Little Estate Lawyers

Call Website Contact the business

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.

07/10/2026

What if someone claims later that you were pressured into making your Will? ⚖️

It's a claim that gets raised in Estate disputes - but it's not as simple as just making an accusation.

Here's what's actually required:

If someone later claims a person was pressured or unduly influenced when making their Will, they need to bring actual evidence to support that claim.

There needs to be genuine information or documentation that legitimately raises doubt about that particular Will.

What this means in practice:

An accusation on its own isn't enough.

Someone can't simply claim undue influence just to challenge a Will they're unhappy with.

There has to be real, credible material that supports the claim before that avenue can genuinely be pursued.

Why does this matter?

This threshold exists to protect the validity of genuine Wills - so that a person's true wishes aren't easily undone by unfounded claims after they're no longer here to defend their own decisions.

It's also why the evidence we discussed in our previous Reel - prior Wills, current Wills, and Letters of Wishes - can be so valuable in defending against these kinds of claims.

Concerned about the validity of a Will, or defending one against a claim of undue influence?

📞 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

01/10/2026

What does it actually mean to have the "capacity" to make a Will? 🤔

Let's tell it through a story.

Say "Mary" comes into our office to make her Will. For that Will to be valid, Mary needs to demonstrate capacity across several key areas:

1. Understanding what she's doing
Mary needs to know that she is making a Will, and understand what that document actually is and does.

2. Understanding what she owns
Mary needs to have an understanding of what assets she actually has - the things she's going to be giving away in her Will.

3. Understanding who might expect to benefit
Mary needs to understand who the people in her family are who might reasonably expect to receive an inheritance from her.

4. Freedom from impairment
We need to be satisfied that Mary is not affected by any mental illness or delusion that might be influencing the way she's making decisions in her Will.

Why does this matter so much?

Capacity isn't just a formality - it's the foundation that makes a Will legally valid and defensible.

If capacity is ever questioned later, having a lawyer who properly assessed and documented capacity at the time gives real protection and certainty for everyone involved.

Have questions about capacity - whether for yourself or a loved one?

📞 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

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

W**e & 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

**eAndWisdom

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

W**e & 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

**eAndWisdom

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

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

, ,

Alerts

Be the first to know and let us send you an email when Little Estate Lawyers 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 Little Estate Lawyers:

Shortcuts

Share

Category