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Wills

It is important that your family is taken care of after you pass away. Our lawyers will ensure your will is legally binding and up to date.

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Why you need an estate lawyer for your will

Financial Assets

Helping you create or change a will

‘Do-it-yourself’ will kits are available, but many people may struggle to create or change a will without legal assistance. A lawyer can help you with this process by explaining any legal terminology and the long term impacts your will might have to ensure your estate is divided up according to your wishes.

Timely Legal Services

Ensuring your will is legally binding and up to date

It is important that your family is taken care of after you pass away. Through the help of a lawyer, you can ensure your will is legally binding and up to date in the event of your passing. A legally binding and up to date will can also prevent arguments within the family over the distribution of your property.

Dispute Resolution

Assisting you in selecting an executor

After you pass away, the executor of your will will be responsible for the distribution of your estate. We can assist you in selecting an appropriate executor capable of distributing your estate strictly in accordance with the terms and conditions of your will.

Frequently asked questions

A will is a legal document that describes how you would like your money, belongings and any other assets (your estate) to be divided once you pass away. The individuals you list to receive your estate are called beneficiaries, and the individual you list to administer your estate after you pass away is called your executor. You will can include guardians for your children and pets, a trust to provide for children or an individual with a disability, any preferences you may have for your funeral, or if you want to give money to a charity.
An executor is the individual or organisation named in a will that carries out the wishes of the deceased after they pass away. It is important for the executor to pay all of the debts and taxes of the deceased before distributing the estate. This is also called estate administration.
In order for a will to become legal in Queensland, you must be over 18 years old, the will must be in writing and signed and dated by two witnesses who are also over the age of 18. The witnesses are not allowed to be a beneficiary of the will or know any individuals who could benefit from your will.
If you haven’t created a will, you are said to have died ‘intestate’ and the division of your estate will be decided by the Public Trustee. The Succession Act 1981 (Qld) lists rules for who will receive this estate based on the circumstances of your life at the time you passed away. Locating the individuals who will receive your estate can take extra time and may add costs which will be deducted from your estate.
You should consider updating your will if:

- You become married or you enter into a de facto relationship;
- You become separated, divorced or end your de facto relationship;
- You have children or grandchildren born;
- The executor or beneficiary of your will passes away;
- You have bought or sold property; or
- Your financial circumstances have changed drastically.
Creating or changing a will is completely your choice, and it is illegal for any other person to force you to create or change a will. If someone has forced you to change your will, you should seek support from the Elder Abuse Helpline or the Office of the Public Guardian.
The simplest way to cancel your will is by replacing it with a newly created one. Your will can also become cancelled if there are changes in your life such as entering a new marriage or de facto relationship, or separating or divorcing your spouse or de facto partner.
If your family is arguing over the terms of your will, you should consult an estate planning lawyer who has experience in dealing with will disputes. If disputes cannot be resolved amicably, you will need to apply to the court to resolve them.

Easy, Online Forms

Complete these online forms prior to meeting our lawyers to cut your time and cost in half!

Online Wills Online Enduring Powers of Attorney

Why choose us

We will tell you the truth at all times

We will be honest with you about your prospects of success, issues that arise or the commercial viability of your matter. The first time you come to see us, we will tell you whether you even need a lawyer.

We will respect you and your situation

Our job is not to judge anything you may have done. Our job is to guide your matter and actions moving forward to give you the best possible outcome for you, both legally and personally.

We will listen and understand your needs

We will hear not just what you want to achieve, but why you want to achieve it. We will tell you what you need to do to achieve the outcome you are after, legally, practically and emotionally.

We will stand by you all the way

Your matter doesn’t finish once a court order has been made. We will stay on your matter right up until all of the outstanding issues have been dealt with and the court orders are complied with.

We can help you through all aspects of creating or changing a will.

Forge Legal’s family lawyers are specialists in all areas of family law and can assist you with all legal matters of will creation.

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