Wills and Estate Planning

Take Control of Your Legacy and Future

A properly drafted Will and comprehensive estate plan are among the most important documents you'll ever create. These aren't just legal formalities—they're how you protect your family, control who makes decisions if you lose capacity, and ensure your assets go to the people you choose, in the way you choose.

At Forseti Law Australia, we create tailored estate plans that reflect your unique family circumstances. Whether you have a blended family, a loved one with a disability, international assets, or simply want to ensure your wishes are clearly documented, we provide expert guidance to give you and your family peace of mind about the future.

Why Professional Estate Planning Matters

Many Queenslanders put off making a Will, assuming they're too young or don't have enough assets to worry about. Others download a template online or create a DIY Will that seems adequate. Without proper professional guidance, you risk creating documents that don't achieve your intentions, fail to protect vulnerable beneficiaries, or inadvertently create family conflict and legal challenges.

The hidden risks in inadequate estate planning:

Most people don't realise that dying without a Will means the government decides who gets your assets according to rigid intestacy laws—not your actual wishes. Online Will templates don't account for blended families, disability considerations, or complex asset structures. Even seemingly simple estates can involve superannuation nominations, business interests, family trusts, and tax implications that generic documents can't address properly.

Common estate planning mistakes we help families avoid:

  • Dying without a Will, leaving the government to distribute your estate
  • Failing to update Wills after divorce, remarriage, or birth of children
  • Not accounting for how inheritance affects government benefits for disabled beneficiaries
  • Leaving assets directly to minors without proper trust structures
  • Forgetting about superannuation, which doesn’t automatically form part of your estate
  • Creating unclear or ambiguous instructions that lead to family disputes

Our comprehensive approach to estate planning:

We don't just prepare documents—we listen to your concerns, understand your family dynamics, and create strategies that protect what matters most to you. You'll receive expert guidance on not just Wills, but Powers of Attorney, superannuation nominations, trust structures, and succession planning tailored to your specific circumstances.

We explain your options clearly, help you think through difficult decisions like guardian appointments and executor choices, and ensure your documents are legally sound and unambiguous. Our goal is to give you confidence that your family will be protected and your wishes will be followed, no matter what happens.

Our Wills and Estate Planning Services

What's Included In Our Estate Planning Services

Our comprehensive estate planning services cover:

Initial Consultation

In-depth discussion of your family, assets, concerns, and goals to understand what planning structures you need

Will Drafting

Professionally prepared Wills that reflect your wishes, protect beneficiaries, and minimise potential for disputes or legal challenges

Power of Attorney Documents

Enduring Powers of Attorney for financial matters and Advance Health Directives for medical decisions

Superannuation Review

Analysis of superannuation beneficiary nominations and advice on binding vs non-binding nominations

Executor Guidance

Advice on choosing executors, their responsibilities, and how to make their future role easier

Document Storage

Secure storage of your original documents with copies provided to you and relevant details recorded appropriately

our process

How We Work With Families

Our streamlined legal process is designed to ensure client success by providing efficient and effective legal services. We understand that navigating the legal system can be complex and time-consuming

Initial Consultation:

1

We discuss your family situation, assets, concerns, and what you want to achieve through your estate plan. This might include protecting children from previous relationships, providing for a disabled family member, or ensuring business continuity.

Needs Assessment:

2

We identify all relevant assets including property, superannuation, business interests, and personal items. We discuss family dynamics, potential complications, and specific concerns that should be addressed in your planning.

Strategy Development:

3

We explain your options for achieving your goals, including Will structures, trust arrangements, Power of Attorney considerations, and superannuation planning. You'll understand the implications of different approaches and can make informed decisions.

Document Preparation:

4

We draft your Will, Powers of Attorney, and any other necessary documents with precision and clarity. Everything is written in language you can understand, and we review drafts with you to ensure they accurately reflect your wishes.

Execution & Storage:

4

We arrange proper execution of all documents with required witnesses, provide you with copies, store originals securely, and ensure your executors know where documents are located. We're available for future updates as your circumstances change.

FAQs

frequently asked question

When should I make a Will?

As soon as you have assets worth distributing or people who depend on you—whether that's a spouse, children, or other family members. Major life events like marriage, divorce, having children, buying property, or starting a business should all trigger Will preparation or updates.

Review your Will every 3-5 years or after significant life changes including marriage, divorce, birth of children or grandchildren, death of beneficiaries or executors, major asset acquisitions, or changes in family relationships. Queensland law automatically revokes Wills upon marriage unless specifically drafted in contemplation of that marriage.

A Will takes effect after you die and controls asset distribution. An Enduring Power of Attorney operates whilst you're alive but have lost capacity to manage your own affairs. Both documents are essential—they serve different purposes at different times in your life.

Yes. Your executor manages your estate after death, whilst your attorney makes decisions whilst you're alive but incapacitated. These can be the same people or different people depending on who you trust for each role and what skills each position requires.

Superannuation doesn't automatically form part of your estate—it's controlled by fund rules and any binding or non-binding death benefit nominations you've made. Without proper nominations, your super fund trustee decides who receives your superannuation, which may not align with your Will's provisions.