Trusted Wills & Estate Planning Lawyers

Proctor Graham Lawyers specialises in wills and estate planning, ensuring your assets and loved ones are protected with legally sound strategies. Our experienced team provides tailored legal solutions to help you plan for the future with confidence.

Why Estate Planning is Essential

Everyone should have a valid Will and estate plan, regardless of their assets or family situation. A well-prepared estate plan can provide clarity, prevent disputes, and safeguard your wishes in both expected and unforeseen circumstances. Taking a proactive approach allows you to address potential issues before they arise, ensuring your estate is managed efficiently.

What is a Will?

A Will is a legal document that allows you to record your wishes about how your affairs should be dealt with after your death. It appoints one or more trusted people to manage the administration of your estate (your executors) and directs how your assets should be distributed to your beneficiaries.  

Wills are critical documents to help provide clarity for your loved ones and minimise potential disputes after you die. Wills can be simple or complex, depending on your family dynamics, financial and personal circumstances, and preferences. A carefully drafted Will can also help protect vulnerable beneficiaries such as minor children or those who find it challenging to manage their finances. In some cases, Wills can be structured to provide for the most tax-effective distribution of your assets. 

What Happens if I die without a Will in Queensland?

Passing away without leaving a valid Will is referred to as dying ‘intestate’. In such cases, legislation (in Queensland, the Succession Act 1981) determines who inherits your property according to an order of succession. This typically starts with those closest to the deceased person, usually the spouse and children, as relevant. Intestacy laws, however, are complex and can deliver undesirable outcomes for certain members of the deceased’s family who may miss out on an inheritance altogether. Further, administering an intestate estate is usually more difficult, expensive and time-consuming for your loved ones.  

Can I Make a Will Without a Lawyer?

You can, but should you?  

To be valid, and to minimise potential disputes as to its authenticity, certain legal formalities must be met when making a Will. For example, if the Will is not correctly signed and witnessed, there is a risk that it may be deemed invalid or contested after you die. Stapling documents to a Will or making handwritten changes after it is made can also raise issues which could invalidate the Will completely or render it partially ineffective. A Will that does not effectively deal with all your assets or has ambiguous language can open the doorway to all sorts of uncertainties and disputes. 

As all families are unique, there is no one-size-fits-all approach to will-making, so a DIY will kit or generic template may not consider all your circumstances. An experienced lawyer with knowledge of succession and other relevant laws can guide you in making a tailored Will that fits your needs and protects your family. 

How can Proctor Graham help?

We can assist with: 

• • Preparing a valid Will that appoints an executor/trustee to manage and distribute your estate to your beneficiaries as directed 
  • Advising you about estate and probate laws
  • Explaining the role of your executors so you can choose them with confidence 
  • Minimising the potential for your Will to be contested and subject to litigation 

When preparing your Will, we recommend that you also consider planning for any future incapacity. Powers of attorney and guardianship documents will ensure that if you are unable to make decisions about your finances, your medical treatment or living arrangements (as relevant), then those you trust can make these decisions for you, unhindered. 

To find out more or to arrange a consultation with one of our estate lawyers, please call 07 5495 2608 or email pg@proctorgraham.com.au.