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Wills & Estate Planning Lawyers in Queensland

Wills + Planning

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Plan for Your Future with Confidence

Protect your loved ones and secure your legacy with comprehensive estate planning. At Bennett Carroll Solicitors, we help Queenslanders create robust estate plans that reflect their wishes and provide peace of mind.

Whether you’re in Brisbane, Sunshine Coast, Gold Coast, Ipswich, or regional Queensland, our experienced lawyers can assist you fully electronically – by phone, email, or video call.

Start planning your future today with a Queensland estate planning lawyer. Contact us.

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Essential Estate Planning Documents

Wills – Ensure Your Assets Go Where You Want Them

A valid Will ensures your assets are distributed according to your wishes – not just the laws of intestacy. Without a Will, your estate could be divided by a fixed legal formula, which may not reflect your family structure or preferences.

A Will allows you to:

  • Choose your beneficiaries
  • Appoint a trusted executor
  • Make provisions for children and stepchildren
  • Prevent unnecessary family disputes
  • Specify your funeral wishes

[Understanding Wills: What You Need to Know to Protect Your Estate → click here]

Enduring Powers of Attorney (EPOA) – Protect Yourself While You're Still Alive

An EPOA gives someone you trust the legal power to make decisions for you if you lose capacity due to illness, injury, or dementia. It can cover financial, legal, and personal/health matters.

Why you need an EPOA:

  • Protection if you lose mental capacity
  • Trusted decision-making for financial matters
  • Healthcare and personal decisions covered
  • Avoids costly guardianship applications
  • Peace of mind for you and your family

[Read: Why You Need a Will and EPOA Together → click here]

Advance Health Directives – Record Your Medical Preferences

An Advance Health Directive (AHD) lets you make your healthcare wishes known in advance, so your medical preferences are respected if you can’t communicate them yourself. Many people assume a Will or EPOA covers this—but only an AHD legally records your choices.

Why you need an AHD:

  • Ensures your medical decisions are followed
  • Reduces stress for family and loved ones
  • Complements your Will and EPOA for complete estate planning

[Read: Advance Health Directives in Queensland → click here]

Queensland wills and estate planning lawyers – Bennett Carroll Solicitors provide legal advice on wills, enduring powers of attorney (EPOAs), and estate administration in Brisbane, Ipswich, Kawana, Mermaid Beach, Stafford and Upper Mount Gravatt. Remote and in-office appointments available.
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Advanced Estate Planning Strategies

Family and Testamentary Trusts – Protect Assets and Provide Tax Benefits

Trusts can offer significant advantages for asset protection, tax planning, and providing for beneficiaries over time. Our lawyers can help determine if a trust structure is right for your situation.

[Read: Understanding Testamentary Trusts→ click here to read]

Succession Planning – Ensure Your Business Continues Smoothly

If you own a business, proper succession planning is crucial. We help business owners across Queensland protect their enterprises and provide for their families.

[Read: Estate Planning Essentials for Business Owners → click here to read]

Retirement Village Planning and Your Estate

Moving into a retirement village is a major elder law decision that directly impacts your finances and your future estate. These contracts can significantly affect your assets, pension eligibility, and what remains for your beneficiaries.

Ensure your estate planning aligns with your retirement living choices.

Read our essential guide: Retirement Village Contracts in Queensland: What You Need to Know Before You Move.

We offer comprehensive advice to structure your Wills and Enduring Powers of Attorney to work seamlessly with your retirement living arrangements. Contact our caring estate team to plan ahead or phone us on 1300 334 566.

Choosing the Right Executor

Your executor will manage your estate, apply for probate, pay debts, and distribute assets. It’s important to choose someone trustworthy and capable – or you can appoint a professional executor like Bennett Carroll.

Key considerations:

  • Trustworthiness and capability
  • Availability and location
  • Potential conflicts of interest
  • Professional vs. family executors

[Read: Choosing the Right Executor → click here to read]

Why You Need Professional Help

Estate planning isn’t just filling out forms. Our lawyers help you:

  • Navigate complex Queensland laws
  • Minimise tax implications
  • Avoid common pitfalls
  • Ensure documents are legally valid
  • Plan for changing circumstances
  • Provide ongoing support and updates

Phone: 1300 334 566 

Get in Touch with Our Legal Team

We help Queenslanders protect what matters most with simple, secure legal solutions. Whether you need a new Will, an Enduring Power of Attorney, assistance administering an estate, or legal support in a dispute, our experienced team is ready to help. Bennett Carroll Solicitors provides trusted legal advice in Queensland with offices across Brisbane, the Sunshine Coast, Gold Coast and Ipswich.
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WILLS & ESTATES RESOURCES

After your Will is created, it’s important to understand how your estate will be managed. See our guide on Estate Administration → for executor responsibilities and legal steps. Even with careful planning, disputes can arise. Learn how to safeguard your estate with our Wills & Estate Disputes guidance →

Get Your Free Queensland Estate Planning Checklist

Planning for the future doesn’t have to be complicated. Enter your email below to instantly receive our free Estate Planning Checklist—created specifically for Queenslanders.

✅ Covers wills, Enduring Power of Attorney (EPOA), key tips & more
✅ Designed to help you prepare before seeing a lawyer
✅ Free download, no obligation

📩 Click here to download your free checklist.  

Who to Notify: The Estate Administration & Planning Checklist

The stress of estate administration is often caused by not knowing who to call and not having the account details ready. Our comprehensive checklist solves both problems.

Click below to receive our Deceased Estate Notification Checklist—a vital tool for both planning and administering an estate.

✅ Planning Ahead: Fill it out now to record your crucial contacts, saving your family weeks of searching later.

✅ Administering an Estate: Use it as a definitive roadmap to ensure every essential person and organisation is notified.

✅ Covers 40+ Contacts: From the ATO to Banks and Digital Accounts.

✅ Free Download, created by our Wills & Estates Solicitors.

📩 Click here to download your free checklist.
will ad estate planning resource , kit, bennett carroll solicitors . elder and planning lawyers in Brisbane Gold Coast and Sunshine Coast

Common Estate Planning Questions

Why do I need a Will?

A Will lets you decide who receives your assets, who looks after your children, and who your executor should be. Without a valid Will, the law’s default rules apply, which may not reflect your wishes. Learn more in What Constitutes a Will/What Is a Will?

How often should I update my Will?

It’s best to review your Will every few years or whenever there’s a major life change—such as marriage, divorce, the birth of children or grandchildren, or buying/selling significant assets. An outdated Will can cause disputes or leave out people you want to benefit.

Do I need to update my Will after divorce or separation?

Yes — major life changes like divorce or separation often require updating your Will to ensure your wishes remain accurate and legally effective. See Do I Need to Update My Will After Divorce or Separation in Queensland?

Can I make a Will without a lawyer?

DIY Will kits exist, but they often create more problems than they solve. If the Will isn’t drafted properly or doesn’t comply with the Succession Act, it may be contested or rejected by the Court. Using a solicitor helps ensure your wishes are legally binding. 

What are the dangers of DIY Wills?

Attempting a Will on your own can lead to serious issues like invalid legal form, unclear wording, missing beneficiaries, or unintended consequences which can result in disputes. It’s safer to get professional legal guidance. Learn more here. 

What’s the difference between a Will and an Enduring Power of Attorney?

A Will takes effect after you pass away. An Enduring Power of Attorney operates during your lifetime and allows someone you trust to make financial, health, and personal decisions on your behalf if you lose capacity.

When to Update Your Estate Plan

Review and update your documents when:

  • Getting married or divorced
  • Having children or grandchildren
  • Buying or selling significant assets
  • Starting or selling a business
  • Moving interstate
  • Changes in tax laws
  • Family circumstances change
What happens to my business if I die without a Will in Queensland?

If there’s no Will, your business assets may not be handled how you’d want — there might be delays, legal complications, or people you didn’t plan for inheriting business interests. (See: What Happens to Your Business If You Die Without a Will in Queensland?)

Get Started with Your Estate Plan

Take control of your future today. Our Queensland estate planning lawyers make the process simple, secure, and stress-free.

📍  Queensland-wide service with offices in Brisbane, Gold Coast, Sunshine Coast & Ipswich
📞 1300 334 566
📧 info@bcglaw.com.au
💬 Or contact us online

Office Locations:

  • Brisbane North – Stafford
  • Brisbane South – Upper Mount Gravatt
  • Sunshine Coast – Kawana
  • Gold Coast – Mermaid Beach
  • Ipswich – By Appointment Only
  • Brisbane Central – By Appointment Only

All services available online via phone, email, or video, with optional in-person appointments at our SEQ offices.

 

Start planning your estate with confidence. Explore our Estate Administration → and Disputes pages.

Related Articles

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New Year, New Peace of Mind: Your Free Essential Legal Health Check for 2026

The new year is more than just a date on the calendar, it’s a global tradition of renewal, setting goals, and getting your life in order. As you plan your fitness regime or financial budget for the year ahead, there is one critical area that often gets overlooked: your legal health. At Bennett Carroll Solicitors, we believe that starting the year with a comprehensive legal review across your personal and business life is the smartest resolution you can make. It’s

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Navigating Executor's Commission in Queensland? This comprehensive guide explains executor payment in QLD for administering a deceased estate. Learn how commission is approved by agreement with beneficiaries or via the Supreme Court of Queensland. We detail factors the Court considers (estate size, asset complexity, time, and legal responsibility), typical commission amounts/benchmarks, and the difference between commission and expenses. Crucial advice for executors and beneficiaries across Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach, & Ipswich. Understand tax implications and when to seek expert legal guidance from our estate administration lawyers regarding probate and executor remuneration claims. Get clarity on your rights regarding deceased estates and executor fees in QLD.

Executor’s Commission in Queensland: A Guide to Fees, Court Approval, and Executor Remuneration

When someone passes away in Queensland, the executor of their will is responsible for managing the estate, a role that can involve significant time, responsibility, and legal risk. In some cases, executors are entitled to be paid for their work through what’s known as executor’s commission. Understanding how executor’s commission works in Queensland is essential for both executors and beneficiaries. At Bennett Carroll Solicitors, we regularly advise clients across Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach and Ipswich on

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When preparing your Will, the often-overlooked step is compiling a complete list of every person and organisation your Executor will need to contact. If you are asking how to create a deceased estate contact list for my Will, this comprehensive checklist is the answer. It is a vital tool for both proactive estate planning and reactive administration, ensuring your family avoids the weeks of searching required to manage everything from the ATO to social media accounts. Created by our will and estate solicitors here at Bennett Carroll Solicitors- a Queensland Based law firm with offices in Brisbane, Gold Coast & Sunshine Coast.

Download Your Free ‘Who-to-Notify’ Checklist (Queensland)

When someone passes away or when you’re planning ahead one of the biggest challenges is knowing exactly who needs to be notified. Missing a key contact can delay probate, create unnecessary costs, or leave accounts unsecured. This checklist is designed to help in both situations: ✔️ Planning your estate (record your contacts now) ✔️ Administering an estate (work through the notifications step-by-step)   1. How This Checklist Helps   A. If You’re Planning Your Estate A major part of a

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What happens if my elderly parent has dementia and no power of attorney in Queensland? If a person loses capacity without an Enduring Power of Attorney (EPOA) or Advance Health Directive (AHD), their children must apply to the Queensland Civil and Administrative Tribunal (QCAT). This process appoints a Guardian for health and an Administrator for finances, leading to significant delays, costs, and potential family conflict over control. Learn the steps involved and why legal advice is essential to avoid QCAT intervention. Bennett Carroll Solicitors have estate lawyers located in Brisbane, Gold Coast, Sunshine Coast and Ipwsich.

No EPOA or AHD? The QCAT Crisis: Who Takes Control of Your Health and Money in QLD

Estate planning is about much more than just a Will. While a Will deals with your assets after you die, the most difficult and painful challenges often arise while you are still alive but can no longer make decisions for yourself. In Queensland, having a valid Enduring Power of Attorney (EPOA) and an Advance Health Directive (AHD) is the only way to ensure you choose who will look after your health, care, and finances if you lose capacity due to

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Planning a move into a retirement village in Queensland can be a complex process, with many legal, financial, and family considerations. Whether you are a senior looking to downsize, a family member helping a parent, or an attorney acting under an Enduring Power of Attorney (EPOA), it is essential to understand your retirement village contract, your rights, and your obligations before signing. At Bennett Carroll Solicitors, our experienced legal team provides expert advice on retirement village contracts in Queensland, including contract review, conveyancing for selling or transferring property, updating Wills and estate planning documents, and guidance for EPOAs and family members. We also help clients understand ongoing fees, exit entitlements, deferred management fees, and any other obligations associated with retirement village living. With offices across Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach, and Ipswich, or via fully electronic online consultations, our team makes moving into a retirement village simple, secure, and legally sound. We support both the individual moving into the village and their families, ensuring everyone involved understands the process and can make informed decisions. If you are planning a retirement move in Queensland and want clarity and protection throughout the process, Bennett Carroll Solicitors can provide tailored, practical legal advice every step of the way.

Retirement Village Contracts in Queensland: What You Need to Know Before You Move

Making the move into a retirement village is a major life decision — for both the person moving in and their loved ones. Whether you’re planning ahead for yourself, helping a parent, or acting under an Enduring Power of Attorney (EPOA), it’s important to understand exactly what you’re agreeing to when signing a retirement village contract in Queensland. At Bennett Carroll Solicitors, we regularly advise clients across Queensland including Brisbane, Stafford, Upper Mount Gravatt, Kawana, Mermaid Beach, and Ipswich on

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An Advance Health Directive (AHD) in Queensland ensures your healthcare wishes, including Do Not Resuscitate (DNR) instructions, are legally followed, giving you and your loved ones clarity and peace of mind. Many Queensland residents assume that a Will or Enduring Power of Attorney (EPOA) covers medical decisions, but only an AHD legally records your healthcare choices if you cannot communicate. At Bennett Carroll Solicitors, we guide clients through AHDs as part of comprehensive estate planning, Wills, and Enduring Powers of Attorney. We provide Queensland-wide legal services from our conveniently located offices in Stafford (Brisbane North), Upper Mount Gravatt (Brisbane South), Kawana Waters/Birtinya (Sunshine Coast), Mermaid Beach (Gold Coast), and by appointment in Ipswich and Brisbane Central, with flexible consultations available via phone, secure email, video conferencing, or in-person visits.

Advance Health Directives in Queensland: Protect Your Healthcare Decisions Through Estate Planning

Estate planning isn’t just about finances or property it’s also about protecting your healthcare choices. Many Queensland residents assume a Will or Enduring Power of Attorney (EPOA) covers medical decisions. The truth is, these documents do not. An Advance Health Directive (AHD) ensures your healthcare wishes are legally recognised if you are unable to communicate, giving clarity and peace of mind for both you and your loved ones. Learn more: Wills & Estates in Queensland What is an Advance Health

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Helpful Government & Legal Resources

  • Queensland Government – Making a Will

  • EPOAs- Office of Public Guardian QLD

  • Advanced Health Directives- QLD Government 
Serving Clients Across Queensland
Bennett Carroll Solicitors is a proud member of the Queensland Law Society (QLS)

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  • Brisbane Central- By Appointment Only

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