The Wills and Estates Team at McCarthy Durie Lawyers has the knowledge and experience to guide you through all aspects of wills, estate planning, probate, estate administration and estate litigation. We are committed to helping you plan for the future and ensuring your family's interests are protected.
Years of experience
For most wills
Office locations
McCarthy Durie Lawyers
Typically replies instantly
You
Does this sound like you?
McCarthy Durie Lawyers
Typically replies instantly
You
What We Do
Put the right plans in place now so your family is looked after later. We offer fixed-fee quotes tailored to your needs.
We guide executors through every aspect of probate and estate administration, ensuring duties are carried out correctly.
Whether you need to challenge a will or defend an estate claim, we provide experienced, practical guidance.
Providing for a beneficiary with a disability or special needs requires careful, specialised planning.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
We discuss your family situation, assets, and wishes to understand what type of estate plan you need.
We recommend the right combination of documents, whether a simple will, testamentary trust, or comprehensive plan.
We prepare your documents and walk you through them in detail, making sure everything reflects your wishes.
We arrange proper witnessing, execution, and secure storage of your documents.
In Detail
Whether you need a basic will or a comprehensive estate plan, you can have peace of mind that suitable arrangements are in place.
Being appointed executor of a loved one's will is an important responsibility. We guide you through every aspect including:
An Enduring Power of Attorney ensures your affairs are managed by people you trust if you lose capacity to make decisions yourself.
An Advance Health Directive lets you document your preferences for future medical treatment in case you are unable to communicate them yourself.
When disputes arise over a will or estate, emotions run high and the legal process can be complex. We assist with:
A testamentary trust is created through your will and can provide significant benefits for your beneficiaries including:
If you have a family member with a disability, a Special Disability Trust can help you provide for their future care and accommodation while preserving their Centrelink entitlements.
Your superannuation does not automatically form part of your estate. Without proper planning, your super may not go to your intended beneficiaries. We advise on:
Whether you need a basic will or a comprehensive estate plan, you can have peace of mind that suitable arrangements are in place.
An Enduring Power of Attorney ensures your affairs are managed by people you trust if you lose capacity to make decisions yourself.
When disputes arise over a will or estate, emotions run high and the legal process can be complex. We assist with:
If you have a family member with a disability, a Special Disability Trust can help you provide for their future care and accommodation while preserving their Centrelink entitlements.
Being appointed executor of a loved one's will is an important responsibility. We guide you through every aspect including:
An Advance Health Directive lets you document your preferences for future medical treatment in case you are unable to communicate them yourself.
A testamentary trust is created through your will and can provide significant benefits for your beneficiaries including:
Your superannuation does not automatically form part of your estate. Without proper planning, your super may not go to your intended beneficiaries. We advise on:
Latest Insights
Dying without a valid Will is called dying "intestate." When this happens, legislation steps in and decides how your assets are distributed, and the result may be nothing like what you would have wanted.
Read more
Serving as an executor can be a daunting task, especially when managing the estate of a loved one. The role comes with numerous responsibilities, and many people are unaware of what these duties entail and how time consuming they can be. Further, mo
Read more
A Grant of Probate is an official document from the Supreme Court of Queensland that confirms the last Will is valid and gives the Executor (the person named in the will to handle the estate) the legal right to deal with the deceased person’s real pr
Read moreFAQ
Yes. Without a will, the law decides who inherits your estate through the rules of intestacy, which may not match your wishes. A will also lets you name guardians for any children under 18, appoint an executor you trust, and avoid avoidable delays and costs for the people you leave behind.
When a person dies without a valid will (intestate), their estate is distributed according to a fixed formula set out in Queensland succession law. Spouses, de facto partners and children are prioritised in set proportions. The process is generally slower and more expensive than administering a clear will, and someone has to apply to be the estate administrator.
We recommend reviewing your will every few years and after any major life event, including marriage, separation, divorce, the birth of a child or grandchild, the death of an executor or beneficiary, or a significant change in your assets. Marriage and divorce can revoke parts of a will under Queensland law, so updating after either is important.
A will deals with your estate after you die. An Enduring Power of Attorney lets people you trust make financial and personal or health decisions for you while you are alive but unable to make them yourself, such as through illness or incapacity. Most clients put both documents in place at the same time.
Once the application is filed, the Supreme Court of Queensland generally grants probate within a few weeks if the documents are in order. The wider estate administration, including collecting assets, paying debts and distributing to beneficiaries, usually takes six to twelve months and can be longer if the estate is complex or contested.
In Queensland, eligible people, such as a spouse, de facto partner, child or certain dependants, can apply to the court for further provision from an estate under family provision laws. Strict time limits apply, often within nine months of death. We can review your circumstances and explain whether you have grounds to bring a claim.
Online Enquiry
Have a question about wills & estates? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
