A Will allows you to set out how you would like your estate to be distributed after your death and appoint an executor to manage the administration of your affairs.

Without a valid Will, your estate will generally be distributed according to the intestacy rules that apply in Queensland, rather than according to a plan you have made yourself.

Making a Will gives you an opportunity to express your wishes, consider the needs of your loved ones and make things more straightforward for those left to manage your affairs.

If you pass away without a valid Will, legislation determines who is entitled to receive your estate and in what proportions. The outcome may not reflect what you would have chosen.

Your estate will also need to be administered by someone who has the legal authority to do so. This can involve additional steps and uncertainty for your family.

Having a Will in place allows you to nominate an executor and set out your wishes, helping provide greater clarity for the people who may need to manage your estate.

An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to make certain decisions on your behalf while you are alive.

Depending on the powers you grant, your attorney may be able to make financial decisions and/or personal and health decisions in circumstances where you are unable to make those decisions yourself.

Having this document in place can help ensure that someone you have chosen has the authority to act when you need assistance. Without one, an application to the Queensland Civil and Administrative Tribunal (QCAT) or another formal process may be necessary in some circumstances.

An Advance Health Directive is a legal document that allows you to record certain healthcare instructions and decisions for circumstances in which you may be unable to communicate your wishes.

It can address specific medical treatment decisions and help your healthcare team understand your preferences when the document applies.

It is different from an Enduring Power of Attorney, which allows you to appoint someone to make certain decisions on your behalf. We can explain how the two documents work and help you consider whether an Advance Health Directive is appropriate for you.

Your Will should reflect your current circumstances and wishes, so it is worth reviewing it when something significant changes in your life.

This might include getting married, separating or divorcing, having a child, buying or selling property, starting a business or experiencing a change in your family relationships.

Changes in your circumstances can affect how your estate should be planned, and some life events can have legal consequences for an existing Will. We can review your current arrangements and help you determine whether changes are needed.

Not necessarily. Some assets, including superannuation benefits and certain jointly owned assets, may be dealt with outside your estate or may be subject to separate rules and arrangements.

Superannuation, in particular, can involve fund-specific requirements and beneficiary nominations that need to be considered alongside your Will.

We can help you identify which assets may need special consideration and explain where further advice from a financial adviser, accountant or other specialist may be helpful.

We start by talking with you about your circumstances, your family and what you would like to achieve.

From there, we explain the relevant options, prepare a draft Will for you to review and discuss any questions or changes before finalising the document.

Once you are comfortable with the terms, we arrange for the Will to be properly signed and witnessed in accordance with the applicable legal requirements.

Our aim is to make the process clear and manageable, so you can feel confident that your wishes have been properly considered.

There is no single review schedule that suits everyone, but it is sensible to revisit your arrangements periodically and whenever there is a significant change in your life.

Even if your circumstances have not changed, a review can help you check that your chosen executor, beneficiaries and other arrangements still reflect your wishes.

We can review your existing documents and help you determine whether they remain suitable or whether updates may be needed.

There are certain structures you can contemplate including in your Will, like testamentary discretionary trusts. These aren’t infallable solutions, but we can talk with you about the risks and benefits.
You can also contemplate talking with your children about them entering into a Financial Agreement (often referred to as a ‘pre-nup’ or ‘pre-nuptial agreement’) with their partner, and/or suggesting that they receiving some family law advice about commencing (or being in) their relationship.