Q: How Important is it to have a Will?
A: Your Will is perhaps the most important document you will ever make. If you do not have
a Will, you are said to die “intestate”. There are certain rules that apply in such cases as
to how your estate is then divided up. These rules may not be consistent with your wishes.
If you have no family, your estate will go to the Government! Further, in many cases,
someone will have to apply to the Supreme Court to be granted the right to administer
your estate. All of this uncertainty, cost and unfairness can be avoided if your Will is
properly drawn up and signed.
Q: What is Probate?
A: Probate is the grant by the Supreme Court of Queensland of the right to administer the
estate by the appointed executor, in terms of the contents of the Will. It is the “proving” of
Q: What if I think I have missed out under the Will of a person?
A: There are only certain classes of persons who can apply in such a case. If you believe you
have not received a fair entitlement, (or any for that matter), you should seek legal advice
about what you might be entitled to.
Q: I am the Executor appointed by a Will, what do I do?
A: By law, you are now charged with wrapping up the affairs of the deceased person. Often,
this involves forms, forms and more forms, many of them legal in nature. You are appointed
as a Trustee for the deceased, with many duties then cast upon you. Your best bet if you
are uncertain is to have legal representation to sort it all out. These expenses are a proper
expense of the estate, so can be paid by the estate.
Q: Should I have an EPA?
A: EPA is Enduring Power of Attorney. Everyone should have one, as in the event you lose
capacity, it may be necessary to make an application to the QCAT by someone to be
appointed to look after your affairs if there is no appointment via this document. This can
be quite a problem if you are running a business, as the delays are considerable, not to
mention the stress and expense.