Wills & Estate Lawyers Whitsundays

A will sets out how your assets are to be distributed after your passing, while estate planning takes a broader approach. It can include preparing powers of attorney, establishing trusts, appointing guardians, and structuring your estate to minimise tax and reduce disputes.

Yes. While it’s possible to write a will on your own, professional legal advice from the right legal team ensures the document is legally valid and accurately reflects your wishes. A poorly drafted will can cause disputes or even be declared invalid.

When a person dies without a valid will, they are considered to have died intestate. In this case, the estate is distributed according to Queensland’s intestacy rules, which may not reflect the deceased’s wishes. An administrator, usually a close family member, must apply for Letters of Administration to manage the estate.

Probate is a legal process that confirms the validity of a will. It gives the executor authority to manage and distribute the estate. Without probate, banks, superannuation funds, and other institutions may refuse to release assets.

Probate is granted when there is a valid will and an appointed executor. Letters of Administration are granted when there is no valid will or when the executor named in the will cannot act. In both cases, the grant provides legal authority to manage the estate.

You must notify the executor of your intention to contest the will within 6 months of the date of death and file your claim in court within 9 months. Missing these timeframes can prevent you from making a claim.

A will may be challenged on several grounds, including lack of mental capacity, undue influence, fraud, or forgery. You may also contest a will if you believe you have not been adequately provided for under Queensland’s succession laws.

Only certain people are eligible to contest a will. These include a spouse, child, or dependent of the deceased. A grandchild may be eligible if they were financially dependent on the deceased.

There are three main types:

• General Power of Attorney, which provides temporary authority, often for business or financial matters.
• Enduring Power of Attorney, which continues if you become incapacitated.
• Medical Enduring Power of Attorney, which allows someone to make healthcare and treatment decisions on your behalf.

An executor is responsible for managing the deceased’s estate. Duties include applying for probate, paying debts and taxes, managing assets, and distributing the estate to beneficiaries. It can be a complex role, and many executors choose to seek legal guidance.

Yes. For business owners, estate planning often includes succession planning. Legal experts can assist in structuring the transfer of business assets and management to ensure the business continues smoothly and family wealth is protected.

Airlie Legal is a full-service law firm for wills and estate matters. We combine local knowledge of Queensland law with compassionate, practical, and professional support. Our team values clear communication and offers legal advice to individuals, families, executors, trustees, beneficiaries, and business owners, guiding them through every stage of wills, probate, planning, and estate disputes. Ultimately, our goal is to provide clarity, minimise stress, and protect your interests.

A wills and estate law firm like Airlie Legal provides a wide range of legal services to support individuals, families, executors, trustees, beneficiaries, and business owners. These include drafting and reviewing wills, setting up estate plans, applying for probate or letters of administration, managing deceased estates, handling inheritance disputes, preparing powers of attorney, and offering guidance with business succession planning. By engaging a law firm that focuses on wills and estates, you gain expert support in protecting your assets and reducing the risk of disputes.