Frequently Asked Questions (FAQs)

At Arthur Browne & Associates, we have extensive experience in inheritance and estate matters. Here are answers to common questions about wills, estates, and inheritance in Queensland.

Q: Can I Be Left Out of My Parent’s Will?

A: Yes, a parent can leave a child out of their will due to estrangement, relationship breakdowns, or because another child has a greater need.
However, an excluded child may still be able to claim a share of the estate through a family provision claim if they were not adequately provided for. Courts consider factors such as financial need, relationship history, and the estate’s size.

Q: Can I Contest My Parent’s Will?

A: In Australia, contesting a will usually falls into two categories:

Family provision claims – If you weren’t adequately provided for.
Challenging validity – If the will was made under undue influence or without proper mental capacity.

Key Considerations:

Are you eligible? Children, spouses (including de facto partners), and sometimes grandchildren or dependents can make a claim.
Have you been provided for? Courts consider factors like financial need, age, health, and relationships.
Disentitling conduct – The court may deny or reduce a claim if the applicant has acted in a way that justifies disqualification, such as serious estrangement, abuse, or failing to support the deceased.
Time limits apply – In Queensland, notice must be given within six months of death, and applications lodged within nine months.

Q: What Makes a Will Legally Valid?

A: 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.

Q: What If Someone Dies Without a Will?

A: 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.

Q: What Happens to Jointly Owned Property When Someone Dies?

A: 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.

Q: Do You Pay Tax on Inheritance in Queensland?

A: No, Queensland does not have an inheritance tax. However, other taxes may apply:

Capital Gains Tax (CGT) – If you sell an inherited property (exemptions apply, such as selling a primary residence within two years).
Superannuation death benefits – Tax may apply if paid to a non-dependent.
Income from inherited assets – Rental income or dividends must be declared for tax purposes.

We can help you understand any tax obligations related to your inheritance.

Q: What If I Think a Will Is Unfair?

A: If you believe a will is unfair, you may have legal options.

Family provision claims – If you were not adequately provided for and are an eligible person (e.g., a child, spouse, or dependent).
Challenging the will’s validity – If there is evidence of undue influence, fraud, or lack of mental capacity.

Strict time limits apply, so seek legal advice quickly if you wish to challenge a will.

Q: Can a Will Be Changed After Someone Dies?

A: 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.

Q: How Do I Avoid My Will Being Contested?

A: 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.

Q: What Does Arthur Browne & Associates suggest in summary?

A: We recommend the following when creating a will:

Keep it up to date – Life changes such as marriage, divorce, and new children can affect your will.
Make it clear – Clearly outline your wishes to avoid disputes.
Appoint the right executor – Choose someone who is responsible and capable of managing your estate.
Consider tax implications – A lawyer can help structure your estate to minimise tax for your beneficiaries.
Get professional advice – DIY wills can lead to unintended consequences. A lawyer ensures your will is legally sound and reflects your true wishes.

A well-drafted will is the best way to ensure your assets are distributed according to your intentions. We can guide you through the process to protect your estate and your loved ones.

At Arthur Browne & Associates, we specialise in wills, estates, and inheritance matters. If you have questions about estate planning or inheritance, contact us today for guidance.