--- title: "Blog" url: https://nurturelaw.com.au/blog/ type: page date: 2021-06-22 modified: 2026-06-03 markdown_url: https://nurturelaw.com.au/blog.md author: "Kelly Gatehouse" --- # Blog #### Learn what you need to know about wills and estates. [![](https://nurturelaw.com.au/wp-content/uploads/2024/10/Draft-Planning-for-the-Unexpected.png)](https://nurturelaw.com.au/planning-for-the-unexpected-the-importance-of-estate-planning-from-age-18/) Oct15 #### Planning for the Unexpected: The Importance of Estate Planning from Age 18 Life is unpredictable, and while we often associate estate planning with later stages of life, the reality is that individuals as young as 18 can greatly benefit from having key legal documents in place. In Queensland, three of the most crucial documents for adults of any age are a Will, an Enduring Power of Attorney (EPA) and an Advance Health Directive (AHD). These documents ensure that your wishes regarding your assets, personal affairs and healthcare decisions are respected and followed, even if you become incapacitated or unexpectedly pass away.   The Role o f a Will   A Will is a legal … [Read More →](https://nurturelaw.com.au/planning-for-the-unexpected-the-importance-of-estate-planning-from-age-18/) [![](https://nurturelaw.com.au/wp-content/uploads/2024/08/Blog-Navigating-Estate-Admin-2.png)](https://nurturelaw.com.au/navigating-estate-administration-life-loss-and-legacy-podcast-2/) Aug13 #### Navigating Estate Administration – “Life, Loss and Legacy” Podcast In Episode 6 of the “Life, Loss and Legacy” podcast, Kelly Gatehouse of Nurture Law joined hosted by Jordan Vaka from Planning Solo. Listeners were guided through the complexities of estate administration with expert insights from Kelly. Here, we encapsulate some of the key points discussed: At Nurture Law, we resonate deeply with the themes discussed in the podcast. Our approach to estate administration mirrors the compassionate and meticulous guidance shared by Kelly Gatehouse. Key takeaways to help avoid a complicated administration process: For more insights and to listen to Episode 6, visit the Life, Loss and Legacy podcast on … [Read More →](https://nurturelaw.com.au/navigating-estate-administration-life-loss-and-legacy-podcast-2/) [![](https://nurturelaw.com.au/wp-content/uploads/2023/01/Do-I-need-to-update-my-will-after-separation-or-divorce.png)](https://nurturelaw.com.au/do-i-need-to-update-my-will-after-separation-or-divorce/) Jan03 #### Do I need to update my will after separation or divorce? Do I need to update my will after separation or divorce? Separating can be incredibly stressful and there are many things to think about such as a property settlement and parenting arrangements. It is also important to review and update your will and enduring documents. Here are some important reasons why: If you have recently separated or are contemplating separation, we can help you with our tailored ‘Recently Separated’ fixed fee estate planning package. If you have any questions or need assistance with your estate planning, please call us on 07 3174 5730 or book a free chat online. [Read More →](https://nurturelaw.com.au/do-i-need-to-update-my-will-after-separation-or-divorce/) [![](https://nurturelaw.com.au/wp-content/uploads/2022/09/Claim-on-super-2.png)](https://nurturelaw.com.au/making-a-claim-on-superannuation-death-benefits/) Sep25 #### Making a claim on superannuation death benefits Superannuation death benefits can be substantial, and people often don’t realise that there is life insurance attached to their superannuation. When someone has not made a valid binding death benefit at the time of death, the superannuation fund decides how superannuation death benefits will be paid. They can decide to pay the death benefits either to the deceased person’s dependants or to their estate. To assist you in understanding who superannuation death benefit dependents are, we recommend you read our blog ‘What happens to superannuation when someone dies?’. When deciding which dependants of the deceased should receive the superannuation death … [Read More →](https://nurturelaw.com.au/making-a-claim-on-superannuation-death-benefits/) [![](https://nurturelaw.com.au/wp-content/uploads/2022/09/What-happens-to-superannuation.png)](https://nurturelaw.com.au/what-happens-to-superannuation-when-someone-dies/) Sep25 #### What happens to superannuation when someone dies? When a person dies, their superannuation does not automatically form part of their estate. Unless a person has nominated a beneficiary, then the superannuation fund can decide who to pay the superannuation death benefits to. Superannuation death benefits can only be paid to the person’s estate or dependants which includes: Superannuation funds have various types of death benefit nominations you can put in place, which include: If the rules of the superannuation fund allow, superannuation death benefits can also be paid as a pension to certain dependants rather than a lump sum benefit. When deciding who to nominate as a … [Read More →](https://nurturelaw.com.au/what-happens-to-superannuation-when-someone-dies/) [![](https://nurturelaw.com.au/wp-content/uploads/2022/09/What-is-a-valid-Will.png)](https://nurturelaw.com.au/what-is-a-valid-will/) Sep25 #### What is a valid Will? In Queensland, for a will to meet the formal requirements of a valid will, the will must be in writing, signed by the will maker and the will maker’s signature must be witnessed by at least two witnesses. The Court has the power to declare a document that doesn’t meet the formal requirements to be a valid will. There have been various cases where documents such as will instructions, post-it notes, text messages, electronic documents and video recordings have been declared by the Court to be a will. Although these cases were successful, the outcome of cases of this kind … [Read More →](https://nurturelaw.com.au/what-is-a-valid-will/) [![](https://nurturelaw.com.au/wp-content/uploads/2022/09/What-happens-when-someone-dies-without-a-will.png)](https://nurturelaw.com.au/what-happens-when-someone-dies-without-a-will/) Sep24 #### What happens when someone dies without a Will? When someone dies without a will they are said to have died ‘intestate’. In each jurisdiction in Australia, there are intestacy rules that stipulate how a person’s estate is to be divided if they die without a will. Here is a handy diagram showing how an estate would be distributed in accordance with the rules of intestacy in Queensland. When someone dies without a will, an administrator is granted Letters of Administration and is appointed to administer the estate. The role of an administrator is similar to an executor who someone would appoint in their will. The laws in Queensland … [Read More →](https://nurturelaw.com.au/what-happens-when-someone-dies-without-a-will/) [![](https://nurturelaw.com.au/wp-content/uploads/2021/07/Common-reasons-people-put-off-making-a-Will-1.png)](https://nurturelaw.com.au/do-you-have-an-up-to-date-will/) Jul23 #### Do you have an up to date Will? More than 50% of Australians don’t have a Will and more than half of those who do acknowledge it needs updating.    Estate Planning in Australia Final Report, Charles Sturt University and The University of Adelaide (2017) This article explains some of the common reasons people put off making a Will and addresses some misconceptions around Will making. I hope you find it useful and helps you jump over any hurdles that are stopping you from making a Will. I DON’T HAVE ENOUGH ASSETS While the gifting of assets is a major part of a Will, a Will also: Appoints … [Read More →](https://nurturelaw.com.au/do-you-have-an-up-to-date-will/) [![Three ways a will can be challenged law](https://nurturelaw.com.au/wp-content/uploads/2021/07/Three-ways-a-will-can-be-challenged.jpg)](https://nurturelaw.com.au/three-ways-a-will-can-be-challenged/) Jul05 #### Three ways a will can be challenged The reasons estates are challenged are as wide-ranging as families and relationships are diverse. Commonly estate disputes involve blended families (i.e. second spouse or step-children), children that haven’t had a relationship with their parent for some time and children who have problems managing money. This article explains some of the most common types of estate claims including family provision applications, challenges to the will be based on lack of capacity or challenges to the will based on undue influence. 1. Family provision application Family provision applications are the most common types of estate claims. These types of claims are made by eligible persons who believe they have been treated unfairly in the deceased’s will or under … [Read More →](https://nurturelaw.com.au/three-ways-a-will-can-be-challenged/) [![Stuck deciding who your executor should be will](https://nurturelaw.com.au/wp-content/uploads/2021/07/Stuck-deciding-who-your-executor-should-be.jpg)](https://nurturelaw.com.au/stuck-deciding-who-your-executor-should-be/) Jul03 #### Stuck deciding who your executor should be? Choosing an executor is difficult and one of the most important decisions you will need to make when making a will. To put it simply, the role of an executor is to make funeral arrangements, obtain probate, collect in your assets, pay your debts and then distribute the estate to your beneficiaries. Sounds simple right? Sometimes but, as lawyers like to say, ‘it depends’. The role of an executor can be onerous, and an executor is expected to act quickly and fairly. Executors are also often required to assume other roles, for example, to act as director of a company, … [Read More →](https://nurturelaw.com.au/stuck-deciding-who-your-executor-should-be/) [![What is probate Why do I need probate](https://nurturelaw.com.au/wp-content/uploads/2021/07/What-is-probate-Why-do-I-need-probate.jpg)](https://nurturelaw.com.au/what-is-probate-why-do-i-need-probate/) Jun29 #### What is probate? Why do I need probate? Probate is a document that is granted by the Supreme Court of Queensland to an executor. Executors appointed in a will can apply for probate to be granted to them. A grant of probate is the Court’s official recognition that the executor has a right to administer the estate in accordance with the will.  One of the first decisions you will need to make when commencing the administration of an estate is whether you need to obtain probate.  It may be necessary to obtain probate to deal with the deceased’s bank and property. Banks (and other asset holders) usually require probate before … [Read More →](https://nurturelaw.com.au/what-is-probate-why-do-i-need-probate/)