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Your Guide to Wills and Estate Planning in Brisbane: What You Need to Know

Planning for the future isn’t always easy, but when it comes to wills and estate law, preparation is the key to peace of mind. At Aylward Game Solicitors, we help individuals and families across Brisbane, the Gold Coast, and the Sunshine Coast navigate the often complex world of wills and estate planning with clarity, compassion, […]

Your Guide to Wills and Estate Planning in Brisbane: What You Need to Know

Your Guide to Wills and Estate Planning in Brisbane: What You Need to Know

Planning for the future isn’t always easy, but when it comes to wills and estate law, preparation is the key to peace of mind. At Aylward Game Solicitors, we help individuals and families across Brisbane, the Gold Coast, and the Sunshine Coast navigate the often complex world of wills and estate planning with clarity, compassion, and confidence.

With nearly 80 years of combined legal experience, our team of wills and estates lawyers understand how important it is to safeguard your wishes and protect your loved ones. Whether you’re drafting your first will or facing a dispute over a loved one’s estate, we are here to guide you every step of the way.

What Is Wills and Estate Law?

Wills and estate law covers the legal processes involved in planning for the distribution of your assets after death, appointing guardians for minors, handling incapacity, and managing estates. It also includes resolving disputes or legal issues related to wills, powers of attorney, and deceased estates.

This area of law can be surprisingly technical, which is why working with an experienced wills and estate lawyer is essential to ensure everything is handled correctly and fairly.

Why You Need a Wills and Estate Lawyer

Although it may be tempting to use DIY will kits, these often fail to meet legal requirements and can result in serious complications later. A skilled wills and estate lawyer will help you:

  • Draft a legally valid and comprehensive will.
  • Appoint an executor and enduring power of attorney.
  • Establish trusts or guardianships for children or dependents.
  • Minimise the risk of disputes among family members.
  • Ensure compliance with Queensland succession laws.

At Aylward Game Solicitors, we tailor every document to your unique circumstances, providing peace of mind that your affairs are in order.

Wills and Estate Planning Services at Aylward Game Solicitors

We offer a full suite of wills and estate planning services designed to protect your assets and your family’s future:

1. Drafting and Updating Wills

Our team works closely with you to create a will that accurately reflects your wishes, including the distribution of property, financial assets, personal belongings, and more. We also help with regular reviews and updates as life circumstances change.

2. Enduring Powers of Attorney (EPOA)

We prepare documents that allow someone you trust to make financial, medical, or personal decisions on your behalf if you lose capacity.

3. Advance Health Directives

This legally binding document outlines your preferences for medical treatment in case you’re unable to communicate those decisions later.

4. Testamentary Trusts

A testamentary trust can offer tax benefits and increased control over how your estate is managed. It’s ideal for families with young children, individuals with disabilities, or complex financial structures.

5. Estate Administration

We assist executors with the entire estate administration process – from applying for probate or letters of administration to distributing assets in line with the will or intestacy laws.

6. Estate Litigation and Dispute Resolution

Our wills and estates lawyers in Brisbane are experienced in resolving disputes relating to contested wills, family provision claims, executor misconduct, and more. We always aim for resolution through negotiation or mediation, but we are also equipped to represent your interests in court if needed.

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What Happens If You Don’t Have a Will?

When someone passes away without a valid will (intestate), Queensland’s intestacy laws dictate how their estate is divided. This can lead to unintended outcomes, delays, and increased legal costs. Even worse, your family may experience conflict or confusion during an already difficult time.

Creating a will with the guidance of wills and estate lawyers near me ensures that your estate is managed in accordance with your wishes and that your loved ones are supported.

Choosing the Right Wills and Estate Lawyers in Brisbane

When searching for wills and estate lawyers near me, it’s important to choose a firm with the right mix of experience, empathy, and attention to detail. At Aylward Game Solicitors, we pride ourselves on being:

  • Experienced – Our legal team is led by founding partner Mark Game, who brings decades of expertise in property, commercial and estate law.
  • Trusted – We’ve built long-term relationships with clients across Brisbane and Queensland based on reliability, transparency, and results.
  • Personalised – We take time to understand your values, family dynamics, and financial goals before recommending any legal strategy.
  • Accessible – With offices in Brisbane, the Gold Coast and Sunshine Coast, and the option for remote consultations, we make expert legal advice easy to access.

Common Estate Planning Mistakes to Avoid

Even small oversights can have serious consequences in wills and estate law. Here are a few common mistakes we help clients avoid:

  1. Failing to update your will – Marriages, divorces, new children, and asset changes should trigger a review.
  2. Appointing the wrong executor – Choose someone trustworthy and capable of managing the responsibilities.
  3. Not planning for incapacity – A will only applies after death; EPOAs and health directives are crucial for managing affairs while alive.
  4. Ignoring potential disputes – Open conversations and careful planning can reduce the likelihood of family disputes.
  5. Not getting legal advice – Generic templates or verbal promises often don’t hold up in court.

Avoiding these pitfalls is one of the reasons it’s so important to work with professional wills and estates lawyers.

How We Support You Through Every Stage

At Aylward Game Solicitors, our service doesn’t end with a signed document. We provide continued support to make sure your plans remain effective and up to date:

  • Initial consultation – We get to know your goals and provide tailored legal advice.
  • Drafting and execution – We prepare and witness all documents to meet legal standards.
  • Ongoing reviews – We help you update your plan as circumstances evolve.
  • Estate support – We guide your family or executor when it’s time to administer your estate.

We also work alongside financial planners, accountants, and other professionals to deliver a well-rounded estate strategy.

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Trust Aylward Game Solicitors to Navigate Your Legal Challenges
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Frequently Asked Questions – Wills and Estate Law in Queensland

Why should I engage a wills and estate lawyer?

A wills and estate lawyer ensures your legal documents comply with Queensland legislation, reflect your intentions accurately, and help safeguard your assets and family. Legal advice can also minimise the risk of future disputes or complications.

What happens if I die without a will in Queensland?

Dying without a valid will – known as dying intestate – means your estate will be distributed under Queensland’s intestacy laws. This may not align with your preferences and can lead to delays or disputes among surviving family members.

How often should I update my will?

You should consider reviewing your will every few years or after any major life event such as marriage, divorce, the birth of children or grandchildren, or changes in financial circumstances. Aylward Game Solicitors can assist with updating your will to ensure it remains valid and relevant.

Can I prepare my own will?

While it’s legally possible to write your own will, doing so without legal advice can be risky. DIY wills are often invalid or unclear. Working with a professional wills and estate lawyer helps ensure your will is legally binding and properly reflects your wishes.

What is an Enduring Power of Attorney (EPOA)?

An EPOA is a legal document that allows someone you trust to make decisions on your behalf if you lose capacity. This can include financial, personal, and health-related matters. It’s a crucial element of effective estate planning.

How can I minimise the chance of a will dispute?

To reduce the likelihood of your will being contested, make sure it is drafted clearly, regularly reviewed, and executed in line with legal requirements. Choosing the right executor and seeking advice from a qualified solicitor, like Aylward Game Solicitors, also provides greater peace of mind.

What is probate, and when is it required?

Probate is the legal process of validating a will and granting authority to the executor to administer the estate. It’s often necessary when dealing with property, superannuation, or significant financial assets.

Can a will be challenged in Queensland?

Yes, a will can be contested under certain circumstances – usually through a family provision claim. If you believe you were unfairly left out of a will, or treated unequally, Aylward Game Solicitors can help assess your eligibility to make a claim.

How much does it cost to have a will prepared in Brisbane?

Costs vary depending on the complexity of your estate. Aylward Game Solicitors offer affordable and transparent pricing, including fixed-fee options for standard wills and estate planning services. Contact our team for a personalised quote.

Who should I choose as executor of my will?

Your executor should be someone reliable, impartial, and capable of handling financial and legal responsibilities. They are in charge of administering your estate and ensuring your instructions are followed. Our lawyers can help you decide who is best suited for this important role.

Do you provide wills and estate services across Queensland?

Yes. Aylward Game Solicitors service Brisbane, the Gold Coast, the Sunshine Coast, and offer remote consultations for clients throughout Queensland. If you’re searching for wills and estate lawyers near me, we’re available to support you wherever you’re located.

Get Ahead with Expert Legal Guidance
Trust Aylward Game Solicitors to Navigate Your Legal Challenges
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Why Choose Aylward Game Solicitors for Wills and Estates in Brisbane?

Booking Free AppointmentYour estate is too important to leave to chance. Here’s why so many individuals and families trust us for their wills and estate planning needs:

  • Clear, fixed-fee pricing options
  • Transparent communication
  • Friendly, supportive team
  • Proven results in estate disputes
  • Full legal services under one roof

Whether you need a straightforward will or guidance through a complex family estate dispute, our wills and estates lawyers Brisbane teams ready to help.

Get Started Today

If you’re looking for wills and estate lawyers near me who understand the unique needs of Queensland families, Aylward Game Solicitors is here for you.

Call us on 1800 217 217 or visit aylwardgame.com.au to book your consultation.

Let’s plan for tomorrow — today.

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