TOP 10LAWYERS

Top 10 Wills and Estate Planning Lawyers in Brisbane

Ten Brisbane wills and estates firms, with what each one suits, who the accredited succession specialists are, and the Queensland rules on wills, probate and will disputes.

Google ratings checked 23 October 2026 Updated 23 October 2026

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Grouped by what each firm publishes about its own work. Most firms on this list handle all common estate planning law matters.

The Top 10 Wills and Estate Planning Lawyers in Brisbane

Ten estate planning law firms in Brisbane, with their experience, accredited specialists, Google ratings and what each one suits.

Cooper Grace Ward

George Street, Brisbane CBDFull service commercial firm

3.7

21 Google reviews

Checked 23 October 2026

Best for Business owners and families with trusts, companies or an SMSF to pass on

  • Doyle's Guide 2025 listed Cooper Grace Ward as a first tier Queensland wills, estates and succession planning firm, the firm says.
  • Partner Scott Hay-Bartlem was rated preeminent in that guide, according to the firm.
  • The estates group runs to ten lawyers, from partners to associates.
First consultation
Not stated on the firm's site. The firm sends a checklist of documents to bring to the first estate planning meeting.
Office
Level 21, 400 George Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

Cooper Grace Ward is a large Brisbane commercial firm with a dedicated succession and estate planning team on George Street. Partners Scott Hay-Bartlem and Clinton Jackson lead a group of ten lawyers who work alongside the firm's tax, superannuation and estate disputes teams. The firm leans towards complex planning: testamentary trusts, family trusts, business succession and rural landholdings. The firm says Doyle's Guide listed it as a first tier Queensland wills and estates firm in 2025. It suits families with companies, trusts or a self managed super fund. The site doesn't publish first consultation terms, so ask when you call.

Also worth knowing

  • The team advises on succession for rural landholders and on transferring control of family trust companies outside a will.

Lawyers

  • Scott Hay-Bartlem, Partner
  • Clinton Jackson, Partner
  • Rebecca Edwards, Special Counsel
  • Melinda Ranson, Special Counsel
  • Sarah Camm, Senior Associate
  • Keeghan Silcock, Senior Associate
  • Alfred Jackson, Senior Associate
  • Katelyn Gillert, Associate
  • Sacha Robinson, Associate
  • Francesca da Silva, Associate

Areas of estate planning law handled

  • Wills with testamentary trusts
  • Enduring powers of attorney
  • Business succession and shareholder arrangements
  • Superannuation planning for death
  • Succession planning for rural landholders
  • Blended family and special needs planning
  • Probate and letters of administration
  • Contested probate
  • Will disputes
  • Defending family provision claims
  • Superannuation and life insurance disputes
  • QCAT guardianship and administration applications

Office

Level 21, 400 George Street, Brisbane QLD 4000

Sources

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de Groots Wills and Estate Lawyers

Edward Street, Brisbane CBDWills and estates only

4.6

28 Google reviews

Checked 23 October 2026

Best for Anyone wanting a specialist estates firm for planning, probate or a dispute

  • The firm says it has focused solely on wills and estates since 1986.
  • Elizabeth Lorimer and Kate Varcoe were recommended in Doyle's Guide 2025 for Queensland wills and estates litigation, according to the firm.
  • The firm lists its own publications, including Wills Probate and Administration Practice QLD and Family Provision in Australia.
First consultation
Initial consultations in person or by video or phone. Quotes on request, with fixed fee options and what the firm calls value pricing. An online form can be filled in before the appointment.
Office
Level 6, River Quarter, 46 Edward Street, Brisbane City QLD 4000
Full profile: lawyers, services and sources

About the firm

de Groots says it has worked only in wills and estates since 1986, with offices in Brisbane, Sydney and Melbourne. The Brisbane office on Edward Street includes Dr John de Groot AM and Margot de Groot AM, with special counsel Elizabeth Lorimer and Kate Varcoe both listed by Doyle's Guide for Queensland estate litigation in 2025, according to the firm. The firm covers the full cycle: planning, probate, administration and disputes, and it publishes practitioner texts on Queensland probate and family provision. It quotes on request and offers fixed fee options. Meetings can be in person or by video.

Founded in 1986

Also worth knowing

  • The Brisbane team includes four special counsel.

Lawyers

  • Dr John de Groot AM, Legal Practitioner Director and Senior Legal Counsel
  • Margot de Groot AM, Director and Notary Public
  • Elizabeth Lorimer, Special Counsel
  • Kate Varcoe, Special Counsel
  • Emma Nisbet, Special Counsel
  • Rachael Ryan, Special Counsel
  • Dannielle Wood, Associate, estate planning
  • Eva Earle, Solicitor

Areas of estate planning law handled

  • Wills and estate planning
  • Testamentary and discretionary trusts
  • Enduring powers of attorney and guardianship
  • Business succession
  • Superannuation death benefit advice
  • Probate and letters of administration
  • Deceased estate and trust administration
  • Intestate estates
  • Estate dispute mediation and litigation
  • Family provision claims
  • Notary public services
  • Online wills and probate

Office

Level 6, River Quarter, 46 Edward Street, Brisbane City QLD 4000

Other details

Other offices
Sydney and South Melbourne

Sources

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McCullough Robertson

Eagle Street, Brisbane CBDFull service commercial firm

3.9

20 Google reviews

Checked 23 October 2026

Best for Family groups with trusts, companies or an SMSF, and estates in dispute

  • Brisbane estates head Scott Whitla is a QLS accredited specialist in succession law, and has been a partner since 2009.
  • Partner Hayley Mitchell is listed on the Queensland Law Society register as accredited in succession law.
  • The firm says it has five succession law specialists across its offices.

Accredited succession law specialists (2)Scott Whitla, Hayley Mitchell

First consultation
Not stated on the firm's site.
Office
Level 11, 66 Eagle Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

McCullough Robertson is a large Brisbane commercial firm on Eagle Street with a wills, estates and trusts team that sits inside its private client group. Partner Scott Whitla heads the Brisbane estates team, and he is a QLS accredited specialist in succession law. Partner Hayley Mitchell, who joined from Cooper Grace Ward in 2025, is listed on the Queensland Law Society register as accredited in succession law and is also an SMSF specialist adviser. The team covers succession planning for family groups, estate administration, contested wills, trust disputes and mediation. It suits wealthier families and family businesses. The site doesn't publish consultation terms.

Also worth knowing

  • Whitla is listed in Best Lawyers 2027 for trusts and estates, according to his profile.

Lawyers

The firm's practice page doesn't list the rest of the Brisbane estates team.

  • Scott Whitla, Partner, head of Brisbane Estates Accredited succession law specialist
  • Hayley Mitchell, Partner, Estates and Private Client Accredited succession law specialist

Areas of estate planning law handled

  • Succession planning
  • Wills and testamentary discretionary trusts
  • Trusts and succession for family groups
  • Enduring powers of attorney
  • Guardianship and capacity matters
  • Estate administration
  • Contested wills
  • Estate litigation
  • Claims in equity
  • SMSF death benefit disputes
  • Mediation of estate disputes

Office

Level 11, 66 Eagle Street, Brisbane QLD 4000

Other details

Other offices
Sydney and Canberra

Sources

Back to the list

Thynne + Macartney

Riverside Centre, Eagle Street, Brisbane CBDFull service firm

3.9

27 Google reviews

Checked 23 October 2026

Best for Families wanting one team for planning now and any estate dispute later

  • Partner Ashleigh Poole is a Queensland Law Society Accredited Specialist in Succession Law.
  • Doyle's Guide ranked the firm second tier in Queensland for wills and estates planning and for estates litigation in 2026, according to the firm.
  • The firm offers estate planning online as well as in person.

Accredited succession law specialist (1)Ashleigh Poole

First consultation
Estate planning in person or online. Consultation terms are not stated on the firm's site.
Office
Level 32, Riverside Centre, 123 Eagle Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

Thynne + Macartney is a long established Queensland firm based in the Riverside Centre on Eagle Street, with offices in Cairns and Toowoomba. Its wills and estates team is led by partners Ashleigh Poole and Vicky Martin, with special counsel Cathy Piccolo. Poole is a Queensland Law Society Accredited Specialist in Succession Law. The team handles planning, estate administration and estate litigation, and Doyle's Guide ranked the firm second tier in Queensland for both planning and estates litigation in 2026, the firm says. Estate planning can be done in person or online. Consultation terms aren't published.

Also worth knowing

  • Trade press reported in 2020 that the firm had a 127 year history.

Lawyers

  • Ashleigh Poole, Partner Accredited succession law specialist
  • Vicky Martin, Partner
  • Cathy Piccolo, Special Counsel

Areas of estate planning law handled

  • Wills
  • Statutory wills
  • Testamentary trusts
  • Enduring powers of attorney
  • Advance health directives
  • Business and trust succession
  • Probate and letters of administration
  • Estate administration
  • Family provision applications
  • Capacity and undue influence claims
  • Will rectification
  • Claims against executors and attorneys

Office

Level 32, Riverside Centre, 123 Eagle Street, Brisbane QLD 4000

Other details

Other offices
Cairns and Toowoomba

Sources

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HopgoodGanim Lawyers

Queen Street, Brisbane CBDFull service commercial firm

3.9

33 Google reviews

Checked 23 October 2026

Best for Business owners and trustees with family trusts and super to pass on

  • Partner Paige Edwards is listed on the Queensland Law Society register as accredited in succession law.
  • Doyle's Guide has listed HopgoodGanim as a leading Queensland wills and estates firm, and estates litigation firm, from 2017 to 2026, the firm says.
  • Senior associate Cameron Findsen was named a Doyle's Guide Queensland rising star for 2026, according to his profile.

Accredited succession law specialist (1)Paige Edwards

First consultation
Confidential consultation on request. Terms are not stated on the firm's site.
Office
Level 10, 360 Queen Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

HopgoodGanim is a Brisbane commercial firm on Queen Street with an estates and succession team that works alongside its private client and tax lawyers. Partner Paige Edwards, a Queensland Law Society Accredited Specialist in Succession Law, has led the Brisbane team since September 2025, with senior associate Cameron Findsen named a Doyle's Guide rising star for 2026, according to his profile. The team covers wills with testamentary trusts, powers of attorney, probate, complex estate administration and estate litigation, including family provision claims. Doyle's Guide has listed the firm for Queensland planning and estates litigation every year since 2017, the firm says.

Also worth knowing

  • The team acts in QCAT proceedings and in court applications to rectify trust deeds.

Lawyers

  • Paige Edwards, Partner, Head of Estates and Succession Accredited succession law specialist
  • Cameron Findsen, Senior Associate, Estates and Succession
  • Geoff Wilson, Partner, Private Clients Co-Lead
  • Tim Scanlan, Partner, Private Clients Co-Lead

Areas of estate planning law handled

  • Wills and testamentary trusts
  • Enduring powers of attorney
  • Superannuation and death benefit planning
  • Family loans and asset protection
  • Probate and letters of administration
  • Complex estate administration
  • Family provision applications
  • Construction applications
  • Applications for and against personal representatives
  • QCAT proceedings
  • Trust deed rectification

Office

Level 10, 360 Queen Street, Brisbane QLD 4000

Other details

Other offices
Perth

Sources

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The Estate Lawyers

Ann Street, Brisbane CBDWills and estates only

4.9

88 Google reviews

Checked 23 October 2026

Best for Family members contesting a will or defending their inheritance

  • The firm says it practises solely in Queensland wills and estate law.
  • It started in 2012 from the estates section of McCowans Solicitors and moved to Brisbane in 2013.
  • The firm says Doyle's Guide has recommended it for wills and estates litigation from 2019 to 2026.
First consultation
Free initial discussion by phone or email with no obligation. Fixed fees, the firm says, and in approved cases fees can be deferred until the client receives an inheritance. Meetings in person, by phone or video.
Office
Level 22, 69 Ann Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

The Estate Lawyers is a Brisbane firm on Ann Street that practises only in Queensland wills and estates, with a strong lean towards contested estates. It began in 2012 as the estates arm of McCowans Solicitors, and director Kent Dalziel now runs it with a team of about nine lawyers. Doyle's Guide has recommended it for wills and estates litigation since 2019, according to the firm. It suits people contesting a will or defending an inheritance. The first discussion is free, and in approved cases the firm says it can defer fees until the inheritance is paid.

Founded in 2012

Also worth knowing

  • Its staff page lists nine lawyers under director Kent Dalziel, who the firm says has worked only in estates since 2008.

Lawyers

  • Kent Dalziel, Director
  • Kellyanne Allwood, Consultant
  • Paul Camilleri, Senior Associate
  • Anna Huang, Senior Associate
  • Brianna Wegert, Associate
  • Inger Brecknell, Solicitor
  • Stella Robinson, Solicitor
  • Justine Anderson, Solicitor
  • Harry Devereaux, Solicitor

Areas of estate planning law handled

  • Contesting a will
  • Family provision claims
  • Defending an inheritance
  • Holding executors to account
  • Power of attorney litigation
  • Superannuation death benefit disputes
  • Executor's commission claims
  • Will interpretation
  • Deceased estate administration
  • Probate applications
  • Will and estate planning

Office

Level 22, 69 Ann Street, Brisbane QLD 4000

Other details

Other offices
Gold Coast, by appointment

Sources

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Attwood Marshall Lawyers

Santos Place, Turbot Street, Brisbane CBDFull service firm

4.2

5 Google reviews

Checked 23 October 2026

Best for Claimants and executors in a contested estate, including cross border ones

  • The firm says it has served the community since 1946.
  • Partner Lucy McPherson heads estate litigation and is recommended in Doyle's Guide 2026, according to the firm.
  • The firm says its lawyers are members of the Society of Trust and Estate Practitioners.
First consultation
Online booking, with meetings at the Brisbane CBD office, by phone or video. The firm says it explains fees upfront and may offer deferred payment in some estate cases.
Office
Level 6, Santos Place, 32 Turbot Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

Attwood Marshall is a Gold Coast firm that says it has served the community since 1946, and it now runs a Brisbane CBD office in Santos Place on Turbot Street. Its estate litigation department is headed by partner Lucy McPherson, recommended in Doyle's Guide for 2026 according to the firm. The Brisbane team handles family provision claims, will challenges on capacity and undue influence, executor disputes and Public Trustee matters, alongside wills and estate administration. The firm says its lawyers are STEP members. Meetings can be in person, by phone or by video, and it says it may offer deferred payment in some estate cases.

Founded in 1946

Also worth knowing

  • It handles estate litigation in Queensland, New South Wales and Victoria from offices in all three states.

Lawyers

The Brisbane pages name only the head of department; other estates lawyers aren't listed by office.

  • Lucy McPherson, Partner, head of estate litigation

Areas of estate planning law handled

  • Family provision claims
  • Challenging a will
  • Defending estate claims
  • Capacity and undue influence claims
  • Executor and beneficiary disputes
  • Removal of executors and trustees
  • Will construction and rectification
  • Statutory wills
  • Public Trustee disputes
  • Power of attorney and guardianship disputes
  • Wills and estate planning
  • Estate administration

Office

Level 6, Santos Place, 32 Turbot Street, Brisbane QLD 4000

Other details

Other offices
Coolangatta, Robina, Southport, Kingscliff, Sydney and Melbourne

Sources

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QLD Estate Lawyers

Charlotte Street, Brisbane CBDWills and estates only

4.3

19 Google reviews

Checked 23 October 2026

Best for Executors and family members who want fees paid from the estate at the end

  • The firm is a specialist division of the Carter Capner Group and has run since 2017, according to its about page.
  • It says its team focuses exclusively on wills and estates.
  • Fees can be deferred until the estate has funds, under a written agreement, in matters the firm assesses as suitable.
First consultation
Deferred fees in suitable matters, paid from estate funds or settlement once the matter concludes, set out in a written agreement. Initial assessment by phone, video or in person; the site doesn't say whether it is free.
Office
Level 18, 150 Charlotte Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

QLD Estate Lawyers is the wills and estates division of the Carter Capner Group, working from Charlotte Street in the Brisbane CBD since 2017. The firm says its team works only in wills and estates, covering will disputes, probate, estate administration and planning. Peter Carter is legal practice director, with special counsel Scott Forster TEP and a small group of estates lawyers. Its main point of difference is deferred fees: in suitable matters, fees are paid from the estate or settlement once the matter ends, under a written agreement. It suits executors and claimants short on cash upfront.

Founded in 2017

Also worth knowing

  • Special counsel Scott Forster holds the TEP trust and estate practitioner credential.

Lawyers

  • Peter Carter, Legal Practice Director
  • Scott Forster TEP, Special Counsel
  • Derek Sams, Associate
  • Heather Milne, Estates Lawyer
  • Paris Collicoat, Estates Lawyer

Areas of estate planning law handled

  • Will disputes
  • Undue influence and capacity challenges
  • Family provision claims
  • Disputes between executors
  • Probate and letters of administration
  • Executor help and executor's commission
  • Estate administration
  • Making a will
  • Dementia wills
  • Enduring powers of attorney
  • Advance health directives
  • Business succession planning

Office

Level 18, 150 Charlotte Street, Brisbane QLD 4000

Sources

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McCarthy Durie Lawyers

George Street, Brisbane CBD, plus Cleveland and CaloundraFull service firm

4.4

41 Google reviews

Checked 23 October 2026

Best for Brisbane and Redlands families wanting fixed fee wills and probate

  • The firm says it has more than 45 years of experience in Brisbane.
  • Wills and estates team leader Kimberley Davis holds a Master of Applied Law in succession law, according to her profile.
  • Most wills are prepared on a fixed fee, the firm says.
First consultation
Confidential, no obligation initial consultation. Fixed fees for most wills, with tailored quotes for other work.
Office
Level 7, 239 George Street, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

McCarthy Durie Lawyers is a locally owned full service firm that says it has more than 45 years in Brisbane, based on George Street in the CBD with offices in Cleveland and Caloundra. Its wills and estates team is led by Kimberley Davis, a non principal director who holds a Master of Applied Law in succession law, with consultant Vimal Raniga and senior associate Tania Gilmore. The team covers wills, testamentary trusts, powers of attorney, probate and estate disputes, with support from the firm's litigation team. Most wills are done on a fixed fee, and the first conversation carries no obligation.

Also worth knowing

  • The firm shows a 4.5 Google rating on its homepage.

Lawyers

  • Kimberley Davis, Non-principal Director, Wills and Estates Team Leader
  • Vimal Raniga, Consultant, Wills and Estates
  • Tania Gilmore, Senior Associate, Wills and Estates
  • Ben Schefe, Non-principal Director, Litigation Team Leader

Areas of estate planning law handled

  • Simple and complex wills
  • Testamentary trusts
  • Special disability trusts
  • Enduring powers of attorney
  • Advance health directives
  • Superannuation death benefit nominations
  • Probate and letters of administration
  • Estate administration
  • Family provision claims
  • Will validity challenges
  • Executor disputes and removal

Office

Level 7, 239 George Street, Brisbane QLD 4000

Other details

Other offices
Cleveland and Caloundra (Sunshine Coast)

Sources

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Delaney & Delaney

North Quay, Brisbane CBD, plus WilstonGeneral practice firm

5.0

9 Google reviews

Checked 23 October 2026

Best for Inner north and CBD families wanting set fee wills from an old local firm

  • The firm says it has practised in Brisbane since 1915.
  • Senior associate Kristy Schaeffer works mainly in wills and estates, according to her profile.
  • The firm publishes set fees for wills and enduring powers of attorney.
First consultation
Set fees for wills, enduring powers of attorney and couples' packages; complex wills are quoted separately. Appointments by phone or online form.
Office
Level 7 Northpoint, 231 North Quay, Brisbane QLD 4000
Full profile: lawyers, services and sources

About the firm

Delaney & Delaney says it has practised in Brisbane since 1915, with an office on North Quay in the CBD and a suburban office in Wilston. It is a general practice firm under principal solicitor Fiona Kennedy, and wills and estates is one of its main areas. Senior associates Anna Delaney and Kristy Schaeffer handle most of the estates work, from wills and testamentary trusts to estate administration and estate litigation. The firm publishes set fees for wills and enduring powers of attorney, with a separate quote if a will turns complex. It suits families wanting a long standing local firm.

Founded in 1915

Also worth knowing

  • It has offices on North Quay in the CBD and in Wilston.

Lawyers

  • Fiona Kennedy, Principal Solicitor
  • Anna Delaney, Senior Associate
  • Kristy Schaeffer, Senior Associate
  • Tricia Gilmour, Associate

Areas of estate planning law handled

  • Wills
  • Testamentary trusts
  • Binding death benefit nominations
  • Enduring powers of attorney
  • Advance health directives
  • Estate administration
  • Acting for executors and trustees
  • Estate litigation

Office

Level 7 Northpoint, 231 North Quay, Brisbane QLD 4000

Other details

Other offices
Wilston

Sources

Back to the list

Firm details come from each firm's own website. Google ratings are shown as published on Google and don't set the order. Spotted something out of date? Tell us.

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How we compiled this list

We include firms with a Brisbane office whose own websites show real wills and estates work: wills, powers of attorney, probate, estate administration or will disputes. For each firm we read its website in October 2026 and wrote the description ourselves. We only name accredited specialists where the firm's site or the Queensland Law Society register says they're accredited in succession law, and we checked the register where we could. Some firms here lean towards estate planning and others towards disputes, and we say so in the write-up. Consultation and fee terms are as the firm describes them, so confirm them when you call. We show Google ratings with the date we checked them.

No firm pays for its place on this list, and the order is our own. We write the descriptions ourselves, and firms don't get to edit them. If something here is out of date, let us know. There's more detail on how we rank law firms.

This page is general information, not legal advice. Rules are as set out in the Succession Act 1981 and as published by Queensland Courts, the Public Trustee of Queensland, Legal Aid Queensland and the Legal Services Commission in October 2026. Court and Public Trustee fees are as at 1 July 2026.

Making a valid will in Queensland

The Public Trustee of Queensland says anyone over 18 can make a will, as long as they have testamentary capacity. A will made by someone under 18 generally isn't valid, though there are exceptions, such as a will made in contemplation of a marriage or one the Supreme Court has authorised.

  • Signing: under section 10 of the Succession Act 1981, the will must be in writing and signed by you, or by someone else in your presence and at your direction
  • Witnesses: you sign, or acknowledge your signature, in front of two or more witnesses present at the same time, and at least two of them sign the will in your presence
  • Who can witness: the Act sets no minimum age for a witness, but someone who can't see and attest your signature can't be one
  • Gifts to witnesses: a gift to a witness is generally void as far as that witness is concerned, so choose witnesses who don't inherit
  • Changes after signing: an alteration has no effect unless it's signed and witnessed like a will. Signatures in the margin beside the change can be enough
  • Will kits: the Public Trustee warns that a home made will or will kit can be risky, because it may not be properly signed and witnessed

If a document wasn't signed properly, the Supreme Court can still treat it as a will if it's satisfied the person meant it to be one. The court can also authorise a will for a living person who doesn't have testamentary capacity. It can also fix a will that contains a clerical error or doesn't carry out the will maker's instructions. The application generally has to be made within 6 months of the death, although the court can extend this if the estate hasn't been fully distributed.

Marriage, divorce and separation. Marriage revokes a will, unless it was made in contemplation of that marriage. Marriage doesn't cancel a gift to the person you were married to when you died, or their appointment as executor. Divorce revokes gifts and appointments in favour of a former spouse, unless the will shows a contrary intention, and the end of a de facto relationship or civil partnership works the same way. An appointment of your former spouse as trustee of property left for beneficiaries that include their children still stands. The Public Trustee points out that separating without divorcing doesn't revoke a will, so a separated spouse is likely to receive any gifts left to them.

What a will doesn't cover. Assets you own with someone as joint tenants pass automatically to the surviving owner. Superannuation doesn't automatically form part of your estate. Your fund pays it under a binding nomination if you have one, or at the trustee's discretion if you don't. It only passes under your will if it's paid to your executor.

Enduring powers of attorney and advance health directives

A will only works after you die. These documents cover the time before that, if you can't make decisions for yourself.

DocumentWhat it does
Enduring power of attorneyAppoints attorneys for your financial matters, your personal matters (including health), or both, and keeps working if you later lose capacity. A financial power starts when you say, or straight away if you don't say. A personal or health power can only be used while you can't make that decision yourself
General power of attorneyCovers financial matters only, and stops working if you lose capacity
Advance health directiveGives your own directions about future health care, such as consenting to treatment or refusing life sustaining measures in some circumstances. It only operates while you lack capacity for the decision, and its directions take priority over an attorney's health powers
  • Who can make one: anyone 18 or over can make an enduring power of attorney, and can change or cancel it while they still have capacity
  • Who you can appoint: under section 29 of the Powers of Attorney Act 1998, an attorney must be at least 18 with capacity for the matter. It can't be someone who was your paid carer in the past 3 years, your health provider, or a residential service provider where you live, and a bankrupt can't be appointed for financial matters. You can also appoint the Public Trustee or a trustee company for financial matters
  • Witnessing: both documents need an eligible witness: a justice of the peace, commissioner for declarations, lawyer or notary public. They can't be the person signing for you, one of your attorneys, or a relation of you or an attorney. If the document covers personal or health matters, they also can't be your paid carer or health provider. For an advance health directive, they also can't be a beneficiary under your will
  • Forms: the government forms are Form 2 or Form 3 for an enduring power of attorney and Form 4 for an advance health directive, which your doctor or a nurse practitioner also signs. New forms were approved on 30 November 2020, and documents properly made before then are still valid. Send copies, not originals, to the Statewide Office of Advance Care Planning
  • Registering: there's no central register in Queensland. An attorney may need to register it with Titles Queensland to deal with land
  • When it ends: on your death. The executor named in your will takes over from there

An attorney must act honestly and with reasonable diligence to protect your interests, and can be held liable through a court or QCAT. The Public Guardian can investigate complaints about an attorney. You can fill in the government form yourself, though the Public Trustee suggests having a professional check it. The Public Trustee's fees page lists $216.25 to prepare an enduring power of attorney for one person and $329.35 for a couple, and it stores the original free.

If someone dies without a will

When a person dies without a valid will, the Succession Act decides who gets the estate. The Public Trustee sets out the order:

  1. a spouse or de facto partner, and children and grandchildren
  2. parents
  3. brothers and sisters
  4. nephews and nieces
  5. grandparents
  6. aunts, uncles and cousins

The shares between a spouse and children are set out in Schedule 2 of the Act. The estate can't pass to anyone more remote than a first cousin, and in laws, stepparents and stepchildren aren't next of kin. If no living relatives can be found, the estate goes to the government.

  • 30 days: a person has to outlive the deceased by 30 days to share in the estate
  • De facto partners: count as a spouse if the relationship lasted at least 2 years, continuously up to the death
  • Children: adopted children and children born outside marriage have the same rights as other children
  • The family home: a spouse who lived in the home can choose to buy the deceased's share at transfer value. The election must be made in writing. If the spouse is the personal representative, it's due within 3 months of their appointment. Otherwise it's due within 3 months of the personal representative giving the spouse written notice

Probate and letters of administration

A grant from the Supreme Court gives someone authority to deal with the estate. There are three kinds:

  • Probate: there's a valid will, and the executor named in it applies
  • Letters of administration with the will: there's a will, but no executor applies
  • Letters of administration without a will: there's no valid will, and usually a close family member applies

You may not need a grant at all. Queensland Courts says a grant may not be needed for low value assets, such as a small bank account, so check with the bank first. Real estate can often be transferred to a beneficiary named in the will, or sold, through a Titles Queensland process without probate. Property held as joint tenants passes to the survivor, but property held as tenants in common doesn't.

Applying. Before you apply, you publish a notice of intention to apply in the Queensland Law Reporter and send a copy to the Public Trustee. You can file once at least 7 days have passed since the Public Trustee got the notice, and 14 clear days since the notice was published. Filing too early is a common reason for the registry to send back a requisition. Law firms lodge online, and people applying themselves file in person or by post at a Supreme Court registry, including Brisbane. A grant can't be made to more than 4 people at once. Anyone with an interest in the estate can file a caveat, and the court stops examining the application until it's dealt with. Once a will is filed with the court, it becomes a public document.

Supreme Court feeFrom 1 July 2026
Application for probate or letters of administration$847.60, the same for any size of estate
Reduced fee for an eligible individual$154.70
Resealing a grant from another state or country$847.60

The reduced fee covers people helped by Legal Aid or the Public Trustee, some concession card holders and people on some Centrelink payments, or where the registrar assesses financial hardship. Advertising in the Queensland Law Reporter is extra. The Public Trustee lists the cost as $161.70.

The executor's job. Nobody has to take on the role of executor, and an executor who doesn't want to act can renounce. The Public Trustee lists the tasks as finding the will, getting a grant, telling the beneficiaries, protecting and insuring assets, working out the debts, doing the tax returns, getting tax clearances, and transferring and distributing the assets. A final tax return has to be lodged before the estate is distributed. The Public Trustee says most estates take 6 to 12 months to administer, and some take longer.

Contesting a will in Queensland

A family provision application asks the Supreme Court to give you more from an estate because the will, or the intestacy rules, didn't make adequate provision for you. Under section 41 of the Succession Act, these people can apply:

  • A spouse: including a de facto partner of at least 2 years, a civil partner, and a former spouse or civil partner who hadn't remarried or re partnered by the time of the death and was receiving, or entitled to receive, maintenance from the deceased
  • A child: including a stepchild or adopted child. A stepchild relationship ends if the deceased's relationship with the child's parent ended before the death
  • A dependant: someone who was wholly or substantially supported by the deceased when they died (not in return for full value), and who is the deceased's parent, the parent of the deceased's child under 18, or a person under 18. The court must also be satisfied it's proper to make provision for them

The time limit is 9 months from the death. Section 41(8) says that, unless the court directs otherwise, the proceedings must be started within 9 months after the death, and the court can hear the claim even if no grant has been made. The clock runs from the date of death, not from the grant.

Why 6 months matters too. The 6 month mark isn't a deadline for your claim. It's the point from which an executor is protected under section 44: an executor who distributes the estate at least 6 months after the death, without notice of a claim, can't be sued for doing so. If the executor gets written notice that you intend to claim, they're only protected if they wait at least 9 months from the death before distributing. Once you've started the case and the executor has been told in writing or served, distributing exposes them to liability. The notice must be in writing and signed by you or your lawyer. So if you're thinking of claiming, tell the executor in writing early.

The Public Trustee says the court looks at your needs, age, health and finances, your relationship with the deceased, what they may have wanted, and the needs of the other beneficiaries. It can order a lump sum or regular payments. Separately, anyone with an interest in the estate can file a caveat to object to a grant, for example if they doubt the will is valid. Disputes are expensive: the Public Trustee reported a 2025 District Court case in which an estate worth just over $900,000 ran up estimated legal costs of almost $145,000 unsuccessfully defending a family provision claim.

What a Brisbane wills and estates lawyer costs, and free help

Many firms quote fixed fees for wills and powers of attorney, and charge by the hour or in stages for estate administration and disputes. Some offer to defer fees in estate matters until the estate can pay. In Queensland, for most matters, a law firm has to tell you in writing how it will charge and give an estimate of the total cost, and let you know in writing if that changes substantially. No disclosure is needed where costs are likely to be under $1,500, excluding GST and disbursements. Between $1,500 and $3,000, a shorter disclosure can be given out loud and then confirmed in writing.

  • Public Trustee of Queensland: 1300 360 044. Makes wills free of charge, including updates. A will appointment is a one hour meeting, and it can store your original will
  • Legal Aid Queensland: 1300 65 11 88, weekdays 8:30am to 4:30pm, or 1300 65 01 43 for Aboriginal and Torres Strait Islander people. It doesn't prepare, witness or advise on wills, but someone making a claim about a will or estate may be eligible for help through its Civil Law Legal Aid Scheme
  • Community legal centres and the Queensland Law Society: Legal Aid Queensland refers people to these to find further help or a private lawyer

Accredited succession law specialists. The Queensland Law Society accredits specialists in succession law. The assessment covers wills and estate planning, estate administration and estate litigation. To apply, a solicitor needs at least five consecutive years of full time practice, with at least 25 per cent of their practice in succession law in each of the previous three years. To keep accreditation, a specialist must practise in succession law for at least 25 per cent of a full time practice and complete 15 CPD points a year, at least 10 of them in succession law. It isn't required to practise. You can check a solicitor on the QLS register.

Brisbane estate planning law: common questions

How long do I have to contest a will in Queensland?

A family provision application must be started within 9 months after the death, unless the court directs otherwise. That's the only deadline. But an executor who hasn't been told about a claim can safely distribute the estate from 6 months after the death, so write to the executor before then if you intend to claim.

Who can make a family provision claim?

A spouse, including a de facto partner of at least 2 years and some dependent former spouses, a child, including a stepchild or adopted child, and a dependant. A dependant must have been wholly or substantially supported by the deceased when they died (not in return for full value), and be the deceased's parent, the parent of the deceased's child under 18, or a person under 18.

Does getting married cancel my will?

Yes, unless the will was made in contemplation of that marriage. Divorce cancels gifts and appointments in favour of your former spouse, unless your will says otherwise, and the end of a de facto relationship works the same way. Separation on its own doesn't, so update your will if your relationship ends.

How much does probate cost in Queensland?

From 1 July 2026 the Supreme Court filing fee is $847.60, the same for any size of estate, or $154.70 for eligible individuals. You also pay to advertise your notice of intention to apply, which the Public Trustee lists at $161.70. Legal fees are separate.

Do I always need probate?

No. Queensland Courts says a grant may not be needed for low value assets such as a small bank account, and real estate can often be transferred to a beneficiary through Titles Queensland without probate. Assets held as joint tenants pass straight to the surviving owner.

Who can witness an enduring power of attorney?

A justice of the peace, commissioner for declarations, lawyer or notary public. They can't be the person signing for you, one of your attorneys, or a relation of you or an attorney. If the document covers personal or health matters, they also can't be your paid carer or health provider. An advance health directive needs the same kind of witness, who also can't be a beneficiary under your will. A will is different: it needs two witnesses present at the same time, and someone who can't see and attest the signing can't be one. Choose people who don't inherit under it.

What is an accredited succession law specialist?

A solicitor accredited by the Queensland Law Society in succession law after at least five years of full time practice and an assessment. They must keep practising in the area for at least 25 per cent of a full time practice and do 15 CPD points a year. It isn't required to practise. On this list, Scott Whitla and Hayley Mitchell at McCullough Robertson, Ashleigh Poole at Thynne + Macartney and Paige Edwards at HopgoodGanim are listed on the QLS register as accredited specialists in succession law (checked October 2026).

General information only, not legal advice.

Related pages

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