Wills and Estate Planning

What happens when…

What is Estate Planning?

Estate Planning is about planning for the future. The reality is life doesn’t tell us what is going to happen and when.If we don’t properly prepare for the future then when an event occurs the law determines how things play out. This may not match up with what we want or need.This is why estate planning is so important.

Estate planning can involve a number of things from having a simple will prepared to drafting documents involving complicated business structures like shareholder agreements for your company and everything in between. 

What are the typical documents involved?


Your Last Will and Testament is a document that operates once you die. In your Will typically there are 4 different types of people;

  1. You are the Testator or Will maker
  2. Executors – These are the People that you appoint to take control of your estate. Your executors call in your assets, pay out any bills owed by your estate. Your executors then finalise your estate administration by passing on the balance of your estate to your beneficiaries;
  3. Beneficiaries – these are the people that will benefit from your estate. Executors and Beneficiaries can be the same people;
  4. Guardians – These are the people that you appoint to look after any infant children.

Everyone has a different scenario, however a typical scenario of a marries Husband and Wife situation would be where:

Wife appoints Husband as Executor and leaves everything to him as sole Beneficiary. The Wife may then appoint here brother and her sister in law as default executors. She may then leave everything to the 3 children she has with her husband to be held on trust until the children turn 25 years old. She may also appoint her parents as Guardians for their children.

The Husband may then have a will that “mirrors” the Wife’s will.

BUT this is just an example – the reality is No one has a “normal” scenario and it is very common to have to cater for many different that involve;

  • Defacto partners
  • Children to previous relationships
  • Same sex marriages
  • Beneficiaries with difficult circumstances – Mental illness, addiction, financial problems
  • Business relationship
  • Different structures including companies, trusts
  • Assets owned with other parties
  • Life insurance
  • Superannuation
  • Specific gifts of particular assets
  • Loans

And the list goes on…….

Enduring Power of Attorney

Your Enduring Power of Attorney is the document that operates while you are alive only. Once you die it ceases to be of effect and then your Will comes in to operation.

An Enduring Power of Attorney is where you appoint people you trust to make Legal, Financial and Health decisions for you.

You can appoint up to 4 attorneys. You can appoint different attorneys for different types of decisions.

You can also choose when you want your attorneys to make financial decisions for you. i.e. you may want or need to then to make financial decisions for you now or at a certain date in the future and not just when you lose capacity to make decisions for yourself.

Your attorney can only personal and health decision IF you lose the mental capacity to make decisions for yourself.

Advance Health Directive

This documents also operates whilst you are alive. It goes a step further than an Enduring Power of Attorney. In your Enduring Power of Attorney you appoint people to make decisions for you, in your Advance Health Directive, you give health directions now in advance of something happening to you in the future. It operates when you can not communicate and mostly when you are not going to survive. You complete the Advance Health Directive now with your Doctor. Your GP will explain the different medical scenarios and you can make particular choices. This document is then provided by your loved ones in the future to medical staff if you can not communicate.

Legal costs for Estate Planning

We typically meet with our clients for an initial no obligation meeting to discuss their particular estate planning needs. From this we are able to give our clients a quote for costs involved. Our clients can then choose what they want to do and whether they wish to engage us before it costs them anything.

Costs for estate planning (because of everyone’s different scenario) can vary from a several hundred dollars per person to several thousand depending on what is required.

Other Matters…

There are many areas that relate to estate planning where we also are able to advise and assist our clients including:


Asset Protection


Entity and Structure Advice


Tax related advice


Property matters


Water licences


Family Law

Call us if you want excellent start to finish conveyancing assistance.

Contact Us

Contact Info

By appointment only.

Suite 1, 2 Otranto Avenue, Caloundra Qld 4551

PO Box is 705 Caloundra QLD 4551

(07) 45 800 727