Question 1

What is probate in Queensland?

Accepted Answer

Probate is the court process of formally proving the Will is the validly made last will of the deceased.

https://www.facebook.com/reel/1065938625448789

Question 2

What is a testamentary trust?

Accepted Answer

A Testamentary Trust is a trust created by the Will of a deceased. The benefits of a Testamentary Trust is to protect assets for children if the surviving parent remarries, protect assets from being lost in a beneficiary's relationship breakdown, preserve assets from waste by an immature or spendthrift beneficiary, and/or protect assets for a beneficiary who is at risk of bankruptcy or in a high risk profession. There are also tax advantages, however the impacts of the 2026 federal budget which introduces a 30% tax on trusts are yet to be fully understood. If you are considering a Testamentary Trust, you should also obtain tax advice from your accountant.

Question 3

Who can contest a will in Queensland?

Accepted Answer

Contesting a Will generally refers to a Family Provision Application, claiming further provision from the deceased's estate than what has been provided already in the Will. Usually, only the deceased's spouse and children are eligible to bring a Family Provision claim in Queensland. This usually includes defacto spouse and stepchildren. In some cases, there is another category of dependents also eligible to bring a claim. Strict timeframes apply. It's best to get specific legal advice as to your situation if you or someone else are disappointed in the provision made for them in the Will.

Question 4

How long do I have to make a family provision claim?

Accepted Answer

Usually, notice of your intention to make a claim must be given in writing to the executor within 6 months of the deceased's death. A claim must be filed in court within 9 months of the deceased's death. Therefore it is very important that you obtain legal advice on your situation well before these timeframes to ensure you obtain the right advice and have the best chance possible of resolving the claim in the most cost-effective manner.

Question 5

What does an executor do?

Accepted Answer

An executor's role is to carry out the administration of the deceased's estate. This means finalise all the deceased's affairs, gather in all the deceased's assets, and distribute them according to the Will and according to law. An executor must carry out these duties diligently, with the beneficiaries' best interests at heart.

Question 6

Do I need a lawyer to prepare a will?

Accepted Answer

The benefit of having a lawyer prepare a Will, instead of doing it yourself, is that you have the benefit of an expert who knows the law advising you on any foreseeable risks and obstacles, and the lawyer can ensure the Will is drafted properly and prepared according to law. This means you can have confidence that a Will prepared by one of our lawyers will ensure your wishes are clearly documented and give you peace of mind that your family will be able to administer your estate without unnecessary hassles and costs during their time of grief.

Question 7

What happens if someone dies without a will?

Accepted Answer

If someone dies without a Will in Queensland, the Rules of Intestacy apply. These are a set of rules in the legislation which designate who inherits the assets of the deceased, based on what surviving family members they have (if any). If no surviving family members as set out in the Rules, then the default is for the deceased's assets to go to the Qld government. Dying without a will means you have no choice over where your assets go after you die. This is why it's important to have a Will.

Also, dying without a Will means no Executor has been appointed for your estate. This requires an application to Court to have an Administrator appointed.  The Rules of Intestacy give priority to certain relatives over others. Again, it means you have no choice over the person ultimately appointed, and this may or may not align with your wishes.

Frequently asked questions

What is probate in Queensland?

What is a testamentary trust?

Who can contest a will in Queensland?

How long do I have to make a family provision claim?

What does an executor do?

Do I need a lawyer to prepare a will?

What happens if someone dies without a will?

Contact Us

Mail Us

Company Details

Follow Us