Do I need to make a will?

You don't have to make a will. But if you die without a will, you are classified as having died "intestate". According to Queensland law, if you die without a will the Public Trustee assumes responsibility over your estate unless someone else receives letters of administration. Queensland's Succession Act 1981 lays out the rules regarding who can receive your estate if you die without a will.

When should I update my will?

We recommend you update your will when you: Marry or enter a de facto relationship Separate, divorce or end a de facto relationship Have children or grandchildren Buy or sell property Experience changes in your financial affairs Experience the death of your executor or of a beneficiary

Do I need a solicitor to draw up a will?

While you don't need a solicitor to prepare your will, legal support definitely helps. A solicitor will ensure your will is valid and perfectly expresses your wishes. They'll also offer the best advice on how you can provide for your partner or dependents, how to structure your affairs, how to choose an executor or trustee, and how to manage any international assets. They'll also safely store your will for you until it's needed.

Who is entitled to a copy of a will in Queensland?

You're entitled to a certified copy of a will if you: Are named in the current or any previous will Are a spouse, parent or child of the deceased Would be entitled to a share of the estate if the deceased had died intestate The parent of a child under 18, who is either mentioned in the will or would be entitled to a share Are a creditor or have a claim against the estate Can make a Family Provision Claim

WILLS, ENDURING POWERS OF ATTORNEY & ESTATE PLANNING

Wills And Estates Toowoomba

Preparing for death isn't something we often like to think about. At Masons Solicitors, we streamline this process with our trademark expertise, care, and professionalism. We will help you prepare a will or estate specific to your circumstances and unpack the differences between the two. While wills are limited to your estate and may not involve shared assets like a family trust, estates can incorporate other legal factors, such as assets or permissions.

Our legal professionals are ready to help you determine how you'd like your assets to be distributed. We'll work with you to craft your will, including any beneficiaries, the people you'd like to raise any young children or dependents, information regarding your trusts, any financial donations you'd like to make, and your funeral arrangements.

Sometimes, clients come to us wanting to set directives in place to give them security before they pass away. Our Masons Solicitors team are experts in estate planning, which incorporates a will and additional documents such as a testamentary trust, superannuation nominations, powers of attorney and guardianship, and an advanced healthcare directive. With our help, you'll develop an estate plan that offers the reassurance you need in the event you become unwell and can't make decisions, or if you pass away with many assets. We're on hand to help you understand what's involved in each of these documents and how they might apply to your circumstances.

Making A Will

Your will sets out what you'd like to happen after you pass away - and it's crucial you ensure your will is valid. For a will to be valid, it must be written, signed, and witnessed by two others who also sign the will.

With a valid will, you'll have the greatest assurance your assets will be distributed exactly as you want them. If you have a family or any financial dependents, it's always in your best interests to make a will.

At Masons Solicitors, we'll walk through the will-making process with you and will ensure your documents are valid and prepared exactly as you wish.

Wills, Enduring Powers of Attorney & Estate Planning

Your Will and Enduring Power of Attorney – arrange an appointment with one of our solicitors

In these uncertain times, it is more important than ever to ensure that your loved ones are properly provided for and looked after. We are able to take instructions and still see you personally (with appropriate protections in place) to answer any questions and finalise your documents. As well as making sure your Will and Enduring Power of Attorney documents are properly signed and witnessed, we keep Wills permanently in an electronic format (which allows for easy and efficient future amendments) and retain hard copies in a fireproof safe custody service (which is also electronically recorded for any address changes). We can also assist with Advance Health Directives.

We aim to ensure a co-operative effort to make sure your wishes are reflected in the documents.

Planning for your family’s future after you die is a really important personal and legal task. If you take the time now to make an effective legally binding Will you can save your family personal and financial stress in what will undoubtedly be a difficult time for them.

In a round table meeting, we work out the best solutions with you and often prepare and finalise draft documents during the appointment. At every point of the process you can see what is happening and make decisions. We ensure that if you are incapacitated or die, responsible members of your family or associates stay in control.

We aim to make the process as easy as we can.

We provide you with a questionnaire to help you to sort out the issues, so that draft documents can be prepared in readiness for your appointment.

The Will is only proved through Court (probate) if absolutely necessary – otherwise we can save you costs with alternative approaches.

There is special attention to superannuation, trust and company assets, also special provisions for spouses.

FIXED FEES

For sales, purchases and wills and enduring powers of attorney.

We provide a service that is reliable and upfront. You know our fees before proceeding.

ON-LINE VERIFICATION OF IDENTITY FOR CLIENTS

All land transfers require identity checks. This makes sure your transactions are secure.

Masons Solicitors can:

Advise you in regard to estate and probate laws,
Write a will that maximises the inheritance for your family,
Set up family and testamentary trusts,
Advise you in regard to choosing executors and guardians,
Minimise the chance that your will is contested and subject to litigation,
Refer you for independent taxation and financial advice,
Safely store your will and other important legal documents.

At the same time as considering your Will we strongly recommend that you also put in place plans for any future incapacity through an Enduring Power of Attorney and an Advance Health Directive. This will ensure that if you become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered.

Wills & Estates FAQs

Do I need to make a will?

You don't have to make a will. But if you die without a will, you are classified as having died "intestate". According to Queensland law, if you die without a will the Public Trustee assumes responsibility over your estate unless someone else receives letters of administration. Queensland's Succession Act 1981 lays out the rules regarding who can receive your estate if you die without a will.
When should I update my will?
We recommend you update your will when you:
- Marry or enter a de facto relationship
- Separate, divorce or end a de facto relationship
- Have children or grandchildren
- Buy or sell property
- Experience changes in your financial affairs
- Experience the death of your executor or of a beneficiary
Do I need a solicitor to draw up a will?

While you don't need a solicitor to prepare your will, legal support definitely helps. A solicitor will ensure your will is valid and perfectly expresses your wishes. They'll also offer the best advice on how you can provide for your partner or dependents, how to structure your affairs, how to choose an executor or trustee, and how to manage any international assets. They'll also safely store your will for you until it's needed.
Who is entitled to a copy of a will in Queensland?
You're entitled to a certified copy of a will if you:
- Are named in the current or any previous will
- Are a spouse, parent or child of the deceased
- Would be entitled to a share of the estate if the deceased had died intestate
- The parent of a child under 18, who is either mentioned in the will or would be entitled to a share
- Are a creditor or have a claim against the estate
- Can make a Family Provision Claim