Estate Planning & Will Drafting
Wills & Probate
Key Takeaway
A properly drafted will is the cornerstone of any effective estate plan.
A properly drafted will is the cornerstone of any effective estate plan. We prepare tailored wills that clearly set out your wishes for the distribution of your assets, appointment of executors, and guardianship arrangements for minor children. Our estate planning advice ensures your assets pass to your intended beneficiaries efficiently and with minimal tax impact.
Estate planning is not just about preparing a will — it involves a comprehensive review of your financial circumstances, family situation, and long-term goals to create a strategy that protects your assets and provides for your loved ones. We advise on will structures, superannuation death benefit nominations, and the interaction between your will and other estate planning tools.
Key Elements of a Queensland Will
Under the Succession Act 1981 (Qld), a valid will must be in writing, signed by the testator (the person making the will) in the presence of two witnesses who are present at the same time, and signed by those witnesses in the presence of the testator. While a will can be valid without legal advice, DIY wills often fail to address complex family situations, contain ambiguous language, or overlook important tax considerations. We ensure your will is legally sound, clearly expressed, and reflects your genuine intentions, minimising the risk of challenges after your passing.
Testamentary Trusts & Asset Protection
Testamentary trusts are trusts created within a will that come into effect upon the death of the will-maker. They offer significant benefits including asset protection from beneficiaries' creditors and former spouses, tax effectiveness through income streaming to lower-income beneficiaries, and control over how assets are managed for vulnerable beneficiaries such as minors or those with special needs. We advise on when testamentary trusts are appropriate and draft the necessary provisions to establish them within your will.
Superannuation & Estate Planning
Superannuation does not automatically form part of your estate and is not controlled by your will. Death benefits (including insurance proceeds) are paid to beneficiaries by the superannuation fund trustee. Binding death benefit nominations direct the trustee to pay your super to specified beneficiaries (typically dependants or your legal personal representative). Without a binding nomination, the trustee has discretion over payment. We ensure your superannuation death benefits align with your overall estate plan and advise on lapsing and non-lapsing nominations, reversionary beneficiary arrangements, and pension continuation options.
Estate Planning & Will Drafting FAQs (Queensland Law)
What are the will formalities under the Succession Act 1981 (Qld)?
Our team helps clients with matters under section 10 of the Succession Act 1981 (Qld) requires a will to be in writing, signed by the testator (or by another person in their presence and by their direction), in the presence of two witnesses present at the same time, who also sign in the testators presence.
What is testamentary capacity (Banks v Goodfellow test)?
At our firm, under Banks v Goodfellow, a testator must understand: the nature of making a will, the extent of their property, the claims of those who might expect to benefit, and must not be suffering from a disorder of mind that influences their decisions.
How is a will revoked in Queensland?
At our firm, a will is revoked by making a later will, by physical destruction with intent to revoke, or by marriage (unless made in contemplation of marriage). Divorce or separation does not revoke a will but may affect gifts to the former spouse.
What are mutual wills in Queensland?
At our firm, mutual wills are separate wills made by two persons (usually spouses) containing identical terms and made pursuant to an agreement not to revoke without consent. They create binding obligations and are difficult to vary after one party dies.
What are the key estate planning documents?
At our firm, key estate planning documents include the will, enduring power of attorney (financial and personal matters), advance health directive (living will), superannuation death benefit nomination, and sometimes a testamentary trust will and binding financial agreement.
Estate Planning & Will Drafting Services
- Simple and complex will preparation
- Testamentary trust will structuring
- Blended family will provisions and asset protection
- Enduring powers of attorney preparation
- Advance health directives (living wills)
- Superannuation death benefit nomination advice and documentation
- Estate planning for business owners and company directors
- Asset protection strategies through estate planning
- Estate tax and capital gains tax advice including principal residence exemption
- Wills for Australian residents with international assets
- Estate planning for de facto and same-sex partners
- Review and update of existing estate plans
Last updated: July 2026
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