Wills and Estates lawyers on Brisbane’s Northside
Plain-English Wills, Estate Planning, Probate and Estate Dispute work. We help you get it right the first time so your legacy is protected and those that you love aren’t left guessing.
An estate plan is the structure that takes care of the people you love when you can no longer do it yourself. It is what takes effect if you lose capacity, and it is the plan your family follows when you are gone. Done well, it removes uncertainty and gives the people closest to you clarity at a time when they need it most.
Kelly Lawyers is a boutique law firm in Ascot, with Wills and Estates lawyers serving Brisbane’s Northside since 1984. We help individuals, families and business owners across Ascot, Clayfield, Hamilton, Nundah, Banyo, Nudgee, Virginia Kedron, Stafford and Chermside with Wills and Testamentary Trusts, Enduring Powers of Attorney, Advance Health Directives, Probate and Estate Administration, and Estate Litigation. The Public Trustee of Queensland reports that around half of Queensland adults die without a valid will, which leaves the State to decide who inherits. We are here to make sure your wishes are the ones that are followed.
What our Wills and Estates Lawyers help with
We cover the full lifecycle of estate work: planning ahead while you have capacity, administering an estate after a loved one has died, or acting in disputes where an estate plan or a power of attorney is being challenged.
Estate planning Brisbane northside (putting the right plan in place during your lifetime)
- Wills (including testamentary trusts, where appropriate)
- Enduring Powers of Attorney
- Advance Health Directives
- Asset protection advice
- Trust establishment and variations
- Business and corporate structuring support (restructures and agreements where relevant)
- Superannuation and beneficiary nominations
Probate and estate administration Brisbane (when a loved one has passed away)
- Obtaining Probate or Letters of Administration
- Guidance on your role as Executor or Administrator
- Support with Estate administration steps and family or Estate-related disputes (where applicable)
- Distribution of the Estate once an Estate has been administered
- Deeds of Family Arrangement if the Estate is able to be distributed in a different way from what the Will or rules of Intestacy say
Estate litigation and family provision claims (when you are making or responding to a claim against an Estate)
- Advice regarding adequate provision and your standing to bring a family provision claim
- Advice regarding your obligations as an Executor if a claim is brought against the Estate
- Representation at mediation to try to resolve the dispute
- Filing or responding to court proceedings where a claim is required to be commenced
- Applications to the Queensland Civil and Administrative Tribunal in relation to Powers of Attorney or seeking guardianship orders
Who we help
Our Wills and Estates clients are usually in their 30s to 70s and often referred to us by an Accountant, Financial Adviser or someone who has used us before. You may be:
- A professional or business owner who has not yet made a Will, or whose Will is years out of date.
- A parent of young children who needs a guardian appointment and a Testamentary Trust to protect an inheritance until the children are old enough to manage it.
- Part of a blended family, wanting to provide for a new partner during their lifetime while preserving capital for children from a previous relationship.
- An SMSF trustee or member who needs their will to work alongside the fund’s binding death benefit nomination.
- A retiree reviewing an old will after recent life changes such as marriage, separation, grandchildren, a property sale or an inheritance.
- An executor or family member who needs help applying for probate or administering an estate.
- Someone considering, or responding to, a family provision claim against an estate.
If your situation is not on that list, give us a call and we will tell you honestly whether we are the right firm or point you to someone who is.
What to expect
If you contact us, we’ll take the time to understand your circumstances, explain your options without the jargon, and provide a clear summary of the next steps to move things forward. We’ll keep you updated as the matter progresses, so you always know where things stand and what comes next.
Our Wills and Estates lawyers will take the time to understand your circumstances, explain your options without the jargon, and provide a clear summary of the next steps to move things forward.
What you’ll need
For an Estate Planning appointment
- A summary of your assets and liabilities (property, super, bank accounts, etc.)
- Copy of your superannuation information, Binding Death Benefit Nomination (if applicable), Family Trust Deed (if applicable), Company information (if applicable)
- Key family details (partner, children, dependants)
- An idea as to your wishes, such as who you wish to appoint as Executor (and alternatives) and who you would like to benefit from your Estate
- Any specific gifts or wishes that you would like specified in your Will
For Estate Administration or Estate Litigation
- The original Will (if available) or a copy Death certificate (or summary of the details if the certificate is pending)
- Basic asset/liability information (as known)
- Executor/administrator details and family contacts
If you don’t have everything yet, that’s okay; we’ll tell you what’s needed next.
Common risks we help you avoid
- Outdated documents which have not been updated after major life changes (e.g. marriage, separation, new children, new assets)
- Unclear or ambiguous wording that causes confusion or conflict later
- Choosing the wrong executor (or not naming backups)
- Not planning for incapacity (missing Enduring Power of Attorney / Advance Health Directive where relevant)
- Not considering trusts/asset protection when appropriate (e.g., blended families, vulnerable beneficiaries)
- Incorrect signing/witnessing that can invalidate documents
- Misunderstanding what happens after death (probate/admin steps, timelines, executor duties)
- Delays and disputes in Estate Administration due to missing information, poor communication, or uncertain roles
We’ll explain the risks in everyday language, provide you with strategic advice that is specific to your circumstances and map out the next steps, so that you are kept updated and always know what comes next.
Our Brisbane Northside Wills and Estates services
Wills and Testamentary Trusts
A Will is the legal document that sets out who receives your assets, who cares for your minor children and who administers your estate when you die. A Queensland Will must comply with section 10 of the Succession Act 1981 (Qld), which requires the will-maker to sign in the presence of two or more witnesses who are present at the same time.
A testamentary trust Will creates one or more trusts that only come into existence when you die, with beneficiaries receiving their inheritance through the trust rather than directly. They can be useful where you have minor children, blended family circumstances, vulnerable beneficiaries, or beneficiaries in high-risk occupations who would benefit from asset protection.
Enduring Powers of Attorney and Advance Health Directives
A Will only takes effect after you die. It does nothing for you if you are alive but lose capacity through illness, injury or age. To cover that gap, Queensland law allows two other documents that we usually prepare alongside a Will as part of a comprehensive estate plan.
An Enduring Power of Attorney (EPOA), made under the Powers of Attorney Act 1998 (Qld), allows you to appoint a trusted person to make financial and personal (including health) decisions for you if you lose capacity. Without one, your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for a formal appointment, which is time-consuming and public.
An Advance Health Directive (AHD), also made under the Powers of Attorney Act 1998 (Qld), records your wishes about future medical treatment. It is particularly useful if you have strong views about life-sustaining measures or specific health conditions that can be anticipated.
Together, a Will, an EPOA and an AHD form a complete plan: one document covers you if you lose capacity, one covers medical decisions, and one covers what happens after you die.
Estate Litigation and Family Provision claims
When a person dies, someone has to step in, gather their assets, pay their debts and tax, and distribute the estate. That role usually sits with the executor named in the Will, or with an administrator appointed by the court if there is no Will.
Many estates will require a Grant of Probate to be obtained (where there is a valid will) or Letters of Administration (where there is no will, or where the executor appointed in a Will cannot act) from the Supreme Court of Queensland Probate Registry. Banks and superannuation funds will often refuse to release significant assets without such a grant being obtained.
Our probate lawyers handle the application end-to-end: drafting the affidavits, advertising the intention to apply, lodging the documents with the Court, and then guiding the Executor through asset collection, debt payment, ATO obligations and distribution. Where the Estate is being distributed differently to what the Will or rules of intestacy say, we prepare a Deed of Family Arrangement to give effect to the family’s wishes.
Estate Litigation and Family Provision claims
Even a valid Will can be challenged. In Queensland, Part 4 of the Succession Act 1981 (Qld) lets certain people (spouses, children and dependants) apply for further provision from an Estate if they feel the will does not adequately provide for them. Applications must generally be made within nine months of the date of death, with notice having been given to the Executor of an intention to bring a claim within six months.
We can act for the claimant or the Executor, but of course, not at the same time. For claimants, we advise on standing, the strength of the claim, and the most efficient pathway through negotiation, mediation or court. For Executors, we advise on defending the estate and preparing the file notes and statements that strengthen the defence. Most claims resolve at mediation; only a small minority reach a contested court hearing.
We also act in QCAT applications relating to enduring powers of attorney and applications for guardianship orders, where capacity has been lost and there is a dispute about who should make decisions.
Asset protection, trusts and SMSF coordination
An estate plan is more than the Will. It needs to work alongside your trust deeds, company structures, self-managed super fund (SMSF) trust deed, and binding death benefit nominations. Super in particular does not automatically form part of your estate but it can be paid to your estate in certain circumstances. Super can also be dealt with through a binding nomination to your super fund and, for SMSF members, by the process set out in the trust deed of the fund.
We assess the whole picture and coordinate your Will with your binding nominations and trust documents so they work together rather than against each other, and we help with trust establishment, variation and corporate restructuring where the plan needs the underlying structures changed.
Why north Brisbane families choose Kelly Lawyers
- Based in Ascot on the Brisbane northside, with clients across Clayfield, Hamilton, Nundah, Nudgee, Banyo, Virginia, Kedron, Stafford, Chermside and beyond.
- Established in 1984. Four decades of experience drafting Wills, administering Estates and resolving Estate Disputes.
- Plain-English advice. No legalese, no letters you cannot understand.
- Fixed-fee initial consultations with no obligation to proceed.
- Comprehensive estate planning: Wills, EPOAs, AHDs, Probate, Estate Administration and Estate Litigation all handled in-house.
- Cross-team support. Where an estate matter overlaps with property or family law, your estate lawyer can call on our property and family law teams without you having to start again.
What to expect from your first call
We offer fixed-fee initial consultations with no obligation to proceed. In your consultation we will listen to your situation, understand your family and assets, talk through whether a simple Will, a Testamentary Trust or a more structured estate plan is likely to suit, and outline the next steps. Following the consultation we will provide a detailed fee estimate before you decide whether to engage us. Consultations are available at our Ascot office, by phone or by video.An estate plan is the structure that takes care of the people you love when you can no longer do it yourself. It is what takes effect if you lose capacity, and it is the plan your family follows when you are gone. Done well, it removes uncertainty and gives the people closest to you clarity at a time when they need it most.
Kelly Lawyers is a boutique law firm in Ascot, with Wills and Estates lawyers serving Brisbane’s Northside since 1984. We help individuals, families and business owners across Ascot, Clayfield, Hamilton, Nundah, , Banyo, Nudgee, Virginia Kedron, Stafford and Chermside with Wills and Testamentary Trusts, Enduring Powers of Attorney, Advance Health Directives, Probate and Estate Administration, and Estate Litigation. The Public Trustee of Queensland reports that around half of Queensland adults die without a valid will, which leaves the State to decide who inherits. We are here to make sure your wishes are the ones that are followed.
Contact our Wills and Estates team
Book a consultation; we’ll explain the next steps clearly and keep you updated at every milestone.
Wills and Estates frequently asked questions
What is the difference between a Will and an Estate plan?
A Will is one document inside an Estate plan. The Estate plan is the broader package that covers what happens during your lifetime if you lose capacity (enduring power of attorney and advance health directive), how non-estate assets like superannuation are handled (binding nominations), and how trusts and business structures fit alongside your Will. A Will alone is rarely a complete plan.
How long does probate take in Queensland?
From the date of death, a straightforward Grant of Probate from the Supreme Court of Queensland usually takes four to six weeks once the application is filed, with a further three to six months usually required to fully administer and distribute the Estate. More complex Estates (overseas assets, business interests, family provision claims) take longer. Beneficiaries are not normally entitled to receive their share until at least six months after the date of death, because of the family provision claim notice period.
What happens if I die without a Will in Queensland?
If you die without a valid Will, you are said to die intestate. Part 3 of the Succession Act 1981 (Qld) sets out a fixed statutory order for who inherits, with the spouse receiving the first $150,000 plus household chattels and a share of the residue, and the issue (children and grandchildren) sharing the remainder. The intestacy rules do not account for blended families, step-children who were not legally adopted, close friends or carers. Letters of Administration must usually be obtained from the Supreme Court before anything can be distributed.
Who can contest a Will in Queensland?
Under Part 4 of the Succession Act 1981 (Qld), spouses, children, stepchildren in some circumstances and dependants can apply for further provision from the estate if they feel the Will does not adequately provide for them. Applications must generally be made within nine months of the date of death, with notice to be provided to the Executor within six months. Most claims resolve at mediation rather than at a court hearing.
What is an Enduring Power of Attorney and do I need one?
An Enduring Power of Attorney (EPOA), made under the Powers of Attorney Act 1998 (Qld), lets you appoint a trusted person to make financial and personal decisions for you if you lose capacity. Most adults benefit from having one in place. Without an EPOA, your family may need to apply to QCAT for a formal appointment, which is time-consuming, public, and may not result in the person you would have chosen being appointed.
When should I update my Will or Estate plan?
At least every three to five years, and immediately after any major life event, including marriage, divorce, separation, the birth or adoption of a child, the death of a beneficiary or executor, a significant asset purchase or sale, or a change in your business or SMSF structure. Marriage automatically revokes an existing will under section 14 of the Succession Act 1981 (Qld) unless the Will was made in contemplation of that marriage.
Do I need a lawyer to apply for probate in Queensland?
You can apply for a grant of probate yourself as the executor, but the application has strict procedural requirements (advertising, affidavits, certified copies, the original will), and small mistakes can mean the Court rejects the application or asks for it to be redone. Most executors find using a probate lawyer faster and less stressful, and banks and superannuation funds tend to release assets more readily once a grant has been issued.
How much does Estate Planning cost?
Fees depend on the structure you need. Simple Wills are quoted as a fixed fee. Testamentary Trust Wills, full Estate Planning packages (Will, EPOA, AHD, binding nominations and reviewing any associated trust or company documents) are also quoted in writing before any work begins. Probate and Estate Administration fees vary with the size and complexity of the Estate. We quote in writing before we start so you know what to expect.
Speak with a Brisbane Wills and Estates Lawyer
If you have been meaning to make a Will, update an existing plan, apply for Probate, or get advice on a family provision claim, book a fixed-fee consultation with a Kelly Lawyers Wills and Estates Lawyer. We will listen, explain your options in plain English and outline costs in writing before any work begins.
Kelly Lawyers | Ascot, Brisbane northside | Servicing Clayfield, Hamilton, Nundah, Kedron, Stafford and Chermside.