Little Estate Lawyers

Little Estate Lawyers Queensland Law firm focused solely on Wills, Estate Planning and Administration, Succession Planning, and Estate Disputes and Litigation.

Recommended by "Doyles Guide" and an accredited member of STEP (the Society of Trust and Estate Practitioners) Urgent matters outside standard business hours, call 1300 323 313.

03/09/2026

Something most people are never told about their Will: it's also a piece of evidence. 📋

Not just a legal document - evidence.

A Will itself is evidence. But beyond that, the circumstances and information surrounding how and why that Will was made matters just as much.

Here's how this plays out in practice:

When clients update their Will with us, we keep their prior Wills in Safe Custody alongside their current one. That combination tells a story - about what was happening in that person's mind, and in their family, at each point in time.

Then there's the Letter of Wishes.

This document captures the surrounding circumstances and reasoning behind a Will - it's essentially the emotional and explanatory side of the document.

It can explain WHY certain gifts were structured in a particular way.

Why does this matter?

If a Will is disputed later on, this collection of material - prior Wills, current Will, and Letters of Wishes - becomes incredibly valuable evidence in defending against claims.

It helps demonstrate the person's true intentions, state of mind, and reasoning at the time decisions were made.

The takeaway:

Your Will isn't created in isolation - the story behind it matters, and preserving that story properly can make all the difference if your wishes are ever challenged.

Want to understand how a Letter of Wishes could strengthen your Estate plan?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

29/08/2026

Wine & Wisdom Episode 6 - Full Episode 🍷✨

This week Danielle sits down with Kevin Russell, Director of Freemont Business Solutions, to talk bookkeeping, accounting, and getting your business finances organised for the year ahead.

What makes Freemont different?

Kevin explains that beyond standard bookkeeping, payroll, BAS, and tax services, they also incorporate management reporting - giving business owners accurate data to make informed decisions based on profit, margins, and expenses.

The big question: How do you make next financial year less painful?

Kevin's answer: keep your source data comprehensive and up to date using tools like:
📱 DEXT (small paid subscription)
📱 Hubdoc (free with Xero)

Both let you simply drag, drop, photograph, or screenshot invoices and receipts as they happen - rather than the dreaded "shoebox of receipts" approach at year end.

Why does this matter?

Paper fades. Transactions go unmatched. Receipts go missing. And it all becomes far more costly and stressful when it's all dumped on your accountant at once.

Danielle shares a confronting reality from her world:

Deceased Estates where there are years of overdue tax returns and mounting ATO notices - requiring everything to be handed to an accountant with "this needs sorting, fast."

Kevin agrees it's manageable, but the real challenge is always the source data. And chasing grieving families for receipts and records is difficult for everyone involved.

The takeaway from both Kevin and Danielle?

Prevention is so much better than cure - whether that's your business finances or your Estate planning. A little organisation now saves enormous stress later, for you AND for the people left to sort things out.

🎙️ Also available on YouTube, Spotify, Apple Podcasts and Amazon Music

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

26/08/2026

Introducing our new series: Estate Disputes & Litigation ⚖️

Hi, I'm Danielle Little from Little Estate Lawyers.

Over our last two Reel series, we've covered Estate Planning and Estate Administration - if you haven't seen those yet, visit our profile and give us a follow to catch up on everything you've missed.

Now, we're moving into an area of law that we're most known for: Estate Disputes and Litigation.

We're proud to be recognised in Doyle's Guide and Best Lawyers Australia for our work in this space - and we're really looking forward to sharing this next series with you.

Estate disputes are complex, often emotional, and touch on some of life's most difficult family dynamics. Our goal with this series is to help you understand your rights, your options, and how disputes can often be avoided altogether with the right planning.

If you have any questions along the way, please don't hesitate to get in touch - we're always happy to help.

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

21/08/2026

If someone wants to challenge the Will - does that delay Probate? ⚖️

It depends entirely on what TYPE of dispute is being raised.

DISPUTES ABOUT THE GRANT OF PROBATE ITSELF:

If the dispute relates to the Grant of Probate being issued - for example, questioning which Will is valid, or whether the Will itself is legitimate - then yes, this delays proceedings.

The Executor cannot be formally appointed or begin dealing with the Estate until this is resolved.

DISPUTES ABOUT INSUFFICIENT PROVISION (Family Provision Claims):

If the dispute is from an eligible person claiming they haven't been sufficiently provided for in the Will, this is a different matter entirely.

This type of claim does NOT hold up the Grant of Probate being issued.

However, it does put the Executor on notice that they'll need to deal with this claim as part of their ongoing duties administering the Estate.

The key distinction:

Not all disputes are equal - some stop the process before it starts, while others run alongside the Estate administration as it proceeds.

Dealing with a Will dispute or concerned about a potential claim?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

05/08/2026

Can an Executor distribute assets before all Estate liabilities are finalised? 💰

In some circumstances, yes - but this needs to be approached with real caution.

Why the caution?

If an Executor distributes too much too early, they risk not having enough remaining to cover the Estate's actual liabilities.

Given the personal liability Executors carry, that's a genuinely risky position to be in.

So what typically happens in practice?

While Executors do have an obligation to consider interim distributions, this is usually held off until the main outstanding item is the Estate's tax component.

Here's the general approach:

1️⃣ The Executor obtains an estimate from an Accountant regarding the likely tax liability - both for the deceased individually and for the Estate itself

2️⃣ Once that estimate is received, the Executor can calculate how much needs to be held in Trust to cover tax and any other potential outstanding items

3️⃣ The remaining balance can then be considered for an interim distribution to beneficiaries

Important note:

Given the personal liability Executors carry, this is absolutely a decision to seek legal advice on BEFORE proceeding with any interim distribution.

Getting it wrong can have significant personal consequences for the Executor.

Considering an interim distribution and want to make sure it's done safely?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

29/07/2026

What's the difference between "Estate Assets" and "Non-Estate Assets"? 📋

This distinction matters more than most people realise when it comes to Estate planning and administration.

ESTATE ASSETS include:

✅ Assets held in the deceased's name individually
✅ Property owned as Tenants in Common - where the deceased owned a specific percentage share
(👉 see our previous Reel on Joint Tenants vs Tenants in Common)

NON-ESTATE ASSETS include:

❌ Property owned as Joint Tenants - this passes automatically to the surviving joint owner and does NOT form part of the Estate

❌ Family Trusts - these are separate legal structures dealt with under their own documentation, entirely outside the deceased's Estate

❌ Companies - a Company and any assets held BY that company are not Estate assets

The one exception with Companies:

If the deceased personally held shares in a company, those shares themselves DO form part of the Estate - even though the company's underlying assets do not.

Why does this matter?

Understanding what falls inside vs outside your Estate is fundamental to effective Estate planning - because your Will only has control over Estate assets. Anything outside the Estate follows entirely different rules.

Want to understand what's actually inside your Estate?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

22/07/2026

Wine & Wisdom Episode 5 is here! 🍷✨

David Taylor from Morgans is back - and this time Danielle and David are talking Shares, Share Portfolios, and how to own and manage them properly.

From an Estate planning and administration perspective, Danielle has repeatedly seen share portfolios be incredibly difficult to manage after someone passes away.

David's response?

"Or.... it can also be very easy." 😄

And that's exactly the point.

The difference between a share portfolio that takes months to unravel - and one that's resolved efficiently - often comes down to a few simple things most people overlook.

In this episode David and Danielle cover:

📊 What a HIN and SRN actually are - and why so many people have no idea
📊 The real cost of not having your share details documented and accessible
📊 Why Microsoft Excel is apparently the world's biggest investment platform 😂
📊 Why a broker account costs very little to set up - but saves enormous time and cost for your Estate
📊 The very real experience of combing through entire filing cabinets looking for share documentation
📊 Property as an investment - and how it's handled in Estates with multiple beneficiaries
📊 Why beneficiaries are increasingly wanting to KEEP property rather than sell it
📊 The escalating level of Estate disputes tied to rising property values - and why getting your planning right is more critical than ever

Bottom line: The right setup costs very little.

The wrong setup can cost your Estate months and thousands.

🎙️ Full Episode 5 available now - links in the comments below 👇

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

18/07/2026

What is an Estate Account? And what would it keep records of? 📊

Think of an Estate Account as the complete financial picture of a deceased person's Estate.

It is a comprehensive record that captures everything - from start to finish.

An Estate Account records:

✅ All assets of the Estate
✅ All liabilities of the Estate
✅ Any interest earned on cash amounts held during administration
✅ All creditors that have been paid
✅ The final distribution of the Estate among all relevant beneficiaries

Why does it matter?

The Estate Account creates a clear, transparent record of exactly how the Estate has been administered - from the moment administration began, right through to the final distribution to beneficiaries.

It's essentially the Estate's balance sheet - and it's the document that gives beneficiaries full visibility over how the Estate has been managed on their behalf.

As we've discussed in a previous Reel - residuary beneficiaries are entitled to sight of the Estate Accounts - so keeping accurate and thorough records is a critical part of an Executor's responsibilities.

Need guidance on Estate Administration and your obligations as an Executor?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

15/07/2026

Does a beneficiary have to use Superannuation Death Benefits to pay Estate debts? 🤔

It's one of the most common questions we get asked - particularly from surviving spouses.

Here's the scenario:

There isn't enough money in the Estate to pay all the liabilities - BUT as a dependent, the surviving spouse has received a direct payment of Superannuation Death Benefits.

Do they have to use those funds to pay the Estate's debts?

In Queensland - currently, no.

There is no requirement for a surviving spouse to use Superannuation Death Benefits paid directly to them to cover any of the Estate's liabilities.

So what actually happens to the unpaid debts?

Creditors receive a payment calculated rateably (pro-rata) based on what the Estate actually has available to pay them.

Any remaining debt beyond that? It simply cannot be paid.

The Superannuation Death Benefits received directly by the surviving spouse remain protected - they are not available to Estate creditors.

The key takeaway:

Superannuation Death Benefits paid directly to a dependent beneficiary sit outside the Estate - and that's an important distinction that provides real protection for surviving spouses in difficult financial circumstances.

👉 Check our previous Reel on how Estate debts are paid rateably for more context on this topic.

Need guidance on Estate Administration and how liabilities are managed?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

11/07/2026

What happens if there's not enough money in the Estate to pay all the debts? ⚠️

It's an uncomfortable scenario - but it does happen, and there is a process in place.

If the Estate doesn't have sufficient funds to cover all liabilities, a priority system applies:

FIRST PRIORITY:

✅ Funeral expenses
✅ Testamentary expenses (the costs of administering the Estate)
These are paid first - before anything else.

EVERYTHING ELSE:

All remaining liabilities are treated equally - none take priority over another.

These are then paid rateably (pro-rata) - meaning each creditor receives a proportional share based on how much money is actually available in the Estate to meet those debts.

A simple way to think about it:

If the Estate has enough to cover 60 cents in the dollar of remaining liabilities - each creditor receives 60 cents in the dollar. No one creditor gets preferential treatment over another.

The key takeaway:

Even in difficult financial situations, there is a structured and fair process for managing Estate liabilities - and understanding that process is an important part of Estate Administration.

Dealing with an Estate that may have insufficient funds to meet its debts?

📞 Call us on 1300 323 313 to book a consultation

💻 Book a consultation anytime online through our website

📍 Come and see us at our Office - Watkins Medical Centre - Level 6, 225 Wickham Terrace, Spring Hill, QLD, 4000

Address

Brisbane, QLD

Opening Hours

Monday 8:30am - 5pm
Tuesday 8:30am - 5pm
Wednesday 8:30am - 5pm
Thursday 8:30am - 5pm
Friday 8:30am - 5pm

Telephone

+611300323313

Website

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