We are here to help you plan for your family's future.

Whether you need a basic will or a comprehensive estate plan, you can have peace of mind that the suitable arrangements are in place at the right time.

We can provide assistance with:

• Wills - We work with you to assess whether a simple or complex Will best suits your needs, while carefully considering the guardianship of minor children, the appointment of appropriate executors and trustees, and the management of any companies, and trusts.

• Testamentary Trusts - Preserving estate assets for your intended beneficiaries. 

• Special Disability Trusts or Protective Trusts - Consider the best way of providing for a beneficiary with a disability or special needs.

• Enduring Powers of Attorney - Making certain your affairs are managed by people you trust for both personal/health and financial matters.

• General Powers of Attorney - If you are a sole director of a private company or travel regularly, ensuring someone can act for your company if you cannot.

• Advance Health Directives - Documenting your preferences for future medical treatment when you cannot make your own decisions.

• Superannuation Advice - Your superannuation should be considered as part of your estate planning, so that it goes to your intended beneficiaries in a tax effective way.

At McCarthy Durie Lawyers, our experience in estate planning allows us to prepare documents that reflect your individual needs. We understand that thinking about wills can be confronting, but by taking the time to listen we create an environment to help you feel at ease and ensure you leave feeling prepared for the future.

To ensure there are no surprises, we offer fixed-fee quotes tailored to your individual needs.

Have you been appointed as an executor of a will?  Being appointed executor of a loved one’s will is an important responsibility, one that must be carried out correctly and in a timely manner.  We are here to lend our expertise to guide you through the probate and estate administration process and reduce your stress. 

Our Team assists executors with every aspect of estate administration, including:

• advising on the rights and duties of an executor

• obtaining grants of probate or letters of administration

• advising on and administering both simple and complex estates

• collecting and securing assets including:

  • the sale or transfer of real property

  • bank accounts

  • investments

  • superannuation

  • household items, family heirlooms and personal belongings

    • preparation of estate accounts

    • managing debts

    • handling tax obligations

    • communicating with beneficiaries

    • administering testamentary trusts

    • applications to the court for directions if there is a need for court guidance

    • overseeing interim and final distributions to beneficiaries

Managing the probate and estate administration process can be overwhelming.  With clear communication and professional guidance, our Team will help you navigate the complexities of the legal system, handle paperwork and help minimise potential disputes among beneficiaries.  

Legal Jargon explained:

Probate – Official recognition by the Supreme Court Queensland that a Will is valid and authorises the Executor appointed by the Will to administer the estate. 

Letters of Administration – grants a person the legal authority to manage and distribute the assets of an estate where there is no valid will (intestate) or when the appointed executor is unable or unwilling to act.  It appoints an Administrator to handle to estate.

Executors, Administrators, intestacy, trustees, guardians, testator, fiduciary duties – the list of legal jargon goes on.

Let us help you navigate your role and responsibilities.