Estate Planning
Protect the people you love with an estate plan designed for your life, your family, and your future.
Estate planning is the process of putting legal documents and practical plans in place so the right people can make decisions for you if you lose capacity, and so your assets pass to the right people after you die.
A good estate plan is about far more than writing a Will.
It considers:
who will care for your children
who will make financial decisions
who will make medical decisions
how your assets will be distributed
protecting inheritances
minimising disputes
reducing unnecessary tax
making administration easier for your loved ones.
What is estate planning?
A Complete Estate Plan
What documents are included in a complete estate plan?
A complete estate plan usually includes a Will, Enduring Power of Attorney, Advance Health Directive, and supporting documents such as a Letter of Wishes. Depending on your circumstances, it may also include a testamentary discretionary trust Will to protect and manage inheritances.
Will
Your Will sets out what happens to your estate after you die. It allows you to choose who inherits your assets, appoint your executors, and nominate guardians for your children if they're under 18.
Letter of Wishes
A Letter of Wishes sits alongside your Will and shares the personal guidance that legal documents can't. It's where you can record your hopes, values, practical information, and messages for your loved ones.
Learn more about Letters of Wishes
Enduring Power of Attorney
An Enduring Power of Attorney allows you to appoint people you know and trust to make financial and personal decisions on your behalf if you lose the capacity to make those decisions yourself.
Learn more about Enduring Powers of Attorney
Advance Health Directive
An Advance Health Directive records your wishes about future medical treatment and gives guidance to your healthcare team and loved ones if you're unable to communicate your decisions yourself. It can also include information about your values, beliefs, and preferences for your care.
Learn more about Advance Health Directives
Testamentary Discretionary Trusts
For some families, a testamentary discretionary trust can be included in a Will to provide greater flexibility, asset protection, and tax planning opportunities for beneficiaries after your death.
Estate Planning FAQs
Why is estate planning important?
Estate planning helps ensure your wishes are understood and legally implemented if something happens to you.
Without an appropriate estate plan, your loved ones may face uncertainty, delays, additional costs, or conflict during an already difficult time.
Estate planning can help you:
✓ Protect your family
✓ Provide for children and future generations
✓ Choose who makes decisions for you if you lose capacity
✓ Protect vulnerable beneficiaries
✓ Consider tax and asset protection strategies
✓ Reduce the likelihood of disputes
✓ Make administration easier for your loved ones
A carefully prepared estate plan provides clarity for the people who matter most.
What happens if I die without a Will in Queensland?
If you die without a valid Will in Queensland, you are considered to have died intestate.
Your estate will be distributed according to Queensland intestacy laws rather than your personal wishes.
This means:
You do not choose who inherits your assets
Your preferred executor may not be appointed
You cannot appoint guardians for your children
Your assets may not pass to the people you intended
The distribution rules depend on your family circumstances, including whether you have a spouse, children, or other relatives.
A valid Will allows you to have greater control over what happens to your estate.
What is the difference between a Will and an estate plan?
A Will is one document within an estate plan.
A Will deals with what happens after you die, including who receives your assets and who manages your estate.
An estate plan considers both your lifetime and your death. It may include documents that operate while you are alive, such as an Enduring Power of Attorney and Advance Health Directive, as well as strategies to protect and distribute your assets after death.
For many people, a Will is an important starting point, but a complete estate plan provides broader protection.
Can I update my estate plan later?
Yes. Estate plans can and should be updated when your circumstances change.
Common reasons to update your estate plan include:
Marriage or separation
Divorce
Birth of children or grandchildren
Death of a beneficiary or executor
Buying or selling property
Starting or selling a business
Changes to your financial circumstances
Changes to the law
Obtaining legal advice when reviewing your estate plan helps ensure your documents continue to reflect your wishes, current legislation and best practice.
What is a testamentary discretionary trust?
A testamentary discretionary trust is a trust created through a Will that begins after your death.
It allows assets inherited by beneficiaries to be managed through a trust structure rather than distributed outright.
Depending on the circumstances, a testamentary discretionary trust may provide benefits such as:
✓ Protecting inheritances
✓ Greater flexibility for beneficiaries
✓ Protecting assets from certain risks
✓ Providing support for vulnerable beneficiaries
✓ Allowing distributions to be managed over time
They are commonly considered for families with children, significant assets, blended families or concerns about protecting future inheritances.
Do I need a lawyer for estate planning?
You are not legally required to use a lawyer to prepare an estate plan, but professional legal advice can help ensure your documents are prepared correctly and appropriate strategies are considered.
Estate planning involves more than completing documents. A lawyer can help identify issues you may not have considered, explain how Queensland laws apply to your circumstances, and ensure your estate plan reflects your intentions.
Legal advice is particularly important where you have:
✓ Young children
✓ A blended family
✓ Significant assets
✓ A business
✓ Superannuation or life insurance
✓ A vulnerable beneficiary
✓ Complex family relationships
✓ Concerns about asset protection or future disputes
How much does estate planning cost?
The cost of estate planning depends on the complexity of your circumstances and the documents required.
A simple Will may be suitable for some people, while others may benefit from a complete estate plan involving additional documents and planning strategies.
Factors that can affect the cost include:
Family circumstances
Asset ownership
Business interests
Superannuation arrangements
Trust structures
Beneficiary needs
Asset protection considerations
At Sun Wills & Estates, we provide fixed-fee estate planning services so you know the costs involved before proceeding.
What happens if I lose capacity?
If you lose capacity and do not have appropriate documents in place, your family may need to apply to the Queensland Civil and Administrative Tribunal (QCAT) for someone to be appointed to make decisions on your behalf.
This process can take time and may not result in the person you would have chosen being appointed.
An Enduring Power of Attorney allows you to choose trusted people in advance to make financial and personal decisions for you if you are unable to make them yourself.
How often should I review my estate plan?
You should review your estate plan whenever there is a significant change in your personal, family, or financial circumstances.
Even where nothing major has changed, it is recommended that you review your estate plan regularly, generally every five years.
A review allows you to confirm that:
✓ Your documents still reflect your wishes
✓ Your executors and attorneys are still appropriate
✓ Your beneficiaries’ circumstances have not changed
✓ Your strategies remain suitable
✓ Your documents reflect current legal requirements and best practice
A review does not always mean changes are needed. It confirms whether your existing plan continues to work.
Can estate planning reduce tax?
Estate planning can consider potential tax implications, but it does not eliminate all taxes.
Certain estate planning strategies may help manage tax outcomes, including how assets are structured, how beneficiaries receive inheritances and whether trust structures are appropriate.
Tax outcomes depend on individual circumstances, so estate planning advice should consider your broader financial position and may involve working alongside your accountant or financial adviser.
Does my superannuation form part of my estate?
Superannuation does not automatically form part of your estate.
The trustee of your superannuation fund generally determines who receives your superannuation unless you have made an appropriate nomination, such as a Binding Death Benefit Nomination.
Your options depend on superannuation law, including who qualifies as a dependant.
Estate planning should consider your superannuation separately to ensure your intended beneficiaries are properly provided for.
Can I leave assets to my children?
Yes, you can leave assets to your children through your Will.
However, the best approach depends on your children's ages, circumstances and your goals.
For example, parents with young children may consider whether assets should be held through a testamentary discretionary trust rather than distributed directly when a child reaches adulthood.
Estate planning can help ensure your children's inheritance is managed in a way that reflects your wishes.
Do I need an Advance Health Directive?
An Advance Health Directive allows you to record your wishes about future healthcare decisions and medical treatment.
It can provide guidance to your loved ones and healthcare providers if you become unable to communicate your preferences.
Many people choose to prepare an Advance Health Directive as part of a complete estate plan because it addresses decisions that may arise during your lifetime.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to make financial and personal (including health) decisions on your behalf if you lose capacity.
Your attorney may be able to make decisions about matters such as:
Paying bills
Managing property and finances
Accessing accounts
Making personal decisions
Without a valid Enduring Power of Attorney, your loved ones may need to apply for authority through QCAT if you lose capacity.
Do I need estate planning if I am young and healthy?
Yes. Estate planning is relevant at every stage of life.
Many people associate estate planning with retirement or ageing, but unexpected events can happen at any age.
Estate planning is especially important if you:
✓ Have children
✓ Own property
✓ Have superannuation or life insurance
✓ Have a partner
✓ Have business interests
✓ Want to protect the people you love
Creating an estate plan early allows you to make decisions while you have capacity and update your plan as your circumstances change.
When Should You Review Your Estate Plan?
How often should I update my Will?
You should review your Will and broader estate plan whenever there is a significant change in your family, finances, relationships or personal circumstances. We also recommend having your estate plan professionally reviewed at least every 5 years.
A review does not always mean your Will needs to be changed. It is an opportunity to check that your documents still reflect your wishes, your chosen executors and beneficiaries are still appropriate, and the strategy behind your estate plan remains suitable.
Obtaining legal advice during a review can help identify changes in legislation, tax considerations, superannuation rules and estate planning best practice that may affect your plan. It also provides an opportunity to confirm that the structures and strategies you have in place continue to provide the protection and outcomes you intended.
Do I need to update my Will if nothing has changed?
If your circumstances have stayed the same, you may not need to update your Will. However, a regular review is still recommended to ensure your Will, Enduring Power of Attorney and Advance Health Directive continue to work as intended.
Your estate planning documents should be reviewed against any changes in the law, your assets, your family circumstances and current estate planning strategies. If changes are identified, your documents can then be updated to ensure your estate plan continues to reflect your wishes and provide the right level of protection.
Estate Plan Review Checklist
Your estate plan should change as your life changes. A Will, Letter of Wishes, Enduring Power of Attorney, and Advance Health Directive should reflect your current circumstances, relationships, assets, and wishes.
We recommend reviewing your estate plan whenever there is a major life event, or at least every 5 years, to make sure it still does what you intend.
You should review your estate plan if:
Your family circumstances change
You get married or enter a de facto relationship
You separate from your partner
You divorce
You have children
Your children become adults
Grandchildren are born
Your family relationships change
A beneficiary, executor, attorney or other important person dies
Your assets or financial circumstances change
You buy or sell property
You receive an inheritance
You start or sell a business
Your superannuation, life insurance or other significant assets change
Your wealth increases or decreases significantly
You create a family trust, company or other structure
Your retirement plans change
The people involved in your estate plan change
Your executor can no longer act
Your attorney can no longer make decisions for you
Your chosen guardians for your children change
Your beneficiaries’ circumstances change
Someone you have appointed no longer reflects who you trust or want involved
Laws or circumstances change
Estate planning laws change
Tax laws change
Superannuation rules change
Your personal circumstances no longer match the advice you previously received
Regular reviews
Even if nothing significant changes, we recommend reviewing your estate plan approximately every 5 years.
A regular review helps identify changes you may have overlooked and gives you confidence that your documents still reflect your wishes.
Life changes. Your estate plan should keep up.
Estate planning is personal. It involves the people you love, the assets you have worked hard for, and decisions that may need to be made during some of life’s most difficult moments.
At Sun Wills & Estates, we believe estate planning should feel clear, practical, and approachable. Our role is to help you understand your options, identify potential risks, and create an estate plan that reflects your circumstances and priorities.
Why Choose Sun Wills & Estates?
Clear advice, without the legal jargon
Estate planning can feel overwhelming. Our approach is to explain complex legal concepts in plain English so you can make informed decisions with confidence.
You will understand:
✓ What your documents do
✓ Why certain strategies may be recommended
✓ How your estate plan works together
✓ What your loved ones need to know in the future
Dedicated estate planning advice
Estate planning is our focus. We help Queenslanders prepare Wills, testamentary discretionary trusts, Enduring Powers of Attorney, Advance Health Directives and complete estate plans designed around their individual needs.
We stay up to date with changes in legislation, legal developments and best practice so your estate plan is prepared with current advice in mind.
A personalised approach
Every family is different. Your estate plan should reflect your circumstances, relationships and goals.
We work with:
✓ Young families wanting to protect their children
✓ Blended families managing complex family structures
✓ Property owners protecting their assets
✓ Business owners planning for succession
✓ Families wanting to protect vulnerable beneficiaries
✓ People wanting certainty around future decision-making
More than just a Will
A Will is an important part of your estate plan, but it is only one piece of the puzzle.
We take the time to understand your family, finances, goals and concerns so we can identify whether additional planning strategies may be appropriate, including:
✓ Protecting inheritances
✓ Planning for children and future generations
✓ Considering superannuation and ownership structures
✓ Preparing for possible loss of capacity
✓ Reducing uncertainty for your loved ones
Fixed fees and a straightforward process
We provide fixed-fee estate planning services so you know the investment upfront.
Our online process makes estate planning accessible for clients across Queensland, with flexible appointments designed to fit around busy lives.
Continue exploring our free resources
Download The Complete Testamentary Guardian Workbook to:
protect your children’s future
know the what, who, and why of testamentary guardians
questionnaire included to find the best match for your family
Download The Complete Estate Plan Guidebook to:
take the overwhelm out of estate planning
know what documents you need to protect yourself and your loved ones
appoint the best suited people to control positions
step-by-step guide to sort your estate plan
Meet Jacqui
DIRECTOR + LAWYER
Hi there! I’m Jacqui, the Founding Director of Sun Wills & Estates. Apart from being a lawyer, I’m also a mum to two beautiful boys...