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

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

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 

​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

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).
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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.

In Australia, contesting a will usually falls into two categories:
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1. Family provision claims – If you weren’t adequately provided for.
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2. Challenging validity – If the will was made under undue influence or without proper mental capacity.