Everythings your family need to be properly procted
How to Use This Guide
This guide is designed for Queensland families, couples, blended families, single parents, and retirees who want to understand and act on estate planning — without needing a law degree.
What estate planning covers: your Will, Enduring Power of Attorney, Advance Health Directive, superannuation nominations, guardianship of children, trust structures, digital assets, and how your assets pass when you die.
0.1
The 15-minutes Family Snapshot
Before diving into documents and assets, take 15 minutes to map your situation. This snapshot will guide every decision that follows.
| Do you have a partner? (married, de facto, separated?) | |
| Do you have children? List names and ages, including step-children | |
| Do you have dependants beyond your children? (elderly parents, siblings, etc.) | |
| Are there any blended family factors? (children from previous relationships) | |
| Is anyone currently receiving government benefits or has a disability? |
| Who do you trust most to carry out your wishes after death? | |
| Who would you trust to manage your finances if you became incapacitated? | |
| Are there people you specifically do NOT want involved? | |
| Who would raise your children if both parents died? |
| Do you have a current Will? (Where is it stored?) | |
| Do you have an Enduring Power of Attorney (EPOA)? | |
| Do you have an Advance Health Directive (AHD)? | |
| Are your superannuation beneficiary nominations up to date? | |
| When were these documents last reviewed? |
"If I died tonight..." — Quick Scenario Test
Who would inherit your assets? · Who would look after your children? · Who could access your bank accounts immediately? · Would your partner be protected? · Does your super go where you intend? · Would your family know where to find your documents?
0.2
Asset & Liability Inventory
This is the foundation of your estate plan. Work through each category and make a note against anything that applies to you. Use the Estate Inventory Sheet in the appendix to record full details.
| Home / primary residence (how is it held — sole, joint tenants, or tenants in common?) | |
| Investment properties or land | |
| Overseas property |
| Bank accounts (sole and joint) | |
| Shares, ETFs, managed funds | |
| Term deposits | |
| Cryptocurrency holdings |
| List all super funds and approximate balances | |
| Check whether beneficiary nominations are in place | |
| Confirm if nominations are binding or non-binding | |
| Check lapsing dates (binding nominations typically expire every 3 years) | |
| Life, TPD, or income protection insurance held inside super |
| Life insurance policies — insurer, policy number, sum insured | |
| TPD (Total and Permanent Disability) cover | |
| Income protection | |
| Trauma / critical illness |
| Company shares or shareholding agreements | |
| Trust interests (as trustee or beneficiary) | |
| Partnership interests | |
| Sole trader ABN / business assets | |
| Key person insurance | |
| Buy/sell agreements with business partners |
| Password manager or digital vault access instructions | |
| Email accounts and social media profiles | |
| Online subscriptions with financial value | |
| Cryptocurrency wallets and seed phrases (stored securely) | |
| Domain names, online businesses, digital content |
| Mortgage(s) — lender, balance, joint or sole | |
| Personal loans or car finance | |
| Credit card balances | |
| Business debts | |
| Personal guarantees provided to others | |
| Outstanding tax obligations |
Important — How assets are held matters
Joint tenants assets pass automatically to the surviving owner, bypassing your Will. Tenants in common assets can be directed by your Will. Super does not automatically follow your Will. Make sure you understand how each asset passes.
0.3
Your "People Plan" — Who Does What
Estate planning isn’t just about assets — it’s about people. Choosing the right people for the right roles is one of the most important decisions you’ll make.
Executor
Carries out your Will after you die. Responsible for collecting assets, paying debts, managing the estate, and distributing to beneficiaries. This role can take 12–24 months. Choose someone organised, trustworthy, and willing to take on the work. Can be a beneficiary.
Trustee
Manages assets held in trust (e.g. for minor children). If you set up a testamentary trust in your Will, the trustee holds and invests assets until beneficiaries are ready to receive them. Often the same person as the executor, but not always.
Guardian of Children
The person who raises your children if both parents die. This is one of the most important decisions a parent can make. Consider their parenting values, capacity, location, and willingness. Always discuss this with them first.
Attorney (Financial)
Manages your financial affairs if you lose mental capacity while alive. Named in your Enduring Power of Attorney. This person can access bank accounts, pay bills, manage property, and make financial decisions on your behalf.
Enduring Guardian / Health Decision-Maker
Makes medical and personal lifestyle decisions on your behalf if you can’t make them yourself. Named in your EPOA (personal/health component) or Advance Health Directive. Different from your financial attorney — though can be the same person.
Always appoint backups (Plan B and Plan C)
What if your first-choice executor dies before you? What if your guardian is unable or unwilling to serve? Always name at least one backup for every role. Courts can appoint someone if you don't — and it may not be who you'd choose.
0.4
Core Legal Documents in QLD
These are the essential legal documents that form the foundation of every estate plan. Work through this checklist to identify what you have, what’s missing, and what needs updating.
| Do you have a current, valid Will? | |
| Was it signed in front of two independent witnesses (QLD requirement)? | |
| Does it reflect your current circumstances (new children, property, relationships)? | |
| Does it appoint an executor and at least one backup executor? | |
| If you have minor children, does it appoint a guardian? | |
| Does it include a testamentary trust if relevant? | |
| Is the original stored safely (with your solicitor, or in a secure location)? |
| Do you have an EPOA for financial decisions? | |
| Do you have an EPOA for personal and health decisions? | |
| Does it name an attorney and at least one substitute attorney? | |
| Is it properly witnessed and registered if required? | |
| Does it reflect your current wishes and trusted people? |
| Do you have an AHD setting out your medical wishes? | |
| Have you addressed decisions about life-sustaining treatment? | |
| Is it properly witnessed by an eligible witness (e.g. doctor)? | |
| Does your family know it exists and where to find it? |
| Do you have a binding death benefit nomination in place for each fund? | |
| Is it current (binding nominations typically lapse every 3 years)? | |
| Are your nominated beneficiaries eligible dependents under tax law? | |
| Have you considered a reversionary pension if you have a pension account? | |
| Does your SMSF trust deed allow for your preferred nominations? |
| Have you written guidance for your executor about your intentions? | |
| Have you addressed funeral and burial wishes in writing? | |
| Have you provided guidance for a guardian on raising your children? | |
| Have you noted any specific gifts or sentimental items? |
Couples — do we need separate documents?
Yes. Each person needs their own Will, their own EPOA, and their own AHD. These documents apply to the individual, not the couple. Mirror Wills (leaving everything to each other) are common — but make sure you also plan for what happens if you both die together.
0.5
Common QLD Family Situations
Different family structures create different estate planning needs. Find the situation that best describes your family and work through the relevant considerations.
| Appoint a guardian in your Will — and always appoint a backup | |
| Consider age-based inheritance controls (e.g. children receive at 25, not 18) | |
| Consider a testamentary trust to protect assets for minors | |
| Ensure super nominations and life insurance are in order | |
| Think carefully about who gets guardianship vs who manages money |
| Map out who you want to benefit — your children, your partner, or both | |
| Consider a life interest for your partner with remainder to your children | |
| Be aware of potential claims from step-children or estranged family | |
| Consider whether assets should be protected for bloodline beneficiaries | |
| Review how jointly held property passes on death | |
| Seek legal advice — blended family Wills are complex |
| If your partner survives you and remarries, could your share of the home pass to their new partner? | |
| Consider a life interest arrangement over the family home | |
| Consider how the home is held (joint tenants vs tenants in common) | |
| Discuss with your solicitor whether a testamentary trust is appropriate |
| Document your reasons for excluding or reducing gifts to certain people | |
| Include a statutory declaration if making unequal distributions | |
| Be aware that in QLD, eligible persons can challenge a Will if left without adequate provision | |
| Seek professional advice to reduce the risk of a successful challenge |
| Consider direct gifts vs testamentary trust distributions | |
| A testamentary trust can offer tax advantages for adult beneficiaries | |
| Assess whether any adult children have financial difficulties or relationship concerns | |
| Consider whether loans or advances made during your lifetime should be accounted for |
| A Special Disability Trust (SDT) may allow for assets to be held for their benefit without affecting Centrelink entitlements | |
| Seek specialist legal and financial advice on SDTs — they have strict eligibility requirements | |
| Consider who will be the caregiver and trustee for the long term | |
| Ensure any NDIS planning is taken into account |
0.6
How Assets Actually Pass in Australia
This is where most people get surprised. Not all assets are controlled by your Will. Understanding how different assets pass is essential to making sure your wishes are actually carried out.
Joint Tenancy Assets
Assets held as joint tenants (common for family homes) pass automatically to the surviving owner by right of survivorship — regardless of what your Will says. If you want to direct your share differently, you may need to sever the joint tenancy and hold as tenants in common.
Tenants in Common
Your share of any asset held as tenants in common CAN be directed by your Will. This is an important distinction — especially for investment properties or blended family situations.
Superannuation
Super does not automatically form part of your estate. The trustee of your super fund has discretion over who receives your super unless you have a valid binding death benefit nomination in place. Even with a nomination, the fund trustee can override it in some circumstances if it has lapsed or is invalid.
Life Insurance
If a beneficiary is nominated on your life insurance policy, the payout goes directly to that person — not through your estate. Make sure your policy nominations are current and reflect your wishes.
Trust Assets
Assets held in a family trust or company are not yours personally — they are owned by the trust or company. They are controlled by the trust deed or shareholder/constitution documents, not your Will. Succession of control (who becomes the trustee or shareholder) must be addressed separately.
Bank Accounts After Death
Your family will not automatically have access to your individual bank accounts after your death. Joint accounts can usually be accessed by the surviving account holder. Individual accounts are typically frozen until the executor obtains a grant of probate or letters of administration.
0.7
Tax, Costs & Practical Trade-Offs
Estate planning doesn’t need to be frightening. Here is a plain-English overview of the key financial considerations — enough to have an informed conversation with your advisers.
Capital Gains Tax (CGT)
When assets like property or shares are transferred from an estate to beneficiaries, CGT may be triggered. The timing of the transfer and whether the asset is a primary residence can affect the outcome significantly. The ATO has specific rules for deceased estates — ask your accountant or lawyer about your specific situation.
Testamentary Trusts & Tax
A testamentary trust established in your Will can provide significant tax advantages — particularly for distributions to minors. Children beneficiaries of a testamentary trust can be taxed at adult rates, rather than the punitive penalty tax rates normally applied to children’s investment income. This can be a major advantage for high-value estates.
Estate Administration Costs
Expect to budget for probate fees (based on the value of the estate), legal fees for the executor, and accounting fees. In QLD, a straightforward estate typically costs $3,000–$8,000 to administer. Complex estates with trusts, businesses, or disputes can cost significantly more. A well-structured estate plan reduces these costs considerably.
How to Reduce Drama and Cost
Clear instructions reduce ambiguity. Ambiguity creates disputes. Disputes cost money. A well-drafted Will, properly stored documents, and a family kept informed of your general wishes will save your estate thousands and spare your family weeks or months of stress.
0.8
The Family Protection Plan
Beyond the legal documents, your family needs practical information to function in the immediate aftermath of your death. This section is about making it easier for them.
Immediate Financial Needs
How much cash does your family need in the first 30–90 days? Think about: funeral costs ($8,000–$20,000), regular household bills, mortgage repayments, children’s school fees, groceries and living expenses. Make sure there is a joint account or accessible funds that your partner can reach without needing probate.
| Will — store the original with your solicitor or in a fireproof safe at home. Never store the original in a safe deposit box that can’t be accessed without you. | |
| EPOA — your attorney needs access to this. Give them a copy and keep your original in a safe place. | |
| AHD — your doctor and your health attorney should have a copy. Keep one in your wallet or on your phone. | |
| Super nominations — keep copies with your estate planning documents. | |
| Tell your executor, attorney, and a trusted person where everything is stored. |
Emergency Contact List
Leave a document for your family listing: your solicitor, accountant, financial adviser, super fund contact numbers, insurer contacts, bank contacts, and any other key advisers.
Household Operations Guide
Consider leaving a “household operations” document covering: recurring bills and direct debits, school contacts and medical practitioners, pet care arrangements, appliance warranties and service contacts, and utility providers.
0.9
Meeting Prep: What to Bring to Your Solicitor
If you’re booking an appointment with Kate Redman & Associates (or any QLD succession lawyer), bring as much of the following as possible. The more you prepare, the faster and smoother your meeting will be.
| Photo ID — driver’s licence or passport for all parties | |
| Asset inventory sheet (use the template in the appendix) | |
| Most recent superannuation statements + current nomination status for each fund | |
| Trust deed or company documents if you have business structures | |
| Existing Will, EPOA, and AHD if you have them | |
| Names, dates of birth, and addresses of your executor, attorneys, and guardian nominees | |
| Names and ages of all children and dependants | |
| Details of any prior relationships, prior Wills, or prior EPOAs | |
| Any specific wishes you want to document (funeral, gifts, guardianship notes) | |
| Notes on any family disputes, estrangements, or complicating circumstances |
Emergency Contact List
Leave a document for your family listing: your solicitor, accountant, financial adviser, super fund contact numbers, insurer contacts, bank contacts, and any other key advisers.
Household Operations Guide
Consider leaving a “household operations” document covering: recurring bills and direct debits, school contacts and medical practitioners, pet care arrangements, appliance warranties and service contacts, and utility providers.
Ready to get your estate plan in place?
Kate Redman & Associates offer a mobile service across Brisbane, Redlands, and the Sunshine Coast. We come to you — at home, at work, or wherever you're most comfortable. Fixed fees. Plain English. No surprises. Call 07 3180 0114 or visit kateredman.com.au to book your free consultation.
10.
5-Step Action Plan
Use this printable checklist to work through your estate planning over the next four weeks. You don’t need to do everything at once — just start.
Step 1
Gather
Week 1
| Complete your asset and liability inventory | |
| List the key people in your plan (executor, guardian, attorneys) | |
| Collect any existing documents (Will, EPOA, super statements) | |
| Note what’s missing or out of date |
Step 2
Decide
Week 2
| Confirm your executor and at least one backup | |
| Confirm your guardian if you have minor children | |
| Confirm your financial and health attorneys | |
| Outline how you want your assets distributed | |
| Identify any special circumstances or concerns |
Step 3
Document
Week 3
| Book an appointment with a QLD succession lawyer | |
| Draft and sign your Will with correct witnesses | |
| Draft and sign your Enduring Power of Attorney | |
| Consider whether an Advance Health Directive is right for you | |
| Update all superannuation beneficiary nominations |
Step 4
Store & Communicate
Week 4
| Store your original Will safely (solicitor or fireproof safe) | |
| Give your attorneys certified copies of your EPOA | |
| Tell your executor where documents are stored | |
| Complete your emergency contact list and household guide |
Step 5
Review Regularly
ongoing
| Review every 2–3 years as a minimum | |
| Review after: marriage or divorce | |
| Review after: new child or grandchild | |
| Review after: significant property purchase or sale | |
| Review after: major change in business structure | |
| Review after: death of a nominated executor, attorney, or guardian |
11.
Red Flags — When You Need Professional Advice
Some estate planning situations are too complex for a DIY approach. If any of the following apply to you, seek advice from a specialist succession lawyer before proceeding.
⚑ You are in a blended family or have children from a previous relationship
⚑ You want to make unequal distributions between children
⚑ You own a business, company, family trust, or SMSF
⚑ You have overseas assets or dual citizenship
⚑ You have a large superannuation balance (over $500,000)
⚑ There is a risk of a family member challenging your Will
⚑ You have a child or dependant with a disability
⚑ You are estranged from a family member who may have a legal claim
⚑ You have significant personal debts or have provided personal guarantees
⚑ You are separating or divorcing (note: separation alone does NOT revoke a Will in QLD)
⚑ A key executor, guardian, or attorney has recently died or become incapacitated
⚑ Your existing Will is more than 5 years old or was made before significant life changes
12.
Frequently Asked Questions — QLD
What is an executor actually responsible for?
An executor’s responsibilities include: locating and applying for probate, notifying relevant parties (banks, Centrelink, ATO), collecting and valuing estate assets, paying debts and taxes, managing estate assets during the administration period, distributing assets to beneficiaries, and keeping detailed records. It is a significant responsibility that can take 12–24 months for a standard estate.
Appendix: Worksheets & Templates
copy with your estate planning documents.
| Asset / Liability | Description / Provider | How Held | Approx. Value | Notes |
|---|---|---|---|---|
| Family Home | ||||
| Investment Property | ||||
| Shares / ETFs | ||||
| Superannuation Fund 1 | ||||
| Superannuation Fund 2 | ||||
| Life Insurance | ||||
| Bank Account (Joint) | ||||
| Bank Account (Sole) | ||||
| Crypto / Digital Assets | ||||
| Business Interest | ||||
| Vehicle | ||||
| Mortgage | ||||
| Personal Loan | ||||
| Credit Card | ||||
| Other Liability |
| Role | Name | Phone/Email |
|---|---|---|
| Solicitor / Estate Lawyer | ||
| Accountant | ||
| Financial Adviser | ||
| Superannuation Fund 1 | ||
| Superannuation Fund 2 | ||
| Life Insurance Provider | ||
| Bank (Primary) | ||
| Bank (Secondary) | ||
| Medicare / Centrelink | ||
| Executor (Primary) | ||
| Executor (Backup) | ||
| Attorney / EPOA (Financial) | ||
| Attorney / EPOA (Health) | ||
| Guardian of Children | ||
| Other Key Contact |
| Marriage or commencement of de facto relationship (note: marriage revokes a prior Will in QLD) | |
| Separation or divorce (separation alone does NOT revoke your Will — update it immediately) | |
| Birth or adoption of a child or grandchild | |
| Death of an executor, attorney, guardian, or major beneficiary | |
| Significant change in asset values or acquisition of new assets | |
| Purchase or sale of real estate | |
| Starting, buying, or exiting a business | |
| Superannuation binding nominations approaching their 3-year expiry | |
| Move to or acquisition of assets in another country | |
| Change in a beneficiary’s circumstances (relationship breakdown, debt, disability) | |
| Change in tax law or superannuation law that may affect your plan | |
| It has been more than 3 years since your last review |
Get expert help — we come to you
Kate Redman & Associates is an all-female team of specialist succession lawyers offering mobile legal services across Brisbane, Logan, Redlands, and the Sunshine Coast. Fixed fees. Plain English. We make estate planning simple.
07 3180 0114 · admin@kateredman.com.au · kateredman.com.au