Estate planning
Our estate lawyers assist with the strategic planning and management of your affairs, both during your lifetime and in preparation for the future.
This includes planning for incapacity and ensuring your assets are distributed in accordance with your wishes. Taking a proactive approach to estate planning provides clarity, reduces risk, and helps protect those you leave behind.
We work with individuals and families across the Gold Coast to ensure their estate planning is clear, effective, and tailored to their circumstances.
We help strategise your affairs to safeguard your future.
We are here to help.
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Our services cover both planning ahead and managing estates after death, providing continuity and clarity at every stage.
Our team will support you with sound advice and reliable service during difficult times.
Deceased estates
We assist with all legal requirements following a person’s death, ensuring the estate is administered correctly and in accordance with the law.
From applying for Probate or Letters of Administration to identifying assets, managing liabilities, and overseeing distribution, we provide clear guidance throughout the process.
Our team supports clients across the Gold Coast, helping reduce complexity and ensuring estates are managed efficiently, accurately, and with minimal stress for those involved.
Common Questions:
Can grandchildren challenge a Will?
Yes, in New South Wales where recent court decisions have made this more accessible.
The 2023 case of Curtis v Curtis confirmed that grandchildren may be eligible to bring a family provision claim if they can demonstrate dependency or partial dependency, and that there was a special relationship creating a moral obligation on the deceased.
This case lowered the practical threshold for grandchildren to bring claims, meaning estate plans that exclude grandchildren without careful consideration may now be more vulnerable to challenge.
Do stepchildren have inheritance rights?
Inheritance rights for stepchildren depend on both the family structure and the jurisdiction. In New South Wales, stepchildren must generally show they lived with and were dependent on the stepparent to be eligible to challenge a Will. In Queensland, the position is broader and may be available.
There are several strategies to protect your estate, including Mutual Will Agreements, careful structuring of property ownership and other succession planning strategies.
Ultimately, the most effective safeguard is a Will and prepared on tailored advice from an experienced estate planning professional. Clear planning today can prevent conflict and protect family relationships in the future.
What should executors do to protect themselves?
Executors must act strictly in accordance with the law. Mistakes, delays or early distributions can expose them to personal liability.
Professional guidance helps ensure compliance, reduces stress, and protects executors throughout the estate administration process.
See more about Estate Administration
Who can make a family provision claim against an estate?
Eligible persons commonly include spouses, children (including adopted and stepchildren) and, in limited circumstances, foster children who were financially dependent and under 18 at the time of death.
Poor succession planning increases the likelihood of claims. Strategic estate planning can significantly reduce this risk and protect intended beneficiaries.
Can someone who is not in the Will remove an executor?
Yes. Under Queensland law, an eligible person to make a family provision claim (such as a spouse, child or dependent) can apply to the Supreme Court to remove an executor if they fail to properly administer the estate.
For example, in Re Hartley [2020] QSC 251, a son who was not a beneficiary applied to remove his brother as executor due to delays. While the executor was not removed, the case confirms that non-beneficiaries with family provision rights may challenge an executor’s conduct.
What our clients say:
Our late sister finalised her affairs with Amanda Tomlinson and her team at RobertsLaw. On returning home to New Zealand, RobertsLaw provided us outstanding support. We valued their services as matters were dealt with that came to hand when we could not be there. We would recommend RobertsLaw as we found them to be professional with client support at its best.
I would like to thank you all for the outstanding legal service you have provided to me during such a challenging time. I was not aware of the complexities involved in managing a deceased estate and your guidance has been extremely effective. A special thanks ... for managing the conveyancing with its own special challenges and tight time-frames. I would highly recommend the services of RobertsLaw, a very professional, friendly and experienced team.
I had a very complicated family trust setup with SMSF with a different solicitor, who did not give me "value for money". On recommendation by my long term accountant, I chose RobertsLaw to review all documents and setup.
I had an initial meeting with Amanda Tomlinson, (accredited Specialist Family Law, Succession Law). Problems were discussed, I then supplied all relevant documents and history, Amanda analysed them and came up with a much more simplified and transparent version and cost estimates. Agreement was reached, all necessary documents were signed by both parties and I got a full new set of an updated and simplified version.
The whole process with several meetings was done in a friendly atmosphere. I appreciate the professionalism of every member involved in this process.
I’m very pleased with how everything was handled. I felt genuinely cared for, and my wishes were captured clearly and professionally. It also gives me great peace of mind knowing that my Will is securely stored at RobertLaws’ office, so if any of my family members have questions in the future, they have a trusted place to turn.
Very professional and clinical in drawing up my fathers will, with full legal advice everything was professionally covered.
Amanda, Teresa and team at RobertsLaw assisted me with a tricky Probate process. They were informative and caring with a high level of professionalism which in turn made the experience stress free and easy for myself and my family. I can’t recommend highly enough and would not hesitate to call for legal advice and services in the future.