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Wills & Probate

Our Wills & Probate team helps you protect your assets and provide for your loved ones through comprehensive estate planning under Queensland law. We prepare wills, establish trusts, manage probate applications with the Supreme Court of Queensland, and assist with estate administration in accordance with the Succession Act 1981 (Qld).

Estate planning is not just for the wealthy—it is for anyone in Queensland who wants peace of mind that their assets will be distributed according to their wishes. Our team takes the time to understand your circumstances and family dynamics to create a Queensland-compliant estate plan that truly reflects your intentions.

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Our Wills & Probate Services

  • Will drafting and estate planning
  • Testamentary trusts and discretionary trusts
  • Probate applications and administration
  • Letters of administration
  • Estate litigation and contested wills
  • Power of Attorney appointments
  • Advance health directives
  • Estate and capital gains tax advice
  • Blended family estate planning
  • Business succession planning
  • Estate planning for SMSFs
  • Guardianship appointments for minor children
  • International estate planning
  • Family provision claims

Wills & Probate FAQs (Queensland Law)

How much does it cost to write a will in Queensland?

A standard will drafted by a solicitor in Queensland typically costs between $200 and $500 for a single will, or $350 to $800 for a couple's mirror wills. At Enlight Lawyers, we provide comprehensive estate planning including wills, powers of attorney, and advance health directives.

What happens if someone dies without a will in Queensland?

If someone dies without a will (intestate) in Queensland, their estate is distributed according to the Succession Act 1981. This may not reflect the deceased's wishes. The spouse and children receive the estate in a fixed order, and de facto partners are recognised. Having a will ensures your assets go where you intend.

How long does probate take in Queensland?

Probate in Queensland typically takes 4 to 8 weeks from lodging the application with the Supreme Court of Queensland to receiving the grant. Complex estates or those involving contested wills may take significantly longer. We handle the entire probate process on your behalf.

Can I contest a will in Queensland?

Yes, you can contest a will in Queensland under the Succession Act 1981 if you are an eligible person (spouse, child, or dependant). Claims must be made within 9 months of the death. Grounds include that the deceased had a moral duty to provide for you or that the will does not make adequate provision.

Related Practice Areas

Estate Planning & Will Drafting

A properly drafted will is the cornerstone of any effective estate plan. We prepare tailored wills that clearly set out your wishes for the distribution of your assets, appointment of executors, and guardianship arrangements for minor children. Our estate planning advice ensures your assets pass to your intended beneficiaries efficiently and with minimal tax impact.

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Probate & Estate Administration

When a person dies, their estate must be administered — assets collected, debts paid, and remaining property distributed to beneficiaries. If the deceased left a valid will, probate is the legal process of confirming the executor's authority. If there is no will, letters of administration are required. We guide executors and administrators through every step of the estate administration process.

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Testamentary Trusts

Testamentary trusts are trusts established within a will that take effect upon the death of the will-maker. They offer significant advantages in asset protection, tax planning, and control over how beneficiaries receive their inheritance. We advise on when testamentary trusts are beneficial and prepare the necessary documentation to incorporate them into your estate plan.

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Powers of Attorney & Health Directives

An enduring power of attorney allows you to appoint someone you trust to manage your financial and property matters if you lose capacity. An advance health directive (often called a living will) sets out your preferences for medical treatment and health care decisions. Together, these documents ensure your affairs are managed according to your wishes when you cannot make decisions yourself.

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Estate Litigation & Contested Wills

When a will is disputed, whether on grounds of capacity, undue influence, or inadequate provision for eligible persons, estate litigation may be necessary. We represent executors defending wills and family members or dependants seeking provision from an estate. Our team handles all aspects of estate litigation in Queensland courts and tribunals.

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Business Succession Planning

For business owners, estate planning must address what happens to the business when you die or lose capacity. Without proper succession planning, your business may need to be sold, your family may lose their livelihood, and the value built over a lifetime can be dissipated. We develop comprehensive business succession plans that protect your business, your family, and your key employees.

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Last updated: July 2026

Our Approach to Wills & Probate

We take a thoughtful, comprehensive approach to estate planning. We consider your family structure, financial situation, and long-term goals to develop a tailored estate plan. We also understand that estate matters can be sensitive, particularly when disputes arise, and handle all matters with compassion and discretion.

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