Estate Planning Lawyers Brisbane: A plan that moves your family forward

Clear, plain-English Estate Planning for professionals, parents and business owners across Brisbane’s Northside.

From your Will and Enduring Power of Attorney through to Testamentary Trusts, asset protection and Self- Managed Super Fund (SMSF) coordination, we help you put the right plan in place during your lifetime so the people who matter most are looked after and your wishes are the ones that are followed.

The Public Trustee of Queensland reports that around half of Queensland adults die without a valid Will. That leaves the State to decide who inherits, often at a cost and timeframe families do not expect. A properly structured Estate Plan removes that uncertainty and gives you a single, coordinated set of documents that work together.

What Estate Planning means

Estate Planning is the work of putting the right Legal documents and decisions in place during your lifetime, so that if you lose capacity or pass away, your wishes can be followed, your assets are structured to reduce avoidable risk and your family is not left guessing.

It is broader than a Will. A complete Estate Plan typically covers four areas:

Your Will, including any Testamentary Trust structure, that sets out who inherits from your Estate and who administers it.
Your Enduring Power of Attorney for financial, personal (including health) matters if you lose capacity.
Your Advance Health Directive for medical treatment and health care decisions if you cannot make those decisions yourself.
Coordinated advice on assets that may sit outside your Will, including superannuation, jointly owned property and assets held in trusts, companies or a SMSF.

Together, these documents form a single plan rather than four separate decisions. Our role is to make sure they work together.

What's at Risk without an Estate Plan

Without a current Estate Plan in place, three things commonly happen, and all of them are avoidable:

Intestacy. If you die without a valid Will, the Succession Act 1981 (Qld) decides who receives your assets in a fixed statutory order. That order may not reflect your relationships, blended family arrangements or charitable wishes.
Capacity gaps. Without an Enduring Power of Attorney and an Advance Health Directive, your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for the appointment of an Administrator and Guardian. That process is public, time-consuming and removes choice from the people who know you best.
Tax and structure leakage. Assets distributed without a Testamentary Trust or proper superannuation nomination can attract avoidable tax, lose asset-protection benefits or be exposed to family law and creditor claims of beneficiaries.

A small amount of work now prevents a much larger amount of work, cost and conflict later.

The documents which bring together your Estate Plan

Every Estate Plan we prepare is tailored to your circumstances. The core documents are:

wills and testamentary trust wills

Your Will is the foundation document. We prepare simple Wills where they are appropriate, and can include Testamentary Trusts in your Wills where the value of the Estate, the make-up of your family or your asset-protection objectives warrant the extra structure. A Testamentary Trust can offer income-splitting, asset protection from beneficiaries’ relationship breakdowns or creditors, and flexibility that a simple Will cannot.

Enduring Powers of Attorney

An Enduring Power of Attorney (EPOA) appoints one or more people to make decisions on your behalf for financial and personal (including health) matters, if you lose capacity. It is governed by the Powers of Attorney Act 1998 (Qld). We prepare the document, explain when each type of authority takes effect and help you choose lawyers who will act in line with your values.

Advance Health Directives

An Advance Health Directive (AHD) sets out your specific wishes for future medical treatment, including life-sustaining measures, in circumstances where you cannot make those decisions yourself. We prepare AHDs alongside your EPOA so the two documents work together and your chosen Attorney is supported, not second-guessing your preferences during a crisis.

Asset protection, Trusts and Self- Managed Super Fund (SMSF) coordination

For clients with investment property, family trusts, self-managed super funds or business interests, the Will is only one part of the picture. We coordinate Binding Death Benefit Nominations for superannuation, advise on trust deeds and trustee succession and structure your Estate Plan so assets flow to the right people in the most tax-effective way.

Guardianship arrangements for minor children

If you have children under 18, your Will is the place to nominate the Guardian you would like to step in if both parents are unable to. We work through who is appropriate, how to support them financially through a Testamentary Trust if needed and how to record your wishes in a way that gives a court the strongest evidence of your intentions.

When to put an Estate Plan in place or update one

There is no perfect age to start. There are, however, specific life events that should always trigger a fresh look at your Estate Plan. If any of these apply, your current plan may no longer reflect your circumstances:

You have bought your first home or an investment property.
You have married, separated, divorced or entered a de facto relationship.
You have had a child, a grandchild, or taken on the care of a child.
You have started, sold or restructured a business.
You have set up an SMSF or family trust, or made significant changes to one.
A beneficiary has experienced a relationship breakdown, addiction, disability or financial difficulty.
Someone you previously appointed as Executor, Solicitor or Guardian is no longer the right choice.

Estate Planning for blended families and business owners

Two situations come up often in our Brisbane Northside practice and they deserve specific attention.

Blended families face the challenge of looking after a current partner while also protecting children from previous relationships. A simple Will rarely solves this well. We can advise you to consider life interest provisions, Testamentary Trusts and careful superannuation nominations, to balance all needs.

Business owners face the challenge of separating personal Estate Planning from business succession. Who inherits the shares is not always the same as who runs the company. We coordinate your Will with shareholder agreements, buy-sell arrangements and trust structures so the two sides of the plan stay aligned.

How we work

Our process is designed to be clear, calm and well-paced. There are no surprises.

Initial Estate Planning appointment. We map your assets and liabilities, family situation, existing structures and the outcomes that matter to you.
Written fee estimate. Before any drafting begins, you receive a written fee estimate for the full Estate Planning package, in plain English.
Drafting and review. We prepare your Will, Enduring Power of Attorney, Advance Health Directive and any related documents, then walk you through each one.
Signing and storage. We guide you through the formal signing of your documents to make sure they comply with the witnessing requirements in Queensland law, and we provide guidance on safe custody.
Future reviews. We recommend reviewing your plan every three to five years and after any major life event.

Who we help

Our Estate Planning clients on Brisbane’s Northside often fall into one of these groups:

Established professionals and business owners with property, super and trust structures who want a single coordinated plan.
Parents who want certainty about who would care for their children and how those children would be supported financially.
Clients in blended families who need to balance the interests of a current partner with children from previous relationships.
People who have been appointed as an Executor and want their own affairs in equally good order.
Clients separating or divorcing who need to update an Estate Plan that was built around a different relationship.

Estate Planning across Brisbane's Northside

Our office is on Racecourse Road in Ascot. We act for clients across Brisbane’s Northside, including Clayfield, Hamilton, Nundah, Banyo, Nudgee, Virginia, Kedron, Stafford, Chermside and surrounding suburbs. Appointments are available in person at our Ascot office, or by video, whichever suits you.

Why North Brisbane families choose Kelly Lawyers for Estate Planning

Kelly Lawyers has been a fixture on Brisbane’s Northside since 1984. The firm was founded by Greg Kelly and is led today by Alex Holland and Georgina Ponting as Principal and Legal Practitioner Directors. Our positioning has not changed in four decades: clear, plain-English advice, proactive communication and a genuine commitment to moving our clients forward.

Plain-English drafting. No legalese, no jargon, no surprises.
Coordinated thinking. Your Will, EPOA, AHD, super and trust advice are designed to work as a single plan.
Four practice areas in-house. Estate Planning sits alongside our Property and Conveyancing, Family Law and Commercial Law teams, so changes in any one area can be reflected across the others.
Boutique scale. You deal with the same lawyer from your first appointment to your signed documents.

What to Expect from your first call

Your first call is an unhurried conversation about your situation and what you would like to achieve. We explain our process and if you like, we can provide a guide as to what the fee estimate will look like. There is no obligation to proceed, and you receive a response to all new enquiries within one business day.

Estate Planning frequently asked questions

What is the difference between a Will and an Estate Plan?

A Will is one document within an Estate Plan. An Estate Plan also includes your Enduring Power of Attorney, your Advance Health Directive and any advice and structuring around superannuation, trusts and jointly owned assets. A Will alone leaves significant gaps; a coordinated Estate Plan closes them.

Do I really need an Estate Planning Lawyer in Brisbane, or can I use a kit?

DIY Will kits and online templates can technically be valid in Queensland if they are signed and witnessed correctly. The risk is not usually in the Will itself; it is in everything around it. A kit will not tell you that your Superannuation does not pass under your Will by default, that your jointly owned home passes by survivorship, or that your trust assets are governed by a deed, not your Will. Many Estate problems begin with these blind spots.

How much does an Estate Plan cost?

We provide a written Cost Agreement for all of our Estate Planning services after your initial appointment. The fee depends on the complexity of your situation: a straightforward Will with a matching EPOA and AHD sits at the lower end, while plans involving Testamentary Trusts, blended families, SMSFs or business structures cost more. You receive the full estimate of fees in writing before any drafting begins.

How long does it take to put an Estate Plan in place?

For a typical plan, allow around two to four weeks from your first appointment to signed documents. Complex plans involving trust restructuring or SMSF advice can take longer. If you need an urgent Will, for example before surgery or travel, we can usually prioritise the work.

How often should I review my Estate Plan?

We recommend a review every three to five years and an immediate review after any major life event, including marriage, separation, divorce, the birth or adoption of a child, the death of a beneficiary or appointed person, a significant change in assets, or the start, sale or restructure of a business.

Can you handle Estate Planning if my assets sit in other states?

Yes, we can handle assets that sit in other states. A Queensland Estate Plan is generally recognised across Australia for the purposes of administering your Estate. If you own real property in another state, there can be practical advantages to preparing a separate Will or document under that state’s law. We talk through whether that is necessary in your situation.

What happens if I lose capacity without an Enduring Power of Attorney?

If you lose capacity without an EPOA in place, your family may need to apply to QCAT for the appointment of an Administrator for financial matters and a Guardian for personal matters. QCAT decides who is appointed based on the legal principles and the evidence before it. The process is public, takes time and removes choice. An EPOA prepared during capacity can help avoid this.

Do I need a Testamentary Trust Will?

Not everyone needs a Testamentary Trust. They are worth considering if you have significant assets, if a beneficiary is a minor or has a disability or special needs, if a beneficiary’s relationship or financial situation is at risk, or if you want income-splitting flexibility for adult beneficiaries. We can tell you in your first appointment whether one is likely to be worthwhile

Speak with a Brisbane Northside Estate PLanning lawyer

If you would like a calm, clear conversation about putting an Estate Plan in place or updating one that is no longer current, our team is here. Call our Ascot office on (07) 3268 7199 or send a confidential enquiry online. We respond to all new enquiries within one business day.