Address
The Greenhouse, Level 4/97 Boundary St, West End QLD 4101
Phone
(07) 3703 1888
Email
admin@directlawyers.com.au
Direct Lawyers is a Brisbane-based law firm that practises exclusively in Wills, Estates, and Succession Law. We provide Estate Planning advice to individuals, couples, and families, with support from experienced Will lawyers in Brisbane for straightforward Wills through to complex Estate Plans involving trusts, business interests, and blended family arrangements.
Because Estate Planning is all we do, we bring a depth of knowledge that generalist firms cannot match. For Brisbane clients, we offer mobile appointments — we come to you, whether that’s your home, your workplace, or another location that suits you. For clients across Queensland, we offer remote appointments via phone or video call.
What Is Estate Planning?
Estate Planning is the process of putting legal arrangements in place to manage your assets, health care decisions, and financial affairs — both during your lifetime and after your death. In Queensland, a complete Estate Plan typically includes a Will, an Enduring Power of Attorney, an Advance Health Directive, and consideration of Superannuation and Trust Structures.
What a Complete Estate Plan Covers
Your Will
A Will is the foundation of any Estate Plan. It sets out who receives your assets, who is responsible for carrying out your wishes, and — if you have minor children — who you would like to care for them. Without a valid Will, Queensland’s intestacy laws determine how your estate is distributed, which may not reflect your intentions.
Enduring Power of Attorney
An Enduring Power of Attorney (EPA) appoints a trusted person to manage your financial and legal affairs if you lose capacity. In Queensland, an EPA must be prepared in accordance with the Powers of Attorney Act 1998 (Qld) and witnessed by an eligible person. It is one of the most important documents you can have in place — and one of the most commonly overlooked.
Advance Health Directive
An Advance Health Directive records your wishes regarding medical treatment if you are unable to communicate them yourself. It gives your doctors and family a clear, legally recognised framework for making decisions about your care. In Queensland, an Advance Health Directive is governed by the Powers of Attorney Act 1998 (Qld) and must meet specific formal requirements to be valid.
Testamentary Trusts
A Testamentary Trust – often referred to as a Testamentary Discretionary Trust – is a trust established within your Will that comes into effect when you pass away. It can provide significant asset protection and tax advantages for beneficiaries — particularly where there are minor children, vulnerable beneficiaries, or blended family dynamics. Not every estate requires a Testamentary Trust, but for many families, guidance from Testamentary Trust Lawyers can help determine whether it is a powerful planning tool worth considering.
Superannuation and Binding Death Benefit Nominations
Superannuation does not automatically form part of your estate. Without a valid Binding Death Benefit Nomination (BDBN), or an equivalent mechanism in place, your superannuation fund trustee has discretion over where your super is paid on your death — and the outcome may not reflect your wishes. We advise on BDBN strategies as part of a complete Estate Plan.
Guardianship Appointments
If you have minor children, your Will is the appropriate place to nominate a guardian — the person you would want to care for your children if both parents were to pass away. While courts are not bound by this nomination — the court is always concerned for what is in the best interests of the child — it is a legal right for every parent under Queensland law and provides important guidance for everyone involved.
Joint Property
Assets held jointly — such as real estate owned as joint tenants — generally pass automatically to the surviving owner, outside of your Will. This means your Will does not control where these assets go on your death. While joint ownership can be a straightforward way to transfer assets, it can produce unintended outcomes if it is not aligned with your broader Estate Plan. We make sure the structure of your property ownership supports, rather than undermines, your overall intentions.
Life Insurance
Life insurance can play an important role in providing financial security for the people you leave behind — particularly where there are debts, dependants, or an unequal distribution of assets. Whether your policy is owned personally or through superannuation, and who is nominated as beneficiary, determines how the proceeds are paid and taxed. Without proper planning, insurance benefits may not reach the intended recipient or may form part of your estate unnecessarily. We incorporate life insurance into your Estate Plan to ensure it delivers the right outcome.
How Estate Planning Works in Queensland
The Legal Framework
Estate Planning in Queensland is governed by a suite of legislation including the Succession Act 1981 (Qld), the Powers of Attorney Act 1998 (Qld), the Guardianship and Administration Act 2000 (Qld), and relevant Commonwealth superannuation legislation. Each document in an Estate Plan must meet the specific formal requirements of the relevant Act to be legally valid and enforceable.
Why Formal Requirements Matter
A Will that is not correctly signed and witnessed, or an EPA that is not completed in the prescribed form, may be invalid — even if the intention is clear. Queensland courts have seen many cases where Estate Planning documents failed due to technical errors that could have been avoided with proper legal advice. Getting the formalities right from the outset protects your family from avoidable complications.
Estate Planning for Blended Families
Blended families — where one or both partners have children from previous relationships — present particular Estate Planning challenges. Without careful planning, assets intended for your children may ultimately pass to a new partner’s family, or a former spouse may have grounds to bring a family provision claim. We advise on strategies including Mutual Wills, Testamentary Trusts, Family Discretionary Trusts and carefully structured Beneficiary Nominations to address these risks.
Estate Planning for Business Owners
If you own a business, your Estate Plan needs to address what happens to it when you pass away or lose capacity. This includes consideration of buy-sell agreements, succession arrangements, and whether the business should continue, be sold, or be wound up. We work with business owners across Brisbane and Queensland to make sure their Estate Plan reflects the realities of their business as well as their personal circumstances.
Keeping Your Estate Plan Current
An Estate Plan is not a set-and-forget document. Marriage, separation, divorce, the birth of children, significant changes in assets, and the death of a named executor or beneficiary can all affect whether your documents still reflect your wishes and remain legally effective. We recommend reviewing your Estate Plan every three to five years — or sooner if your circumstances change significantly.
Book an Initial Consultation
A focused session with one of our lawyers to: review your circumstances, explain your options clearly, and give you a personalised plan you can act on.
You leave with genuine legal advice — not general information.
Still unsure? Our free 10-minute discovery call is the place to begin. We will listen, point you in the right direction, and let you know honestly whether we can help.
Book a Discovery Call.
Our Estate Planning Packages
We offer fixed-fee Estate Planning packages designed to suit a range of circumstances. All packages include a consultation, document drafting, review, and witnessed execution.
| Package | Includes | Best Suited To | Fee |
|---|---|---|---|
| Solo Starter | Basic Will, Enduring Power of Attorney, Advance Health Directive, superannuation advice, life insurance review | Singles without complex assets, recently separated individuals | $1,500 |
| Solo Premium | Testamentary Trust Will, Enduring Power of Attorney, Advance Health Directive, superannuation advice including Binding Death Benefit Nominations, life insurance review, complex asset structuring | Single, divorced or widowed individuals with children and significant assets | $3,200 |
| Solo Executive | Same as Premium plus review, advice and document succession for one Family Discretionary Trust and Self Managed Superannuation Fund (SMSF) | Individuals with assets held in a Family Trust or Self-Managed Superannuation Fund | $4,200 |
| Solo Bespoke | Same as Executive plus review, advice and document succession for multiple Family Discretionary Trusts, SMSF and/or Business Succession Planning | Individuals with complex estates involving multiple Family Trusts, a Self-Managed Superannuation Fund, or business succession planning requirements | From $4,500 |
| Couple Starter | 2 x Basic Wills, 2 x Enduring Powers of Attorney, 2 x Advance Health Directives, superannuation advice, life insurance review | Couples starting out or with straightforward estates | $2,250 |
| Couple Premium | 2 x Testamentary Trust Wills, 2 x Enduring Powers of Attorney, 2 x Advance Health Directives, superannuation advice, life insurance review, Binding Death Benefit Nominations | Established couples with significant assets, business interests, or blended family considerations | $5,500 |
| Couple Executive | Same as Premium plus review, advice and document succession for one Family Discretionary Trust and Self Managed Superannuation Fund (SMSF) | Couples with assets held in a Family Trust and Self-Managed Superannuation Fund | $6,500 |
| Couple Bespoke | Same as Executive plus review, advice and document succession for multiple Family Discretionary Trusts, SMSF and/or Business Succession Planning | Couples with complex estates involving multiple Family Trusts, a Self-Managed Superannuation Fund, or business succession planning requirements | From $7,500 |
How We Work With You
01
Discovery call
A free 10-minute call to understand your situation and confirm we are the right fit (if required).
02
Initial consultation
We meet with you in person, at your location, or by video to discuss your circumstances, assets, family situation, and goals. The consultation fee is $300 to $500 (GST inclusive), depending on whether you are an individual or a couple and how you would like to meet with us.
03
Strategy and drafting
We recommend the right package and documents for your needs, then prepare your Estate Planning documents for review.
04
Review
We walk you through the draft documents, answer your questions, and make any adjustments.
05
Execution and storage
We oversee the correct signing and witnessing of your documents and store them in our safe custody for you without charge.
What Happens Without an Estate Plan
Many Australians put off Estate Planning — often because it feels complicated or confronting. But the consequences of having no plan, or an outdated one, can be significant for the people left behind.
Without an Estate Plan
With a Complete Estate Plan
Why Brisbane Families Choose Direct Lawyers
We practise only in Wills, Estates, and Succession Law. Testamentary Trusts are a core part of our daily work, not an occasional add-on.
Transparent pricing with no hidden costs. You know exactly what you are paying before work begins.
For clients in Brisbane, we come to you. Home, office, aged care facility, or wherever works best for you.
We explain your options clearly so you can make informed decisions without having to decipher legal jargon.
We consider your Will, Powers of Attorney, Superannuation, and Trust Structures together, not in isolation.
Estate Planning involves personal and sometimes difficult conversations. We handle every matter with genuine care.
Common Questions About Estate Planning
A complete Estate Plan in Queensland typically includes a Will, an Enduring Power of Attorney (for financial and legal decisions), and an Advance Health Directive (for medical decisions). Depending on your circumstances, it may also include a Testamentary Trust within the Will, a Binding Death Benefit Nomination for Superannuation, and Guardianship Appointments for minor children. It is also important to consider how assets held outside your estate — such as jointly owned property, Family Trusts, and Life Insurance — are structured and controlled, as these do not automatically pass under your Will. A well-prepared Estate Plan brings all of these elements together to ensure your wishes are carried out effectively and your family is protected.
Yes. An Enduring Power of Attorney and Advance Health Directive are important regardless of how much you own — they ensure someone you trust can make decisions on your behalf if you lose capacity. A Will also matters even for modest estates, because without one, Queensland’s intestacy laws determine who receives your assets, which may not match your intentions.
We recommend reviewing your Estate Plan every three to five years, or sooner if your circumstances change. Key triggers include marriage or de facto relationships, separation or divorce, the birth of children or grandchildren, a significant change in assets, or the death of a named executor, attorney, or beneficiary. Outdated documents can create legal problems for the people you are trying to protect.
Superannuation does not automatically form part of your estate. Without a valid Binding Death Benefit Nomination (BDBN), or an equivalent mechanism in place, your superannuation fund trustee has discretion over where your super is paid on your death — and the outcome may not reflect your wishes.
If you have a Self-Managed Superannuation Fund (SMSF), additional advice may be required in relation to who should have actual control of the SMSF. We advise on BDBNs, reversionary pensions and control strategies as part of a complete Estate Plan.
If you lose mental capacity without an Enduring Power of Attorney (known as an ‘EPA’) in place, no one has automatic legal authority to manage your financial and legal affairs — even a spouse or adult child. An application may need to be made to the Queensland Civil and Administrative Tribunal (QCAT) to appoint an administrator, which can be a costly and time-consuming process. An EPA avoids this entirely by putting the right person in place before it is needed.
Our Wills and Estates Services
Wills & Estate Planning
Plan ahead with confidence. Get tailored advice on Estate Planning in Brisbane, legally valid Wills,Testamentary Trusts, powers of attorney, and support from experienced Will Lawyers in Brisbane to protect your wishes and the people you care about.
Probate & Estate Administration
Get guidance through the estate administration process, including probate, asset distribution, executor duties, and Letters of Administration where there is no valid Will, with support from an experienced Estate Administration Lawyer.
Estate Disputes
Resolve contested Wills and family provision claims with clear legal advice during complex and emotional situations. We provide clear advice on Estate Litigation, contested Wills, executor disputes, and Family Provision Claims to help you understand your options and protect your interests.
Trusted by Brisbane Families
We work with individuals and families across Brisbane and Queensland to plan, manage, and resolve estate matters.
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