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What If Someone Dies Without a Will?

9/7/2025

What if someone dies without a will
If someone dies without a will (intestate), Queensland law decides how their estate is distributed:
  •  Spouse/de facto partner – Usually inherits the largest portion.
  • Children – Share the estate if there’s no spouse or inherit part of it if there is.
  • No spouse or children? The estate goes to parents, siblings, or extended family.
  • No family? The estate may go to the government.

​Administering an intestate estate can be complex. We can assist with applying for letters of administration to manage an estate.

You can read more frequently asked questions at our FAQ page 

Upcoming Changes to WorkCover Claims: What Workers and Employers Need to Know from 1 July 2025

1/7/2025

WorkCover
Upcoming Changes to WorkCover Claims: What Workers and Employers Need to Know from 1 July 2025

​From 1 July 2025, significant changes will come into effect regarding how WorkCover Queensland handles provider-lodged work capacity certificates. These changes reflect new privacy obligations under the Information Privacy and Other Legislation Amendment Act 2023 and will impact both injured workers and employers.

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What Makes a Will Legally Valid?

17/6/2025

What makes a will legally valid
​A valid will in Queensland must:
 Be in writing.
  • Be signed by the will-maker in the presence of two witnesses.
  • Be made voluntarily, without pressure or coercion.
  • Be created by someone of sound mind who understands its contents.
If a will doesn’t meet these requirements, it may be challenged in court. To ensure your will is legally sound, consult our estate lawyers.
 
You can read more frequently asked questions at our FAQ page here: https://www.arthurbrowne.com.au/faq.html

Who Pays for the Funeral When Someone Dies in Queensland?

5/6/2025

Who Pays for the Funeral When Someone Dies in Queensland?
In Queensland, funeral expenses are generally considered a priority debt of the deceased's estate. This means that the funeral expenses will likely be the first debt paid from the estate. If the deceased had a bank account solely in their name, the funeral invoice can often be presented to the bank, and they may release funds directly to the funeral director before the estate is finalised.

In cases where sufficient estate funds are not immediately available, an individual may personally cover the costs and later seek reimbursement from the estate (provided it has enough assets to cover the amount).
​
It's always advisable to retain receipts and consult with an estate lawyer to ensure the costs are appropriately reimbursed. At Arthur Browne & Associates, we can guide you through these processes with care during this difficult time.

Can I Contest My Parent's Will?

30/5/2025

Can I Contest My Parent's Will
In Australia, contesting a will usually falls into two categories:
​
  1. Family provision claims – If you weren’t adequately provided for.
    ​

  2. Challenging validity – If the will was made under undue influence or without proper mental capacity.

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Can I Be Left Out Of My Parent's Will?

29/4/2025

Can I Be Left Out Of My Parent's Will?
​Yes, a parent can leave a child out of their will due to estrangement, relationship breakdowns, or because another child has a greater need.

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Arthur Browne & Associates
2 / 2 Harold Street, West End, Townsville Qld 4810
PO Box 1357 Townsville Qld 4810
Tel 07 4772 2811
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AB & Associates Pty Ltd trading as Arthur Browne & Associates ABN 74 654 827 237
Liability limited by a scheme approved under professional standards legislation.
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