Wills Lawyer Australia

Making a will is one of the most important legal decisions you'll make. A properly drafted will ensures your assets are distributed according to your wishes, protects your beneficiaries, and minimizes the risk of family disputes after your death.

At Will and Estate Lawyers Australia, our experienced estate lawyers provide affordable, professional will preparation services across Australia. Unlike generic will kits, our lawyer-drafted wills are tailored to your circumstances, legally valid, and designed to withstand future challenges.

Why Use a Wills Lawyer Instead of a Will Kit?

While will kits might seem like a budget-friendly option, they're a leading source of estates litigation. Like pulling a tooth without a dentist, it's technically possible if you know what you're doing—but the risks far outweigh any savings.

Our wills lawyers see the problems that arise from DIY will kits every day. Common issues include failing to properly name an executor, leaving assets undistributed, unclear beneficiary nominations, and invalid execution that renders the entire will useless. One recent case involved a will kit that named an executor but no beneficiaries, making it practically worthless.

Why Will Kits Fail

• Not Personalized: Generic templates can't handle complex family structures, business interests, investments, blended families, or estranged children. Your situation deserves customized legal advice, not a one-size-fits-all document.
• Ambiguous Language: Poor drafting creates ambiguity that forces families to apply to court for interpretation—costing thousands in unnecessary legal fees and causing significant delays in estate administration.
• Execution Errors: Wills must be properly witnessed and signed according to strict legal requirements. A single mistake can invalidate the entire document, leaving your estate intestate (as if you died without a will).
• Not Future-Proof: Life changes require updates. A carefully drafted will by experienced estate lawyers can last for years and adapt to foreseeable circumstances without requiring constant amendments.

At only $599 for a professionally drafted will, the cost difference between our services and a will kit is minimal—but the peace of mind and legal protection are invaluable.

What Happens If You Die Without a Will?

If you die without a valid will in Australia, your estate is distributed according to intestacy rules under the Succession Act. This means the government—not you—decides who inherits your assets.

Contrary to popular belief, your estate doesn't automatically pass to the State. However, the distribution follows a strict legal hierarchy that may not reflect your wishes. Your spouse receives $150,000 plus household items and one-third of the remaining estate, with your children receiving two-thirds. If you're single with no children, your parents inherit. If no parents survive you, your siblings inherit, and so on down the line.

Without a will, you also can't:

• Choose who manages your estate (your executor)
• Appoint guardians for children under 18
• Leave gifts to friends, charities, or non-family members
• Provide for a partner if you're not married or in a registered de facto relationship
• Create testamentary trusts for asset protection or tax planning
• Include explanation clauses to reduce dispute risk

If no eligible relatives can be found, your entire estate passes to the government (Crown). The administration process also becomes more complex and expensive, requiring a court application for Letters of Administration instead of the simpler probate process.

Our Will Preparation Process

We've designed our will preparation services to be straightforward, affordable, and professional. Here's how it works:

1. Free Initial Consultation

We begin with a telephone conference to understand your circumstances, family structure, assets, and wishes. This consultation is completely free with no obligation. We'll explain your options, identify any risks or complexities, and confirm whether our standard fixed-fee service is suitable for your needs.

2. Professional Drafting

Once you approve our quote and pay the fixed fee, our legal team prepares your will. We draft clear, unambiguous language that accurately reflects your instructions while minimizing the risk of future challenges. Every will includes proper executor appointments, beneficiary nominations, and consideration of what happens if beneficiaries predecease you.

3. Review & Execution

We review the completed will with you, explaining each provision to ensure you understand and approve the document. We then arrange proper witnessing to ensure your will is legally valid. Execution services are available at our Milton office, easily accessible from Brisbane's northside and southside, or we can arrange remote execution if needed.

What's Included in Your Will

Our professionally drafted wills include:

• Executor Appointments: Nominate who will manage your estate, with backup executor provisions
• Guardian Nominations: For parents with children under 18, appoint guardians to care for your children
• Asset Distribution: Clear instructions for distributing your property, money, investments, and personal possessions
• Specific Bequests: Leave particular items or amounts to specific people
• Residuary Estate: Distribute everything not specifically gifted
• Backup Beneficiaries: Provisions for what happens if primary beneficiaries predecease you
• Powers for Executors: Grant necessary powers to manage and distribute your estate efficiently

Complete Estate Planning Services

While a will is essential, comprehensive estate planning involves additional documents that work together to protect you during life and after death. We offer complete estate plan packages that include:

Enduring Power of Attorney

An Enduring Power of Attorney allows someone you trust to make financial and personal decisions on your behalf if you lose capacity due to illness, injury, or aging. This prevents the need for guardianship applications and ensures your affairs are managed according to your wishes.

Advance Health Directive

An Advance Health Directive (also called a living will) records your preferences for medical treatment if you can't communicate. This guides doctors and family members during difficult times and ensures your values are respected.

Our complete estate planning packages provide comprehensive protection at affordable fixed fees. Contact us for a personalized quote.

When Should You Update Your Will?

Life changes, and your will should reflect your current circumstances. You should review and potentially update your will when:

• You marry, separate, or divorce
• Children or grandchildren are born
• You acquire significant assets or property
• You start or sell a business
• Your chosen executor dies or becomes unsuitable
• You move to a different state or territory
• Family relationships change
• Tax or succession laws change
• Every 3-5 years as a general review

Important for Separating Couples: Queensland law only revokes will provisions in favor of a former spouse once your divorce is finalized. If something happens to you before then, your estranged spouse may inherit under your old will. Additionally, if you own property as joint tenants, survivorship law means your interest automatically passes to the other joint tenant—even if you're separating. Contact our Brisbane lawyers immediately if you're going through separation to protect your estate.

Special Considerations for Complex Estates

While most clients only need a simple will for $599, some situations require additional estate planning advice and specialized drafting:

• Blended Families: If you have children from previous relationships, proper planning ensures everyone is provided for while minimizing dispute risk
• Business Owners: Business succession planning ensures your business continues or is sold according to your wishes
• Estranged Children: If you're excluding someone who might make a family provision claim, explanation clauses and proper structuring can reduce litigation risk
• Disabled Beneficiaries: Testamentary trusts can protect government benefits while providing for loved ones with disabilities
• Tax Planning: For larger estates, testamentary trusts can minimize tax and provide asset protection for beneficiaries
• International Assets: If you own property or assets overseas, coordination with foreign legal requirements may be necessary

During your free consultation, we'll identify any complexities and provide a fixed-fee quote for the additional work required. You can then decide whether to proceed with a simple will (accepting the risks) or implement comprehensive strategies to protect your estate.

Why Choose Will and Estate Lawyers Australia?

Our estate lawyers focus exclusively on wills, deceased estates, and succession law. This specialization means we understand the complexities, anticipate problems, and draft documents that stand up to future challenges. We've helped families navigate contested estates and know exactly what causes disputes—so we can help you avoid them.

Serving Clients Across Australia

While our principal offices are in Queensland, we provide will preparation services across Australia. Our lawyer team can assist clients in Brisbane, Sydney, Melbourne, Gold Coast, Sunshine Coast, and beyond.