiary disputes — conflicts between beneficiaries about the interpretation or distribution of the estate

Executor Duties and Obligations

If you have been appointed as an executor of a will, you have significant legal responsibilities. These include:

• Applying for a grant of probate from the Supreme Court of Queensland
• Identifying and securing all estate assets
• Paying the deceased’s debts, taxes, and liabilities
• Distributing the estate to beneficiaries in accordance with the will
• Keeping proper accounts and providing information to beneficiaries

An executor who fails to properly administer an estate can be held personally liable for any resulting losses. Boss Lawyers assists executors in understanding their obligations and navigating the administration process.

Beneficiary Rights

As a beneficiary, you have the right to be kept informed about the administration of the estate, to receive your entitlement within a reasonable time, and to challenge the executor’s actions if they are not acting properly. If you believe an executor is mismanaging an estate or failing to distribute it in accordance with the will, Boss Lawyers can advise you on your options.

Powers of Attorney

An enduring power of attorney is an essential part of any estate plan. Under the Powers of Attorney Act 1998 (Qld), you can appoint one or more attorneys to make financial and personal decisions on your behalf if you lose the capacity to make those decisions yourself. Without an enduring power of attorney, your family may need to apply to QCAT for an administration order — a costly and time-consuming process.

Boss Lawyers also assists with disputes about powers of attorney, including applications to revoke a power of attorney where the attorney is acting improperly.

Our wills and estates practice complements our broader expertise in commercial litigation and commercial law, meaning we can advise on complex estates involving business interests, trusts, and corporate structures.

Contact Boss Lawyers Today

If you need expert legal advice on wills, estates, or estate planning, our experienced team is here to help. Contact Boss Lawyers on 1300 267 711 or request a consultation online. We offer clear, practical advice focused on protecting your family’s interests.

This is general information only and is not legal advice. You should obtain professional advice specific to your circumstances.