How Can Our Estate Lawyers Help?

Resolute Legal’s Wills and estates lawyer services include:

  • Advising you in regard to Estate and Probate laws
  • Writing a Will that maximises the inheritance for your family
  • Setting up family and testamentary trusts
  • Advising you regarding choosing executors and guardians
  • Minimising the chance that your Will is contested and subject to litigation
  • Safely storing your Will and other important legal documents

Power of Attorney and Legal Guardianship

At the same time as considering your Will, we strongly recommend that you also put in place safeguards for any future incapacity using Power of Attorney and Legal Guardianship documents. These will ensure that if you are unable to make decisions your Attorney/Guardian will have the legal means to protect and care for you. For a General Power of Attorney, you must complete Form 1 Version 3, while an Enduring Power of Attorney requires completion of Form 2 Version 4. All remaining forms pertaining to Guardianship and Power of Attorney can be found on the Queensland Government website.

What is Estate Planning?

The term Estate Planning is used to cover all legal decisions which relate to creating a legal Will and an Enduring Power of Attorney. The purpose of a Will is to make sure that your personal assets are distributed or transferred according to your specific wishes. Keep in mind that the absence of a Will can result in an individual’s assets being distributed according to the laws of intestacy.

Before speaking to an estate lawyer at Resolute Legal, it is important to consider the following factors:

  • Take stock of all your current assets and liabilities, including foreign investments.
  • Make a list of people to whom you would like to benefit from your estate and how you would like to distribute your estate.
  • If there are children involved, who would you like to appoint as their guardian and how would you like them to be cared for?
  • Who would you like to appoint executor of your estate, and what powers would you like to grant to them?
  • Specify the details for your funeral arrangements.
  • Consider how your life insurance and superannuation are structured.

Who Can Get Access to Your Will?

A copy of a Will is confidential and can only be disclosed to certain persons in prescribed circumstances, some examples include:

  • A spouse, parent, or child
  • Guardian for a child, specified in the will
  • A creditor of the deceased
  • Any person named as a beneficiary in the will

What is Estate Litigation?

There are several different ways to challenge a Will, and they are outlined below.


A challenge to a Will can be mounted by an eligible person if there is a suspicion that the Will is fraudulent, is the result of a forgery, was created under undue influence or under circumstances where there was a lack of testamentary capacity. The courts allow for a challenge to be submitted within 6 months of the official date of death.


If the language of a Will is ambiguous and uncertain, or if there are valid problems with the administrative abilities of an executor, an eligible person can dispute a Will within 6 months of the date of death. Resolute Legal’s team includes lawyers for property disputes who practice in Will dispute cases.


If you believe that you have been inadequately provided for in a Will, you can contest a Will by making a Family Provision Application as the spouse, child or dependent.

Estate Administration

An experienced Will dispute lawyer has the skills necessary to provide you with step-by-step guidance when it comes to handling your estate. Appointing an impartial, legally trained executor allows you to update your Will in a timely fashion to carry out your wishes when the time comes. An executor manages the estate, notifies beneficiaries named in the Will, pays debts, applies for tax returns and deals with insurance companies.

Queensland’s Trusted Wills and Estates Lawyers

Contact Resolute Legal today for comprehensive Wills and Estate law services. Our team will provide tailor made solutions that reflect your exact wishes and provide expert estate administration services to ensure that your assets are distributed in an organised and legally compliant manner.

Don’t leave it until it is too late. Plan for your family’s future today.

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