Estate Planning Lawyers in QueenslandOne Call Away
Need an estate planning or probate lawyer in Queensland? LawyerLink connects you with a verified Queensland partner firm. Our AI intake handles urgent matters 24/7. Coverage includes wills, testamentary trusts, enduring powers of attorney under the Powers of Attorney Act 1998 (Qld), advance health directives, probate, letters of administration, and family-provision applications under the Succession Act 1981 (Qld).
Estate Planning in Queensland
Estate planning in Queensland operates under the Succession Act 1981 (Qld) for wills, intestacy, probate, and family-provision matters. The Powers of Attorney Act 1998 (Qld) governs financial and personal enduring powers of attorney and advance health directives. The Guardianship and Administration Act 2000 (Qld) governs guardianship and administration orders made by the Queensland Civil and Administrative Tribunal.
A valid Queensland will requires the testator to be over 18, of sound mind, and to sign in the presence of two witnesses who also sign. DIY will kits are technically valid if executed correctly, but the rate of partial invalidity and disputed construction is materially higher than with professionally drawn wills. A simple Queensland will is typically $400-$900; a will with testamentary trust provisions $1,500-$4,000.
Testamentary trusts — discretionary trusts created by a will and operating after death — are widely used in Queensland estate planning for asset protection, tax flexibility, and provision for vulnerable beneficiaries.
The Powers of Attorney Act 1998 (Qld) provides for two key documents: an enduring power of attorney covering financial and/or personal matters that survives loss of capacity, and an advance health directive that records the principal's wishes about future medical treatment. Strict witnessing requirements apply, including the use of an authorised witness for many decisions. Without these, an application to QCAT for a guardianship or administration order is the only remaining pathway after capacity is lost.
Probate in Queensland is granted by the Supreme Court of Queensland Probate Registry. For estates with a clear will and straightforward asset base, probate is obtained in 6-12 weeks. Letters of administration apply where there is no will or the named executor cannot act. Family-provision claims under Part IV of the Succession Act 1981 must be filed within 9 months of death and allow eligible persons (spouses, children, dependants) to seek a greater share than the will provided.
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Estate Planning in Queensland — FAQs
- How much does a will cost in Queensland?
- These are general ranges. Your actual fee depends on the firm and your specific matter. A simple Queensland will typically costs $400-$900. A will with testamentary trust provisions ranges from $1,500-$4,000. More complex estate planning can be higher.
- What happens if I die without a will in Queensland?
- Your estate is distributed under the intestacy rules in Part 3 of the Succession Act 1981 (Qld). The order of entitlement runs spouse first, then children, parents, siblings, and more remote relatives. Intestacy is more expensive to administer and often distributes contrary to the deceased's wishes.
- Why do I need an enduring power of attorney in Queensland?
- Without one, if you lose capacity (through dementia, accident, or illness), no one can manage your financial affairs unless a QCAT administration order is made — a slower, more expensive, more intrusive process. An enduring power of attorney executed under the Powers of Attorney Act 1998 (Qld) gives someone you trust the authority in advance.
- How long do I have to challenge a Queensland will?
- Family-provision claims under Part IV of the Succession Act 1981 (Qld) must be filed within 9 months of the date of death (with limited extensions). Other will challenges (validity grounds — lack of capacity, undue influence, fraud) generally proceed in the Probate jurisdiction.
- Who can make a family-provision claim in Queensland?
- Section 41 of the Succession Act 1981 (Qld) lists eligible applicants: spouses, de facto partners, children (including adult children), and other dependants. The question is whether adequate provision was made for the proper maintenance and support of the applicant.