August 7, 2026
- solicitors@campbellslegal.com.au
- (07) 3849 3066
Two kinds of people come to us about estates. People planning ahead, and people who have just lost somebody and been handed a folder.
If you're in the second group: you don't need to know anything before you call. Bring what you have. Working out what's required is our job, not yours.
A will is the part people think about. The rest of it — who makes decisions if you lose capacity, what happens to superannuation, whether your executor has any idea what's involved — is where estates actually come unstuck.
notice before a probate application can be filed
the deadlines for a family provision claim
Queensland's new Trusts Act commenced
New law — commenced 28 April 2026
Queensland's trust law was rewritten, and it applies to wills already signed
The Trusts Act 2025 (Qld) replaced legislation that had stood for 53 years. It applies to every Queensland trust — including testamentary trusts created by a will, and the trust an executor holds while administering an estate — whether that trust was set up before or after April.
The most significant change reverses the old position. Under the previous Act, the trust document generally prevailed over the legislation. Now the Act prevails over the trust document, except where it says otherwise. Trustees also gained the powers of an absolute owner, core duties are set out in the legislation for the first time, and beneficiaries have a legislated right to inspect the accounts.
Existing wills and trust deeds don't automatically need rewriting — but if yours contains a testamentary trust, or you're acting as a trustee or executor, it should be reviewed against the new rules.
Trusts Act 2025 (Qld) →A will decides who gets what, who administers your estate, and who looks after your children. Without one, the Succession Act 1981 (Qld) decides all three for you.
What we look at beyond the obvious: blended families and stepchildren · whether a testamentary trust is worth the complexity for your situation · business interests and who can actually run them · superannuation, which usually isn't an estate asset at all unless you direct it there · assets held jointly, which pass outside the will entirely · and whether your chosen executor is realistically up to it.
Two technical points worth knowing. A beneficiary must generally survive the will-maker by 30 days under section 33B, unless the will shows a contrary intention. And a will is revoked by marriage unless it was made in contemplation of that marriage — a trap that catches people who marry later in life.
DIY will kits. They're valid if executed correctly. Most of the estates we see litigated involve one. The cost of fixing an ambiguous homemade will after death is many multiples of what a solicitor would have charged to draft it.
Sellers who prepare well before going to market achieve better outcomes. Financial statements should be up to date and consistent with tax lodgements, key contracts located and reviewed for assignability, employee entitlements reconciled, and intellectual property ownership confirmed. Correcting these issues before due diligence begins is far cheaper than correcting them once the purchaser's team has found them.
The restraint of trade is the clause buyers care most about. Queensland courts will only enforce restraints that are reasonable in scope, time and geography — so they need careful drafting. Too broad and it's unenforceable; too narrow and you've sold goodwill you can immediately compete against.
Lease assignment is the most common cause of delay. Under Queensland law an assignment of lease usually requires the landlord's consent, which must not be unreasonably withheld, but there are strict procedures for requesting it. Start that conversation early — see our Commercial Property page for the retail lease disclosure steps.
Employees. In an asset sale employees aren't automatically transferred — the seller terminates and the buyer offers new employment. Continuity can be preserved if the buyer recognises prior service, with significant implications for accrued leave, redundancy and long service leave. These entitlements are usually adjusted between the parties at settlement, and can amount to tens of thousands of dollars if overlooked.
Three documents, three jobs
Which one do you actually need?
| Will | Enduring power of attorney | Advance health directive | |
|---|---|---|---|
| When it operates | Only after you die | While you're alive, including after you lose capacity | While you're alive, if you can't speak for yourself |
| What it covers | Who gets your assets, who administers the estate, guardianship of children | Financial decisions, personal and health decisions | Specific medical treatment directions |
| Who acts | Your executor | Your attorney | Your doctors, guided by your written directions |
| If you don't have one | The Succession Act decides who inherits | Your family must apply to QCAT — slow and costly | Decisions fall to your attorney or statutory health attorney |
| Can you make it later? | Any time while you have capacity | Only while you have capacity — this is the trap | Only while you have capacity; a doctor must complete part of it |
Most people need all three. They're usually done in one appointment and signed at a second. Ask us for a fixed-fee quote for the set.
The structure you set up at the start determines your tax position, your asset protection and what happens when you eventually sell. Changing it later is possible but rarely cheap.
We set up companies and trusts, prepare the constitutions and deeds, and advise on which structure fits — working with your accountant, who'll have views on the tax side that matter as much as ours.
Every company director needs a Director ID before being appointed. It's a one-off application, it stays with you for life, and penalties apply for not having one.
Probate is the Supreme Court's confirmation that the will is valid and that the executor has authority to deal with the estate. Banks, share registries and the titles office generally won't release anything without it.
You may not need it. Small estates — bank accounts under roughly $50,000 and shareholdings under $25,000 — may be released without a grant, subject to each institution's requirements. Assets held as joint tenants pass automatically to the survivor, and superannuation and life insurance usually pass to a nominated beneficiary outside the estate. Ring the institutions and ask before assuming.
If you do need it, the sequence is fixed. The Form 103 notice of intention must be published in the Queensland Law Reporter, and you must wait 14 clear days before filing. A copy goes to the Public Trustee, and you must wait at least seven days after they receive it. The notice allows anyone with an interest in the estate to lodge a caveat — if one is lodged, the application can't proceed until it's resolved.
Since November 2024 all grants are delivered by email. Physical collection and postal delivery are no longer available. Most applications are processed within a few weeks, though requisitions or objections cause delays.
Applying for probate in Queensland
What actually happens, and how long each step takes
Check whether you need it at allFirst
Ring each bank, fund and registry and ask whether they'll release without a grant. Jointly held assets and nominated superannuation usually pass outside the estate entirely.
Locate the original will and the death certificateWeek 1
The Court needs the original, not a copy. Staple holes, marks or anything suggesting a document was once attached will draw questions.
Publish the notice of intention14 clear days
A Form 103 notice goes into the Queensland Law Reporter. You cannot file until 14 clear days have passed. This is a hard statutory period, not a guideline.
Notify the Public Trustee7 clear days
A copy of the notice goes to the Public Trustee of Queensland, and at least seven days must pass from their receipt of it. This period runs alongside the 14 days above.
File the applicationSupreme Court
Affidavits, the original will and supporting exhibits are filed at a Supreme Court registry. Solicitors file electronically.
The Court examines itWeeks
If something is missing or unclear, the Court issues a requisition and the clock restarts on that point. A properly prepared application usually avoids this.
The grant issuesBy email
Since November 2024 grants are delivered electronically. From here the executor can deal with the estate — and the real work of administration begins.
Court filing fees and the advertising fee are disbursements, not our fee. They're paid from the estate, and an executor who pays them personally is entitled to be reimbursed.
Getting the grant is the beginning, not the end. The executor then has to identify and secure the assets, notify institutions, pay debts and tax, deal with the ATO, and distribute — in the right order, to the right people.
Executors are personally liable for getting it wrong, including the duty to settle debts and tax before distributing. Distributing early to a beneficiary who's putting pressure on is one of the most expensive mistakes an executor can make.
The nine-month rule protects you. Under section 44(3) of the Succession Act 1981 (Qld), personal representatives are protected from claims if distribution was properly made 9 months or more after death, provided it was not earlier than 6 months after death and without notice of any application. Distribute before that window and the protection is gone.
If someone dies without a valid will they die intestate, and the Succession Act 1981 (Qld) decides who inherits. The distribution rules in sections 35 to 37 set a fixed order of priority, starting with the spouse and children and moving outward to parents, siblings and more distant relatives only if there is no closer family. No one can change that order — it applies regardless of what the deceased may have said informally.
Instead of probate, someone applies for letters of administration. The process is similar but there's an added question of who has the right to apply.
Stepchildren are not automatic intestacy heirs, though they can claim family provision as a "child" under section 40 without proving financial dependency. That single sentence is why blended families need a will more than anyone.
An eligible spouse, child or dependant left without adequate provision can apply to the Supreme Court for a family provision order.
The deadlines are strict. An eligible person must give written notice of their intention to the executor within six months of the date of death, and file the application in Court within nine months. An eligible person can be precluded from bringing a claim if they miss the time limit — the Court can extend, but you don't want to be arguing for that.
We act for executors defending estates and for people who've been left out. If you're in either position, the first call should be soon rather than eventually.
Simple wills and enduring powers of attorney: fixed fee, quoted up front. For most people this is a single appointment and a set of documents that will serve for twenty years.
Probate and estate administration: we'll quote once we know what's in the estate. Court filing fees and the Queensland Law Reporter advertising fee are disbursements paid to the Court and the QLR — they're not our fee, and they're paid from the estate rather than from the executor's own pocket, with the executor entitled to reimbursement.
Call us on (07) 3849 3066 and we'll give you a figure before you commit to anything.
If someone has died, tell us roughly what’s in the estate and whether there’s a will — that’s usually enough for us to say what’s involved and what it will cost. If you’re planning ahead, just tell us what you’d like sorted. No charge for the first conversation, and no obligation after it.
Or call us now on (07) 3849 3066, Monday to Friday, 9am–5pm.
Wills, enduring powers of attorney and advance health directives are fixed fee, quoted before we start. For most people it's one appointment to give instructions and a second to sign.
Probate and estate administration depend on what's in the estate — we'll quote once we know. Court filing fees and the Queensland Law Reporter advertising fee are disbursements paid to the Court and the QLR, not to us. They come out of the estate, and an executor who pays them personally is entitled to be reimbursed.
Getting the grant is the beginning. The executor then has to identify and secure the assets, notify institutions, pay debts and tax, and distribute — in the right order, to the right people. Executors are personally liable for getting it wrong, and the most expensive mistake is paying a beneficiary early because they're applying pressure. We do the work and tell you what not to do yet.
Not always. Small bank accounts, jointly held assets, and super or life insurance paid to a nominated beneficiary often don't require it. Ring each institution and ask. If any of them says yes, you need it for the whole estate.
The notice period alone is 14 clear days after publication, plus 7 days from notifying the Public Trustee. After filing, most straightforward applications are processed within a few weeks — so four to eight weeks is a fair expectation if nothing is missing. Requisitions add time.
That's the most common place people start from. It's an unpaid job with real legal duties, and you can renounce it if you'd rather not. Come in and we'll explain what's involved before you decide.
Marriage generally revokes a will unless it was made in contemplation of that marriage. Divorce revokes gifts to a former spouse but doesn't revoke the whole will. Either event is a reason to review it.
Every five years or so, and whenever something changes — marriage, separation, a birth, a death, buying or selling a business, or a beneficiary's circumstances shifting.
Usually not automatically. Super is dealt with by the fund's trustee unless you've made a binding death benefit nomination directing it to your estate. It's the asset most often overlooked in estate planning.
An eligible spouse, child or dependant may apply for a family provision order. Written notice must reach the executor within six months of death and the application must be filed within nine months. Get advice early — the clock is short.
You can. Most contested estates we see involve a homemade will. The problems aren't usually the big things — they're ambiguous wording, an invalid witness, or an asset the will-maker didn't realise passes outside the will.
An estate rarely sits on its own — there's often a house to transfer, a business to deal with, or a family arrangement to sort out. These are the areas our estate clients most often need next.
Buying or selling a home in Queensland.
Buying and selling businesses, companies and trusts
Separation, property settlements and children - family lawyers.
Give us a call or send us a message, and we'll let you know how we can help. There's no charge for an initial conversation about your matter.
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Prefer to talk now? Call (07) 3849 3066, Monday to Friday, 9am–5pm.