Queensland Probate

Queensland Probate Queensland Probate - Probate Made Easy

Probate in QLD – Know When to Get Legal HelpEstate administration can be complex. Discover how probate law operates in Q...
28/04/2026

Probate in QLD – Know When to Get Legal Help

Estate administration can be complex. Discover how probate law operates in Queensland, when probate or letters of administration are required, and how skilled probate lawyers can support you through the process with clarity and confidence.

📖 Read our latest blog to learn when seeking legal assistance is crucial:
https://qldprobate.com.au/probate-law-in-queensland-when-you-need-legal-help/

👉 Get in touch today for reliable probate guidance in QLD.

📞 Call us on 07 2000 4810 now or email [email protected]

Managing a deceased estate can feel complex and stressful. Our experienced probate lawyers guide executors through the p...
24/04/2026

Managing a deceased estate can feel complex and stressful. Our experienced probate lawyers guide executors through the probate process, helping streamline administration and minimise unnecessary delays.

Get clear, practical legal support from start to finish.

👉 Learn how probate works in QLD. Visit our website for trusted probate guidance: https://qldprobate.com.au/probate-lawyers/

22/04/2026

When there is no valid Will or no Executor available, letters of administration may be required before an estate can be dealt with. Our latest article explains:

• Who is eligible to apply
• How the process works under probate law
• When it’s important to speak with a probate lawyer

Understanding the steps early can help avoid delays and complications.

👉 Read the full blog here:
https://qldprobate.com.au/letters-of-administration-in-queensland-who-can-apply/

📞 Need support? Our experienced probate lawyers are ready to assist.

Call 07 2000 4810 now or email [email protected]

Many wills include specific gifts of personal items such as jewellery, artwork, or furniture. Executors must ensure thes...
30/01/2026

Many wills include specific gifts of personal items such as jewellery, artwork, or furniture. Executors must ensure these items are kept safe and delivered to the correct beneficiaries.

Items not specifically gifted usually form part of the “residue” of the estate. Before selling, donating, or disposing of these belongings, executors should consult the residual beneficiaries.

Executors are allowed to discard genuinely valueless or unusable items. However, if an executor mistakenly disposes of property that later proves to have value, they may be held personally liable for mismanaging the estate.

Executors should also be cautious when interpreting the will. If the wording is unclear, especially in informal or self-drafted wills, legal advice or court guidance may be necessary to avoid costly mistakes.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

One of an executor’s first responsibilities is to identify and document all estate assets and liabilities. This usually ...
23/01/2026

One of an executor’s first responsibilities is to identify and document all estate assets and liabilities. This usually involves preparing a detailed inventory and, where appropriate, arranging valuations.

This process protects both the executor and the beneficiaries. Clear records help demonstrate that estate property has been preserved, not misused, sold improperly, or given away without permission.

Executors must preserve estate assets and maintain their value until they are transferred to beneficiaries. Even items that appear minor or sentimental may still hold monetary or legal significance. If an executor gives away property contrary to the will or without consent, the court may find that they have acted improperly — and in serious cases, remove them from the role.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

Can an Executor Give Away Estate Property in Queensland?When someone is appointed as an executor, they are entrusted wit...
16/01/2026

Can an Executor Give Away Estate Property in Queensland?

When someone is appointed as an executor, they are entrusted with managing a deceased person’s estate responsibly. In Queensland, an executor does not have unrestricted power to give away estate property.

Once probate is granted, the executor gains legal control over estate assets — but only for the purpose of administering the estate and carrying out the deceased’s wishes as set out in the will. This authority is fiduciary in nature and must be exercised in the best interests of the beneficiaries.

An executor may only give away or dispose of estate property if:
• the will expressly authorises it
• all beneficiaries consent, or
• the Supreme Court of Queensland approves the action

Giving away estate property without proper authority may amount to a breach of the executor’s legal duties and can expose the executor to personal liability.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

An executor is responsible for managing a deceased person’s estate and ensuring the will is carried out according to Que...
09/01/2026

An executor is responsible for managing a deceased person’s estate and ensuring the will is carried out according to Queensland law. But can an executor actually change a will?

The Executor’s Role
An executor must act in the best interests of the beneficiaries and follow the testator’s wishes as stated in the will. This fiduciary duty means they cannot make decisions for personal benefit or disregard the will’s instructions.

Can the Will Be Changed?
Generally, an executor cannot alter the terms of a will. However, if all beneficiaries agree, changes may be made through a Deed of Family Arrangement (also known as a Deed of Variation).
This agreement allows beneficiaries to redistribute their entitlements — for example, if one family member wishes to give up part of their inheritance to another. Any person whose share is reduced must provide written consent.

When Distribution Differs from the Will
Even without changing the will, the final distribution of an estate may differ due to:
• A deceased beneficiary – Under section 33B of the Succession Act 1981 (Qld), a beneficiary must survive the testator by 30 days unless the will states otherwise.
• Estate debts – Assets may need to be sold to pay liabilities before distribution.
• Unclear wording – If a clause is vague, the executor may seek direction from the Supreme Court of Queensland.

If the Executor Does Not Follow the Will
An executor must comply with both the law and the will. Beneficiaries can:
• Request to inspect the will and estate accounts;
• Apply to the Supreme Court to prevent or correct misconduct; or
• Seek to remove the executor in cases of serious mismanagement.

Key Point
An executor’s duty is to carry out, not change, the will. Alterations can only occur with full beneficiary agreement or where legal necessity makes strict compliance impossible.
If you are an executor or beneficiary seeking advice, Queensland Probate can help you understand your rights and obligations.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

What Is Testamentary Intention in Queensland?To be valid in Queensland, a will must show testamentary intention — meanin...
05/12/2025

What Is Testamentary Intention in Queensland?
To be valid in Queensland, a will must show testamentary intention — meaning the person intended the document to operate as their final will.

What counts as intention?
Most wills clearly state their purpose with wording like “This is my will.” However, intention may also be shown through the document’s content, structure, or how it was kept.

Informal documents
Under the Succession Act 1981 (Qld), the Supreme Court of Queensland can recognise an informal document — such as handwritten notes or digital files — if it is satisfied that the person intended it to be their will. Although this is possible, informal wills often lead to delays, additional costs, and uncertainty for families.

Why it matters
Clear testamentary intention:
• reduces the risk of disputes
• makes the probate process smoother
• ensures your wishes are properly carried out

The safest option
The most reliable way to protect your estate is to have your will professionally drafted and properly executed. This ensures your testamentary wishes are clear, legally valid, and fully enforceable under Queensland law.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

Can A Testator Forestall A Challenge?For many people making a will—especially those who are elderly or living with cogni...
28/11/2025

Can A Testator Forestall A Challenge?

For many people making a will—especially those who are elderly or living with cognitive or psychological conditions—concerns often arise about whether their will might later be contested. Fortunately, there are proactive steps a testator can take to reduce the risk of a challenge based on testamentary capacity.

Use a Solicitor
One of the most effective safeguards is to have the will drafted by a solicitor rather than relying on a DIY will kit or informal document. Solicitors are professionally bound to assess capacity and will not accept instructions if they have doubts about a client’s ability to make rational decisions about their estate. Because of this, courts generally regard a solicitor-prepared will as strong evidence that the will-maker had capacity.

Obtain Medical Evidence
If there is any likelihood of dispute due to age, illness, or disability, the testator can also arrange a medical assessment at the time of signing the will. A doctor’s written report confirming capacity can later serve as persuasive evidence if the will is challenged.
Together, professional legal drafting and contemporaneous medical evidence provide powerful protection against claims of incapacity, giving the will-maker greater confidence that their final wishes will be upheld.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

When Are Costs Awarded?Under the Uniform Civil Procedure Rules 1999 (Qld), the court has the discretion to award costs a...
14/11/2025

When Are Costs Awarded?

Under the Uniform Civil Procedure Rules 1999 (Qld), the court has the discretion to award costs at any stage of a proceeding, but costs are most commonly awarded after the matter has concluded. This allows the court to consider the outcome of the case and the conduct of the parties when deciding who should bear the legal costs.

Contact us today:
Phone: 07 3739 4200
Email: [email protected]
Website: www.qldprobate.com.au

Address

Ground Floor, 345 Ann Street
Brisbane, QLD
4000

Opening Hours

Monday 9am - 5:30pm
Tuesday 9am - 5:30pm
Wednesday 9am - 5:30pm
Thursday 9am - 5:30pm
Friday 9am - 5:30pm

Telephone

+61737394200

Website

Alerts

Be the first to know and let us send you an email when Queensland Probate posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Business

Send a message to Queensland Probate:

Shortcuts

Share

Category