Wills & Deceased Estates

Estate planning

At Stenton & Moore Solicitors we have more than two decades of extensive experience in all aspects of Wills and Estates services including

  • Wills
  • Estate planning
  • Estate administration
  • Probate
  • Estate litigation

We are able to guide you through the process of drawing up a will or changing an existing will.  We can help you with any complex issues that arise in dealing with contested Wills and Estate litigation, and help safeguard your estate from unwanted claims.

Why do I need a Will?

Having a Will is planning for the future and ensures that your estate goes to the family and friends of your choice after you pass away.

If you pass away without a valid will you will be found ‘intestate’. In this case there is no guarantee your assets will be distributed as you would wish. If a person dies without a will the assets will be distributed by the laws of intestacy.  Under Queensland law, a formula applies for how your assets are divided if you die without a will. This is set out in the Succession Act 1981 under the ‘rules of intestacy’ for estates in Queensland.

This process can sometimes leave a heavy burden on your loved ones.

What should I include in my Will?

Some important things to think about before preparing or updating a Will are:

  • Who will I appoint as my executor?

This will be the person controlling your assets, handling all the relevant paperwork, and distributing your gifts as outlined in your Will after your death.

  • Do I need to appoint a guardian for my children?
  • Who will form part of my Will?

You will need full names and addresses of all beneficiaries mentioned in your Will.

  • What are my assets?

You will need to provide your solicitor with a full list of assets including superannuation, life insurance, trusts & businesses. Please note assets held in trust, superannuation and life insurance do not pass through the Will and form part of your overall estate planning and are paid in accordance.

Estate administration/probate

At Stenton & Moore Solicitors we can help you with the process of estate administration once your loved one has passed. With or without a Will, Estate Administration, is simply the finalising of a person’s affairs after their death.

Estate administration includes the following:

  • Identifying and securing the deceased’s parties assets, including the home
  • Determining the deceased liabilities
  • Notifying clubs, organisations and financial institutions of the deceased’s death
  • Finding and proving a Will
  • Applying to the court to obtain probate of the Will (or a grant of Letters of Administration if there is no Will)
  • Collection of the assets by the executor or administrator
  • Paying debts and tax
  • Distributing the proceeds of the deceased estate to beneficiaries

We would love to assist you with all of the above, including applying for probate and we can even help you with transferring property.