Category: Wills And Estate Planning

How Do I Avoid My Will Being Contested?

24/2/2026

While you can’t guarantee a will won’t be contested, you can reduce the risk by:

Ensuring your will is clear, valid, and up to date.
Documenting your reasons for leaving someone out.
Getting a doctor’s statement confirming you had capacity when making your will.
Seeking legal advice to structure your estate effectively.

Our team can help you create a legally secure estate plan.

You can read more frequently asked questions at our FAQ page.

Can a Will Be Changed After Someone Dies?

23/12/2025

Generally, a will cannot be changed after death, but there are exceptions:

Family provision claims – A court may order changes if someone was unfairly left out.
Informal wills – If a document expresses the deceased’s true intentions but wasn’t properly signed, a court may recognise it.
Executor agreements – Sometimes, beneficiaries agree to distribute assets differently from the will, but legal steps must be followed.

If you need help with estate disputes, we can guide you through the legal process.

You can read more frequently asked questions at our FAQ page here.

What Happens to Jointly Owned Property When Someone Dies?

16/9/2025

Jointly owned property usually passes directly to the surviving owner.

Joint tenants – Ownership automatically transfers to the surviving owner and does not form part of the estate.
Tenants in common – The deceased’s share is passed according to their will (or intestacy laws if no will exists).

If you're unsure how your property is structured, we can review your estate plan to ensure your assets are distributed as you intend.

You can read more frequently asked questions at our FAQ page

Meet Mikaela Comas, Lawyer

27/8/2025

Mikaela is experienced in providing professional service to her clients in the areas of:

Wills
Wills creating testamentary trusts
Enduring powers of attorney
Corporate powers of attorney
Advanced health directives
Deceased estate administration

What If Someone Dies Without a Will?

9/7/2025

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

What Makes a Will Legally Valid?

17/6/2025

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

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