# Nurture Law — Full Content > Complete content index for LLM consumption > Generated: 2026-10-05 | Posts: 69 --- ## Meet Our Team URL: https://nurturelaw.com.au/our-team/ Type: page Modified: 2026-09-24 Meet Our Team At Nurture Law, our people are the heart of who we are. We are a collaborative and close‑knit team of legal professionals dedicated to supporting our clients with genuine care, practical expertise, and a personal touch. Each member brings unique skills and perspectives, allowing us to deliver tailored solutions that meet the needs of every client. United by our shared values of integrity, empathy, and client‑centred service, we approach all matters – from estate planning to estate litigation – with the goal of reducing stress, resolving conflict, and giving families peace of mind. We foster an environment of trust and collaboration, both within our team and with those we support. Led by Kelly Gatehouse, Principal and Director, our outstanding team includes the much‑loved “Estate Planning Jedi” Carrie Payne, highly experienced Senior Associates Corey Lee Davies and talented Associate Caitlin Littleton, who each bring a wealth of experience across estate planning, litigation, and administration. Together with our dedicated support professionals, we provide clients with compassionate, tailored advice and ensure they feel informed and supported every step of the way. Get to know each of us and discover the people behind Nurture Law’s caring approach. We look forward to working with you!s lawyers Kelly Gatehouse – Principal Lawyer Carrie Payne – Special Counsel (Consultant) Corey Lee Davies – Senior Associate Caitlin Littleton – Associate Support staff Erin Eaton – Operations Manager Anna Kean – Paralegal Cara Hammond – Paralegal Emily Harris – Receptionist / Administration Assistant As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Anna Kean URL: https://nurturelaw.com.au/anna-kean-paralegal/ Type: page Modified: 2026-09-24 Anna Kean BOOK A FREE CHAT Meet, Anna Kean Paralegal Anna will go above and beyond to help our clients and always with a friendly smile and warm greetings. Anna has over 15 years experience working as a paralegal and has spent most of that time working in the area of wills and estates. Anna works closely with Kelly, Carrie and Caitlin to assist with client matters and the operation of Nurture Law. Anna loves coffee and spending time with her husband and two young daughters. Anna and her family are also keen campers. --- ## Caitlin Littleton URL: https://nurturelaw.com.au/caitlin-littleton/ Type: page Modified: 2026-09-24 Caitlin Littleton BOOK A FREE CHAT Meet, Caitlin Littleton Associate Caitlin Littleton joined Nurture Law with a strong background in estate litigation, estate administration, and elder law. Having previously practiced with a focus on complex succession matters, including elder abuse and constructive trust disputes, Caitlin brings both skill and compassion to her role. Having lived rurally, she’s especially passionate about making quality legal advice accessible to all, regardless of location or background. Beyond her legal expertise, Caitlin is an advocate for engaging the next generation in understanding succession law through her social media initiative, “Just in Case,” where she shares practical insights in a relatable way. Outside of work, she enjoys traveling, supporting local charities, and staying active in the outdoors. Caitlin’s dedication to community and client-centred approach make her a valuable addition to the Nurture Law team. Qualifications & Awards Finalist: Lawyers Weekly 30 Under 30 Awards 2024 – Wills & Estates Nominated Canditate: Ones to Watch Recognised as Queensland for Wills, Estates & Succession Planning Law Rising Start Queensland Membership  As seen in… Just in Case blog READ MORE As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Superannuation Death Benefit Disputes URL: https://nurturelaw.com.au/superannuation-death-benefit-disputes/ Type: page Modified: 2026-09-04 Superannuation Death Benefit Disputes For caring, expert legal support in Brisbane, Logan, ipswich and surrounds. Disputing Deceased Super Unhappy with how a super fund has allocated superannuation death benefits or life insurance to be paid? Experienced with the complaint process of various super funds and the Australian Financial Complaints Authority (AFCA), we can help you through the superannuation death benefit disputes and complaints process. How do you know if this support is right for you? You need helping lodging a death benefit claim with a superannuation fund   You’re disappointed about the super fund’s decision   Someone has complained about a super fund’s decision in your favour and you’d like to know next steps  You want to achieve an amicable settlement   You want to maintain family relationships  You want to reduce the impact of legal costs on your inheritance  Pricing Options We offer fixed fees so our focus is on resolving superannuation death benefit disputes in an efficient and cost-effective way rather than how many billable hours we can charge.  Once we meet with you and get an understanding of your case, we’ll provide you with a tailored fixed-fee proposal for various stages of your claim. This means you know what you will pay from the start and there are no ‘uh-oh moments’ when the bill comes. No Win No Fee* and Deferred Fees  Not many people can afford to pay lawyers that deal with death benefits, but we believe strongly that everyone has the right to access legal services, despite their financial circumstances. In most cases, we’ll act on a No Win No Fee* basis or defer payment of our legal cost to suit your financial circumstance. Want to read up on a little more first? Here are some blogs on superannuation death benefit disputes we’ve written to help: Making a claim on superannuation death benefits  What happens to superannuation when someone dies? Get assistance with superannuation death benefit disputes. BOOK A FREE CHAT How it works: Get clarity on what you need by booking a free chat. Get a plan by attending your initial strategy and recommendation meeting with us. Get support. We’ll walk with you through the whole process ahead. Nurture Law has a dedicated team of lawyers that deal with death benefits, and they are ready to help you. Stop searching for ‘death benefits lawyers near me’. Book a free chat with us today to get started. BOOK A FREE CHAT FAQ When might a deferred fee be implemented? If you have an entitlement to an estate, you won’t have to pay your fixed fees until you receive your entitlement from the estate.   If you are an executor or administrator of an estate, we can defer payment of our fixed fees until assets are received by the estate.   We may ask you to pay money towards expenses such as court filing fees.  Terms and conditions apply and can be provided on request.   *What’s does No Win No Fee mean? No Win No Fee means that you only pay our fees if you are successful in your estate or superannuation death benefit disputes claim.   Sometimes there may be expenses such as court filing fees that will be payable by you whether you are successful or not. Once we’ve assessed your matter, we will tell you what these expenses might be.   If you aren’t successful, you may be required to pay your opponent’s legal costs.  We do not charge an ‘uplift fee’ or a percentage of the amount you receive from your claim by acting on a No Win No Fee basis. We simply charge our fixed fees which you only pay if you are successful. Terms and conditions apply and can be provided on request.   Are there any exclusions to the packages? Our wills and estate planning packages are designed to meet most circumstances. However, if we identify that your circumstances require more than what is included in our estate planning packages (e.g. you require an interpreter, there are concerns about your capacity to make a will or enduring document, or you need to change the way you own a property with someone) we will provide you with a tailored fixed fee.  The ‘Just the grant’ and ‘Probate plus’ packages are not suitable for complex applications for a grant such as a grant of a lost will, a grant of an informal will (i.e. a will that doesn’t meet the formal requirements of a valid will), a limited or urgent grant. We will provide you with a tailored fixed fee proposal if these circumstances apply.  If a renunciation is required because an executor does not want to act or none of the named executors are applying for the grant and letters of administration with the will are required, our fixed fee will increase by $275 inc GST.  Our estate planning packages are for Queensland clients only. Our estate administration and probate packages are for Queensland estates only. In urgent circumstances do you charge a rush fee? It’s always best to have your will and other estate planning documents in place before unexpected circumstances happen. We understand that this isn’t always the case and you might require your will or other estate planning documents on an urgent basis. Because we will prioritise your work, we charge an additional fixed fee of $295 if there is any urgency to your estate planning.    BOOK A FREE CHAT --- ## Legal Support Queensland URL: https://nurturelaw.com.au/wills-and-estate-services/ Type: page Modified: 2026-08-27 Wills and Estate Services At Nurture Law, we offer specialised wills and estate services to help you manage the legal matters that occur after a loved one’s passing. We understand how difficult and complex these situations can be, which is why we’re dedicated to helping make the entire process as simple and stress-free as possible. We offer fixed fees and compassionate care as we help you resolve any estate disputes while keeping the matter out of court. We don’t just provide legal advice, as our goal is to give you clarity and confidence during times of uncertainty. We take the time to explain your options in plain language, ensuring you always know the next step to take. Whether you’re dealing with disputes, needing support with probate, or planning for the future, our team ensures your legal matters are handled with professionalism and empathy. Whether you’re seeking will services or estate services, arrange a consultation with our team by contacting us online, booking a free chat, sending an email to hello@nurturelaw.com.au, or giving us a call on 07 3174 5730. Our Wills and Estate Services Wills and Estate Disputes Disputes over a loved one’s estate can be overwhelming, both emotionally and legally. Whether you’re acting as an executor or a beneficiary, we provide estate services to help guide you through each step of the process. We focus on delivering clear, practical advice to help you work towards a fair resolution with as little stress as possible. Our team takes the time to understand your situation, so you feel supported and informed at every stage. Estate Dispute Lawyer Superannuation Death Benefit Disputes If you’re dissatisfied with how a super fund has chosen to distribute superannuation death benefits or life insurance payouts, we can help. We provide wills and estate services to help you navigate super fund complaint processes and liaise with the Australian Financial Complaints Authority (AFCA) on your behalf. Our goal is to help you challenge decisions and pursue the outcome you deserve. Superannuation Death Benefit Disputes Probate and Estate Administration Being named an executor can feel like a heavy responsibility, especially if you’re unsure where to begin or if the estate is complex. Through our will services, we provide guidance to help you manage the entire process with confidence. From ensuring assets are properly recorded and distributed to making sure the deceased’s wishes are respected, we’ll support you through every stage of estate administration. Estate Administration Lawyer Wills and Estate Planning Brisbane Planning ahead is one of the most important gifts you can give your family. Our wills and estate services include assistance with everything from preparing a simple will to creating a tailored estate plan that protects your family’s future. With a variety of planning packages available, we’ll help you choose the option that best suits your circumstances, giving you peace of mind that your affairs are in order. Estate Planning Lawyers Executor Support Services Acting as an executor can quickly become complicated, with tasks ranging from handling property to distributing assets among beneficiaries. Our estate services are designed to lighten that load. We provide expert guidance to help you fulfill your obligations efficiently and accurately, ensuring the wishes of the deceased are carried out with care. From start to finish, we’ll be by your side to simplify the process and provide peace of mind. Executor Support Services Get Started with Our Wills and Estate Services At Nurture Law, we know that protecting your wishes and creating certainty for your loved ones is about more than dividing assets, it’s about honouring your legacy and life’s journey. That’s why we’re the wills and estate lawyers Brisbane locals turn to for clear guidance, transparent fixed fees, and practical solutions that make navigating wills and estates as straightforward as possible. We Believe That Legal Services Should Be Approachable, Transparent, and Tailored to Your Unique Situation. Our team works with sensitivity and discretion, as we always keep your best interests at the forefront. Whether you need immediate support with a dispute or want to plan for the future, we provide reassurance and expert legal care. When you work with us, you’re choosing a supportive team committed to guiding you through every stage of the legal process. Our dedicated team of Queensland lawyers combine the knowledge and experience of larger firms with the empathy and personal support of a boutique practice. With us, you’ll receive legal expertise and will services delivered with genuine care. To take the first step, call us on 07 3174 5730, send an email to hello@nurturelaw.com.au, contact us online, or book a free chat with our friendly and supportive lawyers. BOOK A FREE CHAT --- ## Book An Appointment URL: https://nurturelaw.com.au/book-an-appointment/ Type: page Modified: 2026-08-21 Book an Appointment Booking an appointment with one of our experienced lawyers is now easier than ever. Using our online booking system, you can choose the type of appointment that best suits you – whether it’s an online consultation, an in-person consultation at our office, a one-hour client meeting, a phone or Zoom call, or a quick ‘Let’s Chat’ session. Simply select the lawyer to take you to their Calendly page, pick the appropriate appointment type and select a convenient time, and confirm your appointment instantly. Take the next step with confidence, knowing support is just a few clicks away. Book Now Kelly Gatehouse – Principal Lawyer Book Now Carrie Payne – Special Counsel Book Now Corey Lee Davies – Senior Associate Book Now Caitlin Littleton – Associate --- ## Wills and Estate Planning URL: https://nurturelaw.com.au/wills-and-estate-planning-brisbane/ Type: page Modified: 2026-08-03 Wills and Estate Planning Brisbane FOR CARING, EXPERT LEGAL SUPPORT IN BRISBANE, LOGAN, IPSWICH AND SURROUNDS Planning for your family’s future We can help you and your family plan for the future, whether that be with a basic will or a comprehensive estate plan, so you can have peace of mind that the suitable arrangements are in place at the right time. Select from a range of packages for wills and estate planning Brisbane wide to suit your needs. How do you know if this support is right for you? You want to make sure your will provides asset protection to beneficiaries and a tax-effective structure   You want to make sure your inheritance is protected if your child is having relationship or financial problems by creating a testamentary trust   You want to leave your estate to a loved one who is a person with a disability and need support setting up a special disability trust and / or protective trust   You need help appointing an enduring power of attorney (someone you trust to handle your affairs if you are unable to when you’re alive)  You need help with providing directions to your healthcare providers in the event you are unable to make decisions for yourself   You want professional wills & estate planning lawyers to review of your superannuation nominations to ensure they align with your estate plan   You want to define how your company or family trust is passed when you’re gone  Want to read up on a little more first? Here are some blogs we’ve written to help:  Do you have an up to date will? Stuck deciding who your executor should be? Pricing Options Once you submit the online questionnaire, we will also send you our fee proposal (information about your rights in relation to our services and the scope of our work). You will see in that document that we do take money in trust (that is then applied to any invoices we issue) before proceeding. Once we have booked a meeting time, we will send you a link for payment. See our FAQs about exclusions that may apply to our estate planning packages. So there are no surprises, we have a range of fixed-fee wills and estate planning Brisbane packages. See our FAQ’s about exclusions that may apply to our packages. Find out more with an obligation-free 15 minutes chat. BOOK A FREE CHAT I love you Suitable if you need a straightforward Will and Enduring Power of Attorney. Most popular with singles and couples with simple asset structures and low risk of dispute. Single $2,000 Couple $2,600 inc GST Strategy and recommendation meeting with lawyer (up to 1.5 hours) Will (not including any Testamentary Trust or complex gifting clauses) Enduring Power of Attorney (financial and personal / health matters) Advance Health Directive Letter of Wishes Recommendations about superannuation death benefit nominations and preparing superannuation death benefit nominations Meeting with you to sign your estate planning documents Electronic copies of your documents for you to keep or give to your executor/s and attorney/s Storage of your estate planning documents in our safe storage Note: Additional services such as urgent work can be quoted separately if required. I LOVE YOU +MORE This package goes beyond a basic Will and Enduring Power of Attorney, with tailored advice and a review of one entity (such as a company, SMSF or family trust) to support effective succession planning. Single $2,700 Couple $3,300 inc GST Everything in ‘I Love You’ package plus: Complex gifting clauses (if necessary) Review of documents associated with your entity (i.e. company, SMSF or family trust ) and recommendations for succession planning (limited to 1 entity) (if necessary) Note: Corporate trustees of a trust or SMSF are included in ‘1 entity’. Additional services such as urgent work, SMSF documentation or entity-specific documents can be quoted separately if required. Complex gifting clauses may include rights to reside, life interests, conditional gifts and protective trusts. I LOVE YOU ULTIMATE Our comprehensive estate planning package, extending beyond the basics to include strategic advice and review of multiple entities for complete alignment of your personal and business affairs. Single $3,680 Couple $4,280 inc GST Everything in ‘I Love You’ package plus: Complex gifting clauses (if necessary) Review of documents associated with your entity (i.e. company, SMSF or family trust ) and recommendations for succession planning (limited to 3 entities) (if necessary) Note: Corporate trustees of a trust or SMSF are included in ‘1 entity’.Additional services such as additional entity review, urgent work, SMSF documentation or entity-specific documents can be quoted separately if required. Complex gifting clauses may include rights to reside, life interests, conditional gifts and protective trusts TESTAMENTARY TRUST Perfect if you want a Testamentary Trust Will to provide greater protection and flexibility, particularly where beneficiaries may be at risk due to relationship or financial circumstances. Single $4,200 Couple $4,800 inc GST Strategy and recommendation meeting with lawyer (up to 1.5 hours) Testamentary Trust Will (not including any complex gifting clauses) Enduring Power of Attorney (financial and personal / health matters) Advance Health Directive Letter of Wishes Recommendations about superannuation death benefit nominations and preparing death benefit nominations for retail and industry superannuation funds Meeting with you to review and sign your estate planning documents Electronic copies of your documents for you to keep or give to your executor/s and attorney/s Storage of your estate planning documents in our safe storage Testamentary Trust +MORE Suitable for those with growing wealth or business interests, combining a Testamentary Trust Will with strategic advice and review of one entity to support succession planning. Single $4,900 Couple $5,500 inc GST Everything in ‘Testamentary Trust’ package plus: Complex gifting clauses (if necessary) Review of documents associated with your entity (i.e. company, SMSF or family trust) and recommendations for succession planning (limited to 1 entity) Note: Corporate trustees of a trust or SMSF are included in ‘1 entity’ Additional services such as urgent work, SMSF documentation or entity-specific documents can be quoted separately if required Complex gifting clauses may include rights to reside, life interests, conditional gifts and protective trusts Testamentary Trust Ultimate A premium estate planning solution for complex structures, including a Testamentary Trust Will, complex gifting provisions and strategic planning across multiple entities. Single $5,880 Couple $6,480 inc GST Everything in ‘Testamentary Trust’ package plus: Complex gifting clauses (if necessary) Review of documents associated with your entities (i.e. company, SMSF or family trust) and recommendations for succession planning (limited to 3 entities) Note: Corporate trustees of a trust or SMSF are included in ‘1 entity’ Additional services such as urgent work, SMSF documentation or entity-specific documents can be quoted separately if required Complex gifting clauses may include rights to reside, life interests, conditional gifts and protective trusts FIND OUT MORE WITH AN OBLIGATION-FREE 15-MINUTE CHAT BOOK A FREE CHAT How it works: Get clarity on what you need by booking a free chat. Get a plan by attending your initial strategy and recommendation meeting with us. Get support. We’ll walk with you through the whole process ahead. BOOK A FREE CHAT THE NURTURE LAW DISTINCTION Wills and Estate Planning Brisbane Big-firm experience, boutique-firm care Our team brings a wealth of experience from top-tier law firms, which means you receive the highest level of legal representation. We combine this expertise with the personalised attention and accessibility of a boutique practice. This means you’ll benefit from our deep knowledge and strategic insights while enjoying a warm and welcoming environment where your concerns are truly heard. Compassionate legal guidance At Nurture Law, we offer more than legal expertise regarding wills & estate planning. Our team provides compassionate support and clear communication, guiding you through the process with empathy and understanding. Together, we’ll create a plan that honours your wishes and safeguards your loved ones. Transparent pricing — no surprises With upfront and honest communication as one of our core values, we offer transparent, fixed-fee pricing for cases on wills and estate planning Brisbane wide. You’ll know exactly what to expect from the start, with no hidden costs or unexpected bills. We aim to provide you peace of mind and financial clarity throughout the process. Technology-driven efficiency At Nurture Law, we embrace technology to streamline the process and enhance your experience. From convenient online estate planning to utilising cloud-based collaboration platforms, we leverage innovative tools to make working with us seamless and efficient. Our focus remains on delivering exceptional results tailored to your unique needs and goals. LET’S CREATE AN ESTATE PLAN THAT REFLECTS YOUR WISHES — TALK TO US TODAY Estate planning is a powerful tool for building a lasting legacy and securing a brighter future for those you care about most. That’s why we take a deeply personal approach, immersing ourselves in your journey and understanding your unique goals and concerns.  Our expert lawyers will craft customised plans that not only protect your assets but also reflect your values and aspirations. With us, you can rest assured your loved ones will be cared for, and your legacy will be preserved long after you’re gone. Talk to us today to speak with our wills and estate planning lawyers by calling 07 3174 5730 or reach out online. Our estate lawyers are ready to work with you to secure your legacy for the people you care about. FAQ for Wills and Estate Planning Brisbane Are there any exclusions to the packages? Our wills and estate planning packages are designed to meet most circumstances. However, if we identify that your circumstances require more than what is included in our estate planning packages (e.g. you require an interpreter, there are concerns about your capacity to make a will or enduring document, or you need to change the way you own a property with someone) we will provide you with a tailored fixed fee.  Our estate planning packages are for Queensland clients only. In urgent circumstances do you charge a rush fee? It’s always best to have your will and estate planning documents in place well before they are needed. However, we understand that sometimes urgent circumstances arise. Where you require your documents to be prioritised and completed within a shorter timeframe than our standard turnaround, an additional fixed fee of $500 will apply. Urgent matters generally include situations where documents are required within 5–7 business days, or where there are health concerns, upcoming travel, or other time-sensitive circumstances. What is estate planning, and why is it important? Estate planning is the process of arranging your affairs so that your assets are distributed according to your wishes after you pass away. It involves creating legal documents like wills, powers of attorney and advance health directives. Estate planning is crucial because it helps avoid family disputes, it protects your loved ones and provides for your future care if you become incapacitated. When should I start thinking about wills and estate planning in Queensland? It’s never too early to start thinking about estate planning. Ideally, you should create or update your will and other estate planning documents when you experience major life events, like divorce, marriage, the birth of a child or a significant change in your financial situation. What are the benefits of seeking professional help for wills and estate planning? While it’s possible to create basic estate planning documents yourself, consulting with a qualified lawyer offers numerous advantages. An experienced lawyer can help you navigate legal issues, tailor your plan to your specific needs, ensure your documents are legally sound and minimise the risk of future disputes. If you’re seeking assistance for wills and estate planning Brisbane wide or nearby areas, Nurture Law is well-equipped to serve you with a compassionate approach. Can I change my will or estate plan after it’s been created? Yes, you can modify your will or estate plan at any time as long as you have the mental capacity to do so. However, it’s recommended that you consult with a lawyer to ensure that any changes are made correctly and legally binding. BOOK A FREE CHAT --- ## Probate and Estate Administration URL: https://nurturelaw.com.au/probate-and-estate-administration/ Type: page Modified: 2026-07-08 Probate and Estate Administration Lawyers Brisbane FOR CARING, EXPERT PROBATE AND ESTATE ADMINISTRATION SUPPORT IN BRISBANE, LOGAN, IPSWICH, AND SURROUNDS, CHOOSE NURTURE LAW. BOOK A FREE CONSULTATION TODAY TO LEARN MORE ABOUT OUR FIXED-FEE WILLS AND PROBATE PACKAGES. DOWNLOAD OUR FREE GUIDE FOR EXECUTORS Have You Been Appointed as an Executor of a Will? Being named as an executor can feel overwhelming. You want to honour your loved one’s wishes, meet every requirement, and ensure assets are handled with care. With a strong understanding of probate and estate administration, our probate lawyers provide step-by-step guidance and explain everything in plain English, so you always know what to do next. Sometimes, things are not straightforward. Maybe there is no will and you don’t know where to begin. Our experienced estate administration lawyers can help you navigate the legal requirements when someone dies without a will, including preparing and lodging an application for a grant of letters of administration. We ensure you understand your options and help you make informed decisions, even when circumstances are unexpected or emotionally challenging. Probate and estate administration in Brisbane involves several responsibilities, and our probate lawyers have extensive experience guiding families through each stage with clarity and compassion. From initial assessments to final distribution, our team ensures every task is handled with attention to detail. If you’re ready to get started with the estate administration lawyers Brisbane clients trust, call 07 3174 5730, email hello@nurturelaw.com.au, or make an enquiry through our online form. Our Probate Lawyers Brisbane Service Being appointed executor of a loved one’s will is a significant responsibility. Our estate administration lawyers offer practical support and reassurance throughout the process, and can help with the following: Complete Probate and Estate Administration Guidance We can help with some or all steps in the process, including communicating with banks and financial institutions, transferring or selling estate property, coordinating tax matters with your accountant, keeping beneficiaries informed, and arranging final distribution of assets. This comprehensive support allows you to manage your duties with ease. Tailored Counsel from Experienced Probate Lawyers Brisbane Worried you’re not meeting every requirement, and want an expert pair of eyes to confidently assess your situation? Our estate administration lawyers bring extensive experience in this area and can identify any necessary adjustments or recommendations to support a smooth and compliant asset distribution process. Preparing and Submitting Important Documents If you need support with applying for probate or letters of administration, our probate lawyers Brisbane team will prepare the required documents and make each step feel more manageable, allowing you to focus on what matters most. We simplify complex paperwork, minimise delays, and keep you updated along the way. Want to Read Up on a Little More First? At Nurture Law, we want to keep things as transparent as possible by providing fantastic resources and articles to help you feel more comfortable and informed throughout the probate and estate administration process. Here are some blogs we’ve written to help: What happens when someone dies without a will? What is probate? Why do I need probate? Why Choose Nurture Law as Your Probate Lawyers Brisbane? Managing the estate administration process can be overwhelming, especially when you’re grieving or managing family expectations. With our estate administration lawyers Brisbane team, you gain structured guidance, practical clarity, and compassionate support. We help you navigate complex processes, explain legal terminology in plain English, handle paperwork on your behalf, and ensure assets are distributed in line with the relevant will and estate laws. This reduces delays and helps prevent disputes among beneficiaries. Our approach centres on compassion, clarity, and support. We offer: A free 15-minute initial consultation Fixed fees with upfront pricing An all-female team focused on care and understanding Clear, jargon-free communication from start to finish Our goal is to give you peace of mind, knowing every step is being handled correctly and respectfully. You can rely on us to communicate promptly, provide updates, and ensure your questions are answered along the way. Whether you need estate administration lawyers in Forest Lake, Eight Mile Plains, or Brookwater, our team is here to guide you with sensitivity and professionalism. BOOK A FREE CHAT Grant of Probate/Letters of Administratin Suitable if you want to handle the estate administration yourself but need a hand with obtaining a grant of probate or letters of administration. . $ 3,300 inc GST (plus expenses of approximately $1,050) Obtaining the original will (if applicable) and death certificate Review of will (if applicable) and death certificate Advising you regarding the appropriate application Preparing all documents required for the application Preparing supporting affidavits Publishing and serving the required notices Arranging execution of the application documents Filing the application with the Supreme Court Responding to routine Court requisitions (if any) Providing you with the sealed Grant and certified copies We handle it Unsure where to begin and don’t have time to handle the estate administration yourself? Or perhaps the estate is complex and you need legal assistance with some or all aspects of the estate administration. $ Fixed Fee Once we’ve met with you, we’ll provide you with a tailored fixed fee quote for us to handle the estate administration to ensure you fulfil your obligations as an executor / administrator. Transmission application Suitable if you need to register an estate property into the name of the executor or administration so they can either sell the deceased person’s property or transfer it to beneficiaries. $ 990-1,265 inc GST depending on if you have a grant of probate or letters of administration (plus expenses of approximately $360) Reviewing title particulars Obtaining original documents required for lodgement Reviewing the death certificate and will (plus probate or letters of administration if obtained) and certifying copies Preparation and signing of Transmission Application Drafting statutory declarations Lodging necessary documents with Titles Queensland Responding to routine requisitions (if any) Providing you with a registration confirmation statement Transmission application to the beneficiary in will Perfect if you’re a beneficiary entitled to a property under a will and want to apply for the property to be transferred to you with the written consent of the executor. $ 1,485 inc GST (plus expenses of approximately $360) Reviewing title particulars Obtaining original documents required for lodgment Reviewing the death certificate and will (plus probate or letters of administration if obtained) and certifying copies Preparation and signing of Transmission Application Preparation of consents/statutory declarations Lodging necessary documents with Titles Queensland Responding to routine requisitions (if any) Providing you with a registration confirmation statement Record of death Appropriate if you own a property as joint tenants with someone who has passed away, and you need to lodge a record of death to get the property into your name. $ 550 inc GST (plus expenses of approximately $180) Reviewing title particulars Reviewing the death certificate and certifying copies Preparing Request to Record Death Lodging necessary document with Titles Queensland Providing you with a registration confirmation statement The Probate Lawyers Brisbane Trusts At Nurture Law, we understand that estate administration requires time, care, and attention to detail. Our experienced probate lawyers handle all legal aspects with professionalism, ensuring a smooth and efficient process from start to finish. If you need tailored legal support, we’re here to support you every step of the way. Call 07 3174 5730, email hello@nurturelaw.com.au, or reach out via our online form to book your free 15-minute consultation with the wills and estate lawyers Brisbane families rely on. FIND OUT MORE WITH AN OBLIGATION-FREE 15-MINUTE CHAT BOOK A FREE CHAT How it works: Get clarity on what you need by booking a free chat. Get a plan by attending your initial strategy and recommendation meeting with us. Get support. We’ll walk with you through the whole process ahead. BOOK A FREE CHAT FAQ When might a deferred fee be implemented? If you have an entitlement to an estate, you won’t have to pay your fixed fees until you receive your entitlement from the estate.   If you are an executor or administrator of an estate, we can defer payment of our fixed fees until assets are received by the estate.   We may ask you to pay money towards expenses such as court filing fees.  Terms and conditions apply and can be provided on request.   Are there any exclusions to the packages? The ‘Just the grant’ and ‘Probate plus’ packages are not suitable for complex applications for a grant such as a grant of a lost will, a grant of an informal will (i.e. a will that doesn’t meet the formal requirements of a valid will), a limited or urgent grant. We will provide you with a tailored fixed fee proposal if these circumstances apply.  If a renunciation is required because an executor does not want to act or none of the named executors are applying for the grant and letters of administration with the will are required, our fixed fee will increase by $275 inc GST.  Our estate administration and probate packages are for Queensland estates only. BOOK A FREE CHAT --- ## Wills and Estate Disputes URL: https://nurturelaw.com.au/wills-and-estate-disputes/ Type: page Modified: 2026-07-07 Wills and Estate Disputes For caring, expert legal support from experienced estate dispute lawyers in Brisbane, Logan, Ipswich and surrounds. Wills and estate disputes can be messy, complex and emotional. Nurture Law is here to ease you through the process. Losing a loved one is difficult enough, let alone having to engage estate lawyers and be involved in wills and estate disputes. No one wants to find themselves in the middle of such situations. Speaking with experienced will dispute lawyers Brisbane residents trust can help you understand your rights early in the process. A will dispute occurs when someone disagrees with the details listed in a deceased person’s will, which can cause delays in the distribution of their assets. Unfortunately, these issues arise more often than you’d think, so seeking advice from a legal professional or speaking with experienced estate dispute lawyers Brisbane recommends is often best. No matter whether you’ve been appointed as an executor (the person responsible for carrying out the wishes of the deceased) or beneficiary (the person who receives assets from the deceased) of a loved one’s will, pursuing professional legal advice with a firm specialising in estate dispute resolution is essential. With more than ten years of experience in wills, estate planning, estate administration, probate and estate disputes, Nurture Law’s will dispute lawyers Brisbane team can help you achieve a fair and just outcome. We’ll help you through the legal process with compassion and make sure you understand every step of the process with clear advice. We understand how emotionally charged estate and will disputes can be, so our team of dedicated estate dispute lawyers Brisbane clients rely on handles your matter with the respect and diplomacy it deserves. Learn more about our estate dispute resolution services and book a free chat with expert dispute lawyers from Nurture Law today. Resolve complex estate matters with Nurture Law. Our will dispute lawyer Brisbane relies on provides expert advice, our full suite of wills and estate services support every stage and our skilled wills and estate lawyers Brisbane recommends ensure your loved one’s wishes are upheld. Get in touch with us by calling 07 3174 5730, emailing hello@nurturelaw.com.au or book a free chat now! Five common reasons wills and estate disputes arise While no two wills and estate disputes are the same, the validity or fairness of the will is usually the subject of contention. Speaking with experienced will dispute lawyers Brisbane clients rely on can help you determine whether your concerns are grounds for a formal challenge. Some of the most common reasons include: Lack of testamentary capacity — A person contesting the will may argue that the deceased could not mentally comprehend the nature and effect of the will and was not in their right state of mind when it was made. Coercion — A will can be challenged if it is believed that the deceased was pressured into making specific requests. This is also known as undue influence. Undue influence occurs when someone uses manipulation or control to get the testator (the person making the will) to act against their true wishes. Speaking with experienced estate dispute lawyers Brisbane families trust can help determine whether coercion may have occurred. Inadequate distribution for dependents — Family members or dependents who were left out of the will or believe they have been inadequately provided for may dispute the will. This typically involves spouses (including de facto spouses), children (including stepchildren) and certain financial dependents who argue that the will did not meet what they are legally entitled to. In these situations, consulting estate dispute lawyers Brisbane locals rely on can help you understand your rights and possible claim options. Errors or discrepancies — A person can contest a will if there is evidence that the will contains mistakes or does not accurately reflect the testator’s true intentions. Fraud — If a will is created or altered through fraud, such as the deceased being tricked into signing a document without understanding what it says or if the signature on the will is forged, it can be challenged. In complex cases like these, consulting will dispute lawyers Brisbane families recommend can ensure your concerns are properly investigated. How we assist you during wills and estate disputes — our three-step process Our experienced wills and estate dispute lawyers strive to resolve conflicts and preserve relationships between parties amicably and collaboratively through the wills and estate disputes resolution. We achieve this through our simple three-step process: Consult — Book a free chat with our will dispute lawyer Brisbane trusts to clarify the type of legal assistance you need. Plan — During your initial strategy and recommendations meeting, our will dispute solicitors will work with you to take steps that meet your objectives and uphold your best interests. Support — As we proceed through your matter, you receive ongoing support and stay updated on the status of your case. How do you know if this support is right for you? You believe you have been treated unfairly in a will or by the rules of intestacy, a situation where speaking with an experienced will dispute lawyer Brisbane residents trust can be especially important. You have concerns about the deceased’s capacity (e.g. they had dementia or cognitive impairment) or whether they were influenced when they made their will You’re an executor or administrator of an estate, someone is making a claim or challenging the will and you want to uphold your loved one’s wishes. You’re a beneficiary dealing with executors who aren’t doing their job You’ve noticed mistakes or ambiguities in a will Promises made by the deceased in their lifetime are not honoured in their will You’re dealing with power of attorneys who have breached their duties You suspect financial abuse of an elderly or vulnerable person You want to achieve an amicable settlement You want to maintain family relationships You want to reduce the impact of legal costs on your inheritance, another area where guidance from a knowledgeable a will dispute lawyer Brisbane relies on can make a meaningful difference. If any of these situations apply to you, speaking with experienced estate dispute lawyers Brisbane locals trust can help you understand your options and protect your interests. Pricing Options Fixed Fees  We offer fixed fees which means our focus is on resolving disputes in an efficient and cost-effective way rather than how many billable hours we can charge. Once we meet with you and get an understanding of your case, we’ll provide you with a tailored fixed-fee proposal for various stages of your claim. This means you know what you will pay from the start and there are no ‘uh-oh moments’ when the bill comes. No Win No Fee* and Deferred Fees Not many people can afford to pay a lawyer but we believe strongly that everyone has the right to access legal services, despite their financial circumstances. In most cases, we’ll act on a No Win No Fee* basis or defer payment of our legal cost to suit your financial circumstance. Want to read up on a little more first? Here are some blogs we’ve written to help: Three ways a will can be challenged Nurture Law — experts in will contests and estate distribution in Queensland Servicing individuals across Brisbane, Forest Lake, Brookwater and Eight Mile Plains, Nurture Law is your experienced partner in dealing with your wills and estate disputes. Our will dispute lawyers Brisbane team aims to resolve your matter in the most efficient and just manner, providing you with clear communication and transparency throughout the entire process. Don’t let a will dispute get in the middle of your family — work with a professional wills and estates lawyer today. For more information about our wills and estate disputes resolution services, please book a free assessment with a member of our team today. Dealing with a contested will or complex estate dispute can be emotionally draining and legally challenging. Nurture Law provides a caring and professional approach, combining the expertise of a will dispute lawyer Brisbane locals trust, our comprehensive wills and estate services, and wills and estate lawyers Brisbane relies on to help you navigate the process, understand your options, and achieve a fair outcome. Contact us by calling 07 3174 5730, emailing hello@nurturelaw.com.au or clicking on the button below to book a free chat! Get a complimentary assessment of your estate claim or dispute. BOOK A FREE CHAT How it works: Get clarity on what you need by booking a free chat. Get a plan by attending your initial strategy and recommendation meeting with us. Get support. We’ll walk with you through the whole process ahead. BOOK A FREE CHAT FAQs About Wills and Estate Disputes When might a deferred fee be implemented? If you have an entitlement to an estate, you won’t have to pay your fixed fees until you receive your entitlement from the estate. If you are an executor or administrator of an estate, we can defer payment of our fixed fees until assets are received by the estate. Our will dispute solicitors may ask you to pay money towards expenses such as court filing fees. Terms and conditions apply and can be provided on request. What’s does No Win No Fee mean? No Win No Fee means that you only pay our fees if you are successful in your estate or superannuation death benefit claim. Sometimes there may be expenses such as court filing fees that will be payable by you whether you are successful or not. Once we’ve assessed your matter, we will tell you what these expenses might be. If you aren’t successful, you may be required to pay your opponent’s legal costs. Our will dispute solicitors do not charge an ‘uplift fee’ or a percentage of the amount you receive from your claim by acting on a No Win No Fee basis. We simply charge our fixed fees which you only pay if you are successful. Terms and conditions apply and can be provided on request. BOOK A FREE CHAT --- ## Nurture Law URL: https://nurturelaw.com.au/ Type: page Modified: 2026-07-07 Wills and Estate Lawyers Brisbane As the caring wills and estate lawyers Brisbane locals trust, we’ll help you avoid and resolve estate disputes so you can focus on what matters most. Wills and Estate Lawyers Brisbane As the caring wills and estate lawyers Brisbane locals trust, we’ll help you avoid and resolve estate disputes so you can focus on what matters most. BOOK A FREE CHAT BOOK A FREE CHAT So, you’ve just lost a loved one… No matter the circumstance, having to deal with all the ‘legal stuff’ that comes with a loved ones passing can be emotionally draining for you and your family. Unexpected legal fees, confusing legal jargon, and trying to keep everyone happy all build stress during a time where you’re simply trying to just keep it all together. That’s why our supportive estate lawyers are here to assist you with all your legal matters during this trying time. At Nurture Law, our mission is to help individuals and families resolve estate disputes out of court with minimal costs. Contact us online, book a free chat, send an email to hello@nurturelaw.com.au, or call us on 07 3174 5730 to discover why we’re the wills and estate lawyers Brisbane turns to during these difficult moments. What You Get from Our Wills and Estate Lawyers Every Time COMPASSION Our caring and sensitive professionals will support you through the legalities of wills and estates. NO LEGAL JARGON We provide plain English that is clear, conversational, and easy to understand. FIXED FEES You’ll receive upfront pricing so there’s no wondering how much the legal bill will rack up to. A RESOLUTION FOCUS Our service is aimed at reducing conflict and, where possible, keeping families out of court. Our Brisbane Wills and Estate Lawyers assist you with Wills and Estate Disputes Wills and Estate Disputes Estate disputes are often messy, complex, and emotional, as losing a loved one is difficult enough even before legal battles surrounding their estate occur. Our estate lawyers are here to ease you through this process, no matter if you’ve been appointed as an executor of their will or as a beneficiary. We’ll help you achieve a fair and just outcome while providing clear and actionable advice throughout every stage of the dispute. READ MORE Superannuation Death Benefit Disputes Superannuation Death Benefit Disputes Unhappy with how a super fund has allocated superannuation death benefits or life insurance to be paid? As the wills and estate lawyers Brisbane residents trust with these matters, we’re experienced with the complaint process of various super funds and the Australian Financial Complaints Authority (AFCA). We’ll help you through the complaints process. READ MORE Probate and Estate Administration Probate and Estate Administration Have you been appointed as an executor of a will? Or maybe there is no will and you don’t know where to start? Sometimes estates can be complex to navigate, which is why our wills and estate lawyers are here to make sure you confidently fulfill your duties as an executor. We’ll ensure you don’t miss a thing and that the deceased’s assets are managed fairly and distributed in line with their wishes. READ MORE Wills and Estate Planning Brisbane Wills and Estate Planning Brisbane Our Brisbane wills and estate lawyers will help you and your family plan for the future, whether that is with a basic will or a comprehensive estate plan. This gives you the peace of mind that suitable arrangements are in place for your family after you pass away. We have a range of wills and estate planning packages available to suit your needs and will work with you to determine the right choice for you and your family. READ MORE Executor Support Services Executor Support Services If you have been chosen as the executor of a will, this is a major responsibility that can easily become daunting as you carry out the last wishes of the deceased. To make this process as easy as possible, we provide executor support services to assist you with your assigned tasks. Whether it is distributing assets to beneficiaries or managing the deceased’s properties, we’ll provide you with expert guidance throughout all these matters. READ MORE How Our Wills and Estate Lawyers Brisbane Service Works Get clarity on what you need by booking a free chat. Get a plan by attending your initial strategy and recommendation meeting with us. Get professional support, as we’ll walk you through the whole process. Not sure where to begin? Simply book a free chat with our estate lawyers and we’ll help you through finding the next steps. BOOK A FREE CHAT Hi, I’m Kelly Gatehouse Principal Lawyer and Director of Nurture Law If there’s one thing that breaks my heart, it’s how overwhelming and hard to navigate estate law can be for people already facing their hardest moments. I’m here to help you. ABOUT ME Facebook-f Instagram Linkedin-in Experience you can trust  Rated 5 out of 5 “I want to thank you for your patience and your determined work ethic. You made a very difficult time easier for me and my husband. We are very pleased that we can now move on with our lives. Thanks again.” “Kelly from Nurture Law dealt with an estate settlement for us and we found her to be very professional and compassionate throughout the whole process. What was a very emotional time for us, she took care of everything, was upfront with her fees and kept us informed. We will be using Nurture Law for future wills and estate planning.” “The probate team at Nurture Law were so helpful and professional in handling probate during our difficult time. The high level of communication and quality advice, to help sort our probate, needs made the process very streamlined. I would highly recommend them for all probate requirements.” “Fantastic experience with Kelly from Nurture Law in preparing our wills and POAs. Her work is highly professional and she explained everything every step of the way which gave us peace of mind that we were in safe hands. The wills and POA documents were the best I’ve ever seen and covered a broad range of areas. We will be using her for all our Wills and estate needs from now on. Highly recommend.” POPULAR ON THE BLOG: Why Testamentary Trusts Are Still One of the Most Powerful Estate Planning Tools May 21, 2026 There has been a lot of discussion recently about the Federal Government’s proposed tax changes for discretionary trusts, including Testamentary Trusts. Unsurprisingly, many people are now asking whether Testamentary Trusts are still worth including in their wills. The short answer? Absolutely. While tax planning has always been one benefit of a Testamentary Trust, it has never been the only reason (or even the most important reason) families choose to use them. At their core, Testamentary Trusts are about protection. What Is a Testamentary Trust? A Testamentary Trust is a trust created under your will that only comes into effect after you … READ MORE → Estate Planning for Blended Families: Why It’s Not One-Size-Fits-All May 14, 2026 Blended families are increasingly common, but when it comes to estate planning, they bring a level of complexity that a simple Will often can’t address. If you have a spouse and children from a previous relationship, you’re not just deciding who gets what. You’re balancing competing priorities, protecting relationships, and trying to reduce the risk of future conflict. And without the right structure in place, even well-intentioned plans can unravel. The Real Challenge: Competing Priorities Most people in blended families want to: Provide for their current spouse Protect their children from a previous relationship Treat everyone fairly (even if not equally) … READ MORE → Who Is Entitled to a Copy of a Will in Queensland? May 14, 2026 When someone passes away, it’s common for family members and loved ones to want clarity about the contents of the will. But in Queensland, not everyone automatically has the right to see it. Understanding who is entitled to a copy of a will, and when, can help avoid confusion, conflict, and unnecessary stress during an already difficult time. Before Probate: Who Can Access the Will? Before a Grant of Probate is issued by the Supreme Court of Queensland, the will is a private document. This means there is no general right for just anyone to see it. However, Queensland law (specifically … READ MORE → Yes! You’re in the right place if… You want to reduce the impact of legal costs on your inheritance You want to know how much your legal bills will be from the start You want an experienced and caring lawyer to make sure all the legal stuff is sorted out after your loved one has passed away You want to achieve an amicable settlement You want to make a claim on an estate or defend a claim You want to maintain family relationships You want to make a will so you can have peace of mind that suitable arrangements are in place Your family or financial circumstances are complex and you need a comprehensive estate plan LEGAL SUPPORT CONTACT KELLY Your Legacy Deserves Compassionate Planning So Connect with the Wills and Estate Lawyers Brisbane Trusts Today At Nurture Law, we understand how important it is to preserve your wishes and secure a smooth transition for your loved ones. After all, your legacy is more than just assets, it’s a reflection of your life’s journey. Through our comprehensive wills and estate services, you’ll receive practical advice, fixed fees, and modern solutions to guide you through the nuances of wills, estates, and elder law. Our all-female team of Queensland lawyers blend big-firm expertise with the caring touch of a boutique practice, ensuring you receive expert legal assistance with the utmost compassion. If you’re ready to get started, give us a call on 07 3174 5730, send an email to hello@nurturelaw.com.au, contact us online, or book a free chat with our expert lawyers. FAQs Why should I choose Nurture Law as my Queensland wills lawyer? We understand that creating a will is a deeply personal decision, and you deserve more than one-size-fits-all solutions or impersonal legal jargon. Our Queensland wills lawyers guide you with empathy and expertise so your wishes are clearly documented and your loved ones are protected. We offer modern solutions, such as secure online estate planning tools and clear, jargon-free advice, to make the process more accessible and understandable for you. Do I need a lawyer to write my will in Queensland? While it’s possible to write your own will in Queensland, it’s highly recommended that you seek professional legal assistance. Estate law can be quite complex, and even minor errors can have significant consequences for your loved ones. Nurture Law’s experienced Queensland estate lawyers can guide you through the process, ensuring your will is comprehensive, legally sound and tailored to your specific wishes. We go out of our way to understand your unique circumstances and goals, offering personalised advice and support every step of the way. When do I need to apply for probate in Queensland? Probate is not always required in Queensland, but it’s often necessary when dealing with specific assets. Probate also provides certain protections to executors. If you’re unsure whether you need to apply for probate, our experienced Estate Administration Lawyers can assess your situation and help you apply for probate if necessary. We’ll explain the legal requirements, help you gather the required documentation and ensure the process is as smooth as possible. How can a lawyer help me in an estate dispute in Queensland? Estate disputes can arise from various situations, including challenges to the will’s validity, disagreements among beneficiaries or claims for further provision from the estate. These disputes can be not only emotionally charged but also legally complex, which is why it’s crucial to have experienced legal guidance. A lawyer can assess your legal options, negotiate on your behalf and, if needed, represent your interests in court. At Nurture Law, our experienced estate dispute lawyers will strive to resolve conflicts through collaborative and amicable means, preserving relationships whenever possible. Nevertheless, we are committed to fighting for your rights with expertise if litigation becomes necessary. Can I update my will after it’s been written? Absolutely! You can update your will at any time to reflect new circumstances, such as marriage, divorce, the birth of children or changes in your assets. We recommend reviewing your will regularly to ensure it aligns with your current wishes and needs. Nurture Law’s Queensland lawyers can offer guidance in making amendments or creating a new will altogether. What happens if I die without a will in Queensland? If someone dies without a will in Queensland, their estate is distributed according to intestacy laws, which determine who is entitled to inherit, with priority typically given to spouses, children and other close relatives. However, the distribution may not reflect the deceased person’s true wishes, and it can lead to family disputes. To avoid unnecessary complications and ensure your loved ones are taken care of according to your intentions, make sure you have a valid will in place. Our seasoned Queensland wills lawyers can help you create a will to provide clarity to your loved ones after you’re gone. --- ## Support for Executors URL: https://nurturelaw.com.au/executor-support-services/ Type: page Modified: 2026-07-02 Executor Support Services FOR CARING, EXPERT EXECUTOR SERVICES IN BRISBANE, LOGAN, IPSWICH, AND SURROUNDS. Executor Support to Help You Carry Out Your Duties with Confidence Taking on the role of an executor is both an honour and a major responsibility, but it can also feel overwhelming. Our executor support services are designed to help you navigate every stage of the process with clarity, care, and confidence. From applying for probate to distributing assets and communicating with beneficiaries, we’ll make sure you understand your obligations and carry them out correctly. We offer professional executor services focused on compassion, transparency, and practical advice. We understand that managing an estate involves more than ticking boxes, it’s about protecting relationships, honouring wishes, and ensuring the process is handled with sensitivity and respect. If you’re ready to work with the wills and estate lawyers Brisbane clients trust, call 07 3174 5730, email hello@nurturelaw.com.au, or reach out through our online form to get started. How do you know if this support is right for you? You may benefit from our executor support if any of the following apply: You’ve been appointed as an executor and don’t know where to start You need help applying for probate or letters of administration You’re managing complex assets, properties, or debts within the estate You want to reduce the risk of family conflict or disputes You’d like to ensure your legal responsibilities are fully met You want clear, fixed-fee guidance without unexpected costs Our executor support services are here to make sure you can fulfill your role confidently, while keeping the process smooth, efficient, and stress-free. Whether you’re handling a small estate or a complex one with multiple beneficiaries, we’ll help you stay organised and supported from start to finish. Pricing Options We offer fixed-fee executor services so you can focus on managing your loved one’s estate without worrying about mounting legal bills. Once we meet with you and understand your situation, we’ll provide a tailored fixed-fee proposal outlining each stage of your matter, from probate applications to final distribution. This means you’ll know what you’ll pay upfront for our executor support and can avoid any unwelcome surprises along the way. Deferred Fees If you’re an executor or beneficiary who will receive funds from the estate, we can consider a deferred payment of your fixed fees until those funds are released. This ensures access to quality executor support services regardless of your current financial situation. We believe everyone deserves professional guidance during this time, so we’ll always find a payment arrangement that suits your circumstances. Our goal is to make expert executor services accessible to everyone, no matter your financial situation or the size of the estate. Want to understand more about your role as an executor? Here are some helpful resources you may like to explore: Your Role as an Executor: What to Focus on Immediately After a Death Navigating Estate Administration – “Life, Loss and Legacy” Podcast These articles provide simple, step-by-step explanations to help you prepare for your responsibilities. Get Assistance with Executor Duties BOOK A FREE CHAT How it works: Book a free chat to discuss your role and immediate next steps. Attend an initial strategy meeting where we’ll outline your legal options and fixed-fee proposal. We’ll guide you through each stage of the process, helping you meet your obligations and finalise the estate effectively. BOOK A FREE CHAT FAQ When can deferred fees be arranged? If you have an entitlement to an estate, your fixed fees can be deferred until you receive your inheritance. For executors, we can often delay payment until funds are available in the estate account. Out-of-pocket expenses like court filing fees may still apply. What’s included in your executor services? Our executor support services cover everything from applying for probate and collecting assets to paying debts and distributing the estate. We’ll tailor our service to match your situation, whether the estate is straightforward or complex. How long does the process take? Most estates take between six to twelve months to finalise, depending on complexity. We’ll provide a realistic timeline upfront, so you know what to expect. Do you offer help if I no longer want to act as an executor? Yes. If you decide you can’t take on the role, we can assist with preparing a renunciation and advising on next steps for appointing an alternative executor or administration. BOOK A FREE CHAT Trusted Executor Support You Can Rely On At Nurture Law, we combine professional legal expertise with compassion and understanding. Our executor support services are designed to give you the structure, guidance, and confidence you need to carry out your duties and protect your loved one’s legacy. Call 07 3174 5730, email hello@nurturelaw.com.au, or contact us via our online form to book your free chat with our all-female team of wills and estate lawyers. BOOK A FREE CHAT --- ## Kelly Gatehouse URL: https://nurturelaw.com.au/kelly-gatehouse/ Type: page Modified: 2026-07-01 Kelly Gatehouse BOOK A FREE CHAT Hi, I’m Kelly Gatehouse Principal Lawyer and Director of Nurture Law I’m a wife, mum and step-mum, and the founder of Nurture Law. I started this firm to change the way people experience estate law—clear, compassionate, and modern. After years of working in top-tier firms and being recognised as a leading estate lawyer in Australia, I wanted to build something that puts people first, grounded in kindness, integrity and open communication—including about pricing. Growing up in a small family business taught me the importance of legacy. Helping clients protect theirs is at the heart of everything I do. When I’m not practicing law, you’ll usually find me camping, travelling, or spending time with my family. Qualifications and awards With over 10 years of experience working in wills, estate planning, estate administration, probate and estate disputes, I can certainly help you with ease. Postgraduate specialisation – Master of Laws (Majoring in Wills and Estates). Recognised Trust and Estate Practitioner (TEP) by the Society of Trust and Estate Practitioners (STEP). Six years as a committee member of the STEP Queensland Branch. Recognised in The Best Lawyers™ in Australia for Trusts and Estates (2020-2026). A Finalist in the 2025 Women In Law Awards – Partner of The Year Small Law Firm Recognised as a leading Queensland Wills and Estate Litigation Lawyer Nurture Laws has been Recognised as a leading Wills & Estates Litigation Law Firm in Queensland Nurture Laws has been Recognised as a leading Wills, Estate & Succession Law Firm in Queensland Winner of the 2025 Bx Business xCellence Awards in the Category of Legal Services A Finalist in the 2025 Connecting Lawery Mums Inspire Awards in the Category of Excellence A Finalist in the 2025 Australian Professionals Small Business Champion Awards in the Category of Legal Services Bronze Winner – 2025 Aus Mumpreneur Awards in the Category of Legal Services A Finalist in the 2025 Local Business Awards Brisbane City Membership  As seen in… Helping people in difficult times READ MORE Partnership or sole proprietorship? READ MORE A 60-second interview with Kelly Gatehouse READ MORE Kelly Gatehouse joins Mathew walker, discussing ways of protecting your estate during separation and divorce LISTEN NOW kelly Gatehouse & Jordan Vaka discuss Estate Administration LISTEN NOW kelly Gatehouse & Rachael karlyl, Am i successful yet? a deep dive career evolution LISTEN NOW As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Contact URL: https://nurturelaw.com.au/contact/ Type: page Modified: 2026-06-28 Connect with Caring Support Wills and Estate Lawyers Want to chat with us to discuss how we can help you with your next steps? BOOK A FREE CHAT 07 3174 5730 hello@nurturelaw.com.au BrisbaneLevel 18, 333 Ann Street, Brisbane QLD 4000 (By appointment only) Forest LakeUnit 4, 3 The Esplanade, Forest Lake QLD 4078 (By appointment only) PO Box 4307, Forest Lake QLD 4078 If you prefer, please leave your details and we’ll contact you. If you contact us through our website, we will collect the personal information you provide so that we can respond to your enquiry, assess whether we can assist you and, where appropriate, provide legal services. We ask that you do not send highly sensitive or confidential information through our website. --- ## Privacy Policy URL: https://nurturelaw.com.au/privacy-policy/ Type: page Modified: 2026-06-28 Privacy Policy Version: 2.0Effective Date: 28 June 2026Last Reviewed: 28 June 2026Next Review: 28 June 2027 Introduction At Nurture Law, we understand that our clients entrust us with highly personal and confidential information at some of the most important times in their lives. Whether we are assisting you with estate planning, administering the estate of a loved one, resolving an estate dispute or providing other legal services, protecting your privacy is fundamental to the way we practise. We are committed to handling personal information responsibly, securely and transparently. We recognise the importance of maintaining the confidentiality of the information you provide to us, including information that is protected by legal professional privilege and our professional duties of confidentiality. This Privacy Policy explains how Nurture Law Pty Ltd (“Nurture Law”, “we”, “our” or “us”) collects, holds, uses, discloses and otherwise manages personal information in accordance with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs). It also explains how you may access or request correction of your personal information, how you may make a privacy complaint and how we will deal with any concerns you raise. Who We Are Nurture Law is an Australian law practice specialising in wills and estates law, including estate planning, estate administration, estate litigation, elder law and related legal services. In providing our services, we collect and manage personal information about our clients, prospective clients, employees, contractors, suppliers and other individuals connected with the legal matters in which we are engaged. Our Privacy Officer is responsible for overseeing compliance with this Privacy Policy and our obligations under the Privacy Act. Our Commitment to Privacy We are committed to protecting your privacy and ensuring that your personal information is handled lawfully and respectfully. We will: only collect personal information that is reasonably necessary for our legal practice and related activities; collect personal information by lawful and fair means; be transparent about how we collect, use and disclose your personal information; protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure; take reasonable steps to ensure the personal information we hold is accurate, up to date and complete; securely destroy or de-identify personal information when it is no longer required and we are not required by law to retain it; respond promptly to requests for access or correction; and investigate and respond to privacy complaints fairly and efficiently. What Personal Information We Collect The personal information we collect will depend on the legal services we provide and our relationship with you. The types of personal information we may collect include: Identity and Contact Information full name; date of birth; residential, postal and email addresses; telephone numbers; occupation and employment details; signatures. Identification Information Where required, including to comply with our legal and regulatory obligations, we may collect information used to verify your identity, such as: driver’s licence details; passport details; Medicare card details; birth certificate details; other government-issued identification; verification information obtained through electronic verification providers. Where possible and appropriate, we seek to minimise the collection and retention of copies of identification documents and instead retain only the verification information required by law. Financial Information Depending on the legal services we provide, we may collect: bank account details; payment information; trust account information; taxation information; superannuation information; information relating to companies, trusts and other entities. Sensitive Information Some legal matters require us to collect sensitive information as defined by the Privacy Act. This may include information about: health; disability; family relationships; racial or ethnic origin where relevant to legal proceedings; other sensitive information necessary to provide legal services. We will generally only collect sensitive information with your consent or where otherwise authorised or required by law. Information Relating to Legal Matters As part of providing legal services, we may collect information relating to: estate planning; deceased estates; trusts; companies; powers of attorney; advance health directives; estate disputes; court proceedings; beneficiaries; executors; attorneys; trustees; financial circumstances; family circumstances; other matters relevant to the legal services we provide. Employment Information If you apply for employment or work with us, we may collect information relevant to recruitment and employment, including qualifications, employment history, referee details and information necessary to administer the employment relationship. How We Collect Personal Information We generally collect personal information directly from you when you: contact us by telephone, email or through our website; make an enquiry or arrange an appointment; engage us to provide legal services; complete client questionnaires, forms or identity verification processes; provide instructions or documentation to us; communicate with us throughout your matter; or apply for employment with us. In some circumstances, we may collect personal information from other people or organisations where it is lawful and reasonably necessary to do so. This may include collecting information from: your authorised representative, attorney or guardian; executors, trustees or beneficiaries; family members (where appropriate to the legal services being provided); accountants, financial advisers and other professional advisers; medical practitioners or other health professionals (with your authority or as otherwise permitted by law); government agencies; courts and tribunals; publicly available registers; identity verification providers; or other third parties authorised by you or otherwise permitted by law. Where it is reasonable and practicable, we will collect personal information directly from the individual concerned. Why We Collect Personal Information We collect, hold, use and disclose personal information so that we can: provide legal advice and legal services; verify your identity where required; communicate with you and others involved in your legal matter; prepare legal documents; administer estates and trusts; conduct litigation and dispute resolution; manage trust account transactions; comply with our legal, regulatory and professional obligations; manage our business operations; recruit and manage employees; and improve our services. We will generally only use or disclose your personal information for the purpose for which it was collected or for another purpose that is related, reasonably expected or otherwise authorised or required by law. AML/CTF and Identity Verification From 1 July 2026, Australian law requires legal practices providing certain designated services to comply with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth). Where those obligations apply, we may be required to collect, verify and retain personal information to: identify and verify our clients and, where relevant, beneficial owners and controlling persons; assess money laundering and terrorism financing risks; conduct customer due diligence and ongoing customer due diligence; comply with our reporting and record-keeping obligations; and otherwise comply with applicable AML/CTF legislation. In many cases, we will verify your identity electronically using reputable identity verification providers. Where permitted by law, we seek to minimise the collection and retention of copies of identification documents and instead retain the verification information necessary to demonstrate compliance. However, in some circumstances another law, regulatory requirement or professional obligation may require us to retain copies of identification documents. If you do not provide information that we are legally required to collect, we may be unable to provide certain legal services. Legal Professional Privilege and Confidentiality As a law practice, much of the information you provide to us is confidential and may also be protected by legal professional privilege. Legal professional privilege is an important legal protection that preserves the confidentiality of communications between a lawyer and client made for the dominant purpose of obtaining or providing legal advice or for use in existing or anticipated legal proceedings. We take reasonable steps to preserve the confidentiality of privileged information and only disclose such information where authorised by you, required or permitted by law, or otherwise consistent with our professional obligations. Disclosure of Personal Information We may disclose personal information where reasonably necessary to provide legal services or where required or authorised by law. Depending on your matter, this may include disclosure to: courts and tribunals; government agencies; AUSTRAC; the Office of the Australian Information Commissioner; law enforcement agencies; barristers; expert witnesses; accountants; financial advisers; banks and financial institutions; identity verification providers; information technology providers; cloud service providers; document storage providers; process servers; other parties involved in your legal matter; and other persons or organisations where you have authorised the disclosure or where disclosure is otherwise permitted or required by law. We take reasonable steps to ensure that third parties handling personal information on our behalf are subject to appropriate contractual and security obligations. Overseas Disclosure of Personal Information Nurture Law uses a number of reputable third-party service providers to assist us in delivering legal services and operating our business. These providers may store, process or access personal information on our behalf. As a result, personal information may be disclosed to, stored in or accessed from countries outside Australia. Depending on the service provider and the services used, this may include Australia, the United States, Ireland, Singapore, New Zealand, Canada and countries within the European Union. Examples of technology providers we use include providers of cloud-based practice management, email and document management systems, electronic signature platforms, online forms, accounting software, customer relationship management systems and video conferencing services. Before disclosing personal information to an overseas recipient, we take reasonable steps to ensure that appropriate contractual, technical and organisational safeguards are in place, or that another exception under the Privacy Act 1988 (Cth) applies. As our technology providers and their infrastructure may change from time to time, the countries in which personal information is processed or stored may also change. Website, Cookies and Analytics When you visit our website, we may automatically collect limited technical information, including your IP address, browser type, device information, pages visited and the date and time of your visit. Our website may use cookies and similar technologies to improve website functionality, understand website usage and enhance your experience. Most web browsers allow you to manage or disable cookies through your browser settings. However, disabling cookies may affect the functionality of our website. Our website may also use analytics services to help us understand how visitors use our website. Information collected for analytics purposes is generally aggregated and does not identify you personally. Marketing Communications Where permitted by law, we may send you information about our legal services, seminars, newsletters or other updates that we believe may be of interest. You may opt out of receiving marketing communications at any time by using the unsubscribe facility provided or by contacting us directly. We do not sell or rent your personal information to third parties for marketing purposes. Information Security Protecting the security of your personal information is a priority for Nurture Law. We maintain administrative, physical and technical safeguards designed to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Our security measures include, where appropriate: role-based access controls; multi-factor authentication; secure cloud-based systems; encryption and secure transmission technologies; information security policies and procedures; cyber security monitoring; managed information technology services; staff privacy and cyber security training; and secure document storage and destruction practices. While we take reasonable steps to protect personal information, no method of electronic transmission or storage is completely secure. Accordingly, we cannot guarantee the absolute security of information. Data Breaches Nurture Law maintains a Cyber Security & Data Breach Response Plan to assist us in preparing for, responding to and recovering from cyber security incidents and data breaches. Where we become aware of a suspected data breach, we will investigate the incident promptly and take reasonable steps to contain and mitigate any risks. Where required under the Privacy Act 1988 (Cth), we will notify affected individuals and the Office of the Australian Information Commissioner in accordance with the Notifiable Data Breaches Scheme. Retention of Personal Information We retain personal information only for as long as it is reasonably required for the purposes for which it was collected, to comply with legal or regulatory obligations, resolve disputes or enforce our legal rights. Retention periods vary depending on the nature of the information and the legal services provided. Certain records, including information collected for AML/CTF purposes, trust account records and client file records, may be required by law to be retained for specified minimum periods. When personal information is no longer required and we are not required or authorised by law to retain it, we will take reasonable steps to securely destroy or permanently de-identify the information. Accessing and Correcting Your Personal Information You may request access to, or correction of, the personal information we hold about you by contacting our Privacy Officer. We will respond to requests within a reasonable period and in accordance with the Privacy Act. In some circumstances, we may lawfully refuse access, including where legal professional privilege applies or another exception under the Privacy Act is available. Where appropriate, we will explain the reasons for our decision. Links to Third-Party Websites Our website may contain links to third-party websites, applications or online services for your convenience or information. Once you leave our website, any personal information you provide to a third-party website will be governed by that website’s own privacy policy and terms of use. Nurture Law does not control, endorse or accept responsibility for the privacy practices, content or security of third-party websites. We encourage you to review the privacy policy of any third-party website you visit before providing your personal information. Links to third-party websites do not constitute an endorsement by Nurture Law of those websites, their operators or the products or services they offer. Privacy Complaints If you believe we have breached your privacy or have not handled your personal information in accordance with the Privacy Act, you may lodge a complaint with our Privacy Officer. Complaints should be made in writing and include sufficient information to enable us to investigate the matter. We will acknowledge your complaint, investigate the issues raised and endeavour to provide a written response within 30 days. If you are not satisfied with our response, you may make a complaint to the Office of the Australian Information Commissioner. Office of the Australian Information Commissioner Website: www.oaic.gov.au Telephone: 1300 363 992 Contact Us Privacy Officer Nurture Law Pty Ltd Telephone: 07 3174 5730 Email: hello@nurturelaw.com.au Changes to this Privacy Policy We may amend this Privacy Policy from time to time to reflect changes in our legal obligations, business practices, technology or the services we provide. The current version of this Privacy Policy will always be available on our website. We encourage you to review this Privacy Policy periodically to remain informed about how we manage your personal information.   --- ## Work With Us URL: https://nurturelaw.com.au/work-with-us/ Type: page Modified: 2026-06-26 Join our growing team At Nurture Law, we believe that a fulfilling career goes beyond the legal work—it’s about being part of a supportive team that genuinely cares for its clients and each other. We are committed to creating a positive, flexible, and inclusive workplace where everyone can thrive and contribute their unique skills. Our team values empathy, integrity, and dedication to exceptional client service, and we seek individuals who share these values. As a small, dynamic firm, we embrace innovation and prioritise a balanced work environment. Here, you won’t find billable hour targets or rigid structures, instead, we offer flexibility, meaningful client relationships, and a collaborative atmosphere. Each role is designed to give you the space to grow professionally and personally, surrounded by a team that values your contributions. Whether you’re an experienced lawyer or just starting your legal career, joining Nurture Law means being part of a team dedicated to making a real difference in people’s lives. Learn more about the values and benefits of working with us. Together, let’s create a legacy of compassionate and client-centered legal support. View Current Vacancies Click here Why you’ll love working with us: 1. Work-Life Balance We prioritise flexibility and understand the importance of balancing career and personal life. Enjoy flexible hours, work-from-home options, and family-friendly policies that support your lifestyle. 2. Supportive Team Environment Join a collaborative, all-female team that values integrity, empathy, and professionalism. We foster a positive and inclusive culture where everyone is encouraged to contribute and grow. 3. Career Growth and Mentorship At Nurture Law, your professional development is a priority. Benefit from regular mentoring sessions with experienced leaders, including our founding principal, Kelly Gatehouse, a recognised expert in succession law. 4. No Timesheets Forget about the stress of time recording. We operate on a fixed-fee basis wherever possible, giving you the freedom to focus on delivering exceptional service to clients without the pressure of billable hours. 5. Innovative and Technology-Enabled We embrace technology to make legal processes smoother for both our clients and staff. Enjoy a modern, tech-enabled work environment that simplifies your day-to-day tasks, whether you’re in the office or working remotely. SUPPORT STAFF – APPLY NOW LAWYERS – APPLY NOW Reach out for a confidential chat with our Principal Lawyer, Kelly Gatehouse BOOK A CHAT TODAY --- ## Senior Estate Litigation Lawyer (Full-Time) URL: https://nurturelaw.com.au/current-vacancies-senior-estate-litigation/ Type: page Modified: 2026-06-26 Senior Estate Litigation Lawyer – Full-Time) Apply Now A new financial year can be the perfect time for a new chapter. If you’re an experienced Estate Litigation Lawyer looking to take the next step in your career in a dynamic, supportive environment – where you can lead, mentor and bring fresh ideas – we’d love to meet you. Who We Are Nurture Law is a modern, tech-enabled boutique law firm specialising in Wills and Estates. Our vision is to do law differently – by combining high-quality legal expertise with genuine care, collaboration, and innovation. Led by our principal, Kelly Gatehouse – an award-winning, recognised leader in succession law – Nurture Law is built on strong values: Kindness, Clarity, Flexibility, Innovation and Consistency. We act in complex and emotionally sensitive matters and pride ourselves on combining high-level legal expertise with modern, flexible ways of working. Why You’ll Love Working With Us Quality Work, Quality Clients: We focus on succession law, working with clients who align with our values and mission. No Timesheets: That’s right—no more time recording! We operate on a fixed-fee model wherever possible, freeing you up to focus on delivering great outcomes. Innovative & Tech-Enabled: We embrace technology to simplify processes, enhance client service, and empower our team. Flexible, Family-Friendly: We value work-life balance and offer flexible hours and work-from-home options. Supportive Growth: You’ll receive regular mentoring and professional development opportunities to help you thrive. The Role:  We are seeking an experienced Estate Litigation Lawyer to join our growing team in a key role supporting our award-winning estate disputes practice. This role will suit a lawyer with solid experience in estate litigation who is looking to take the next step in their career within a specialised succession law firm. While years of post-admission experience are relevant, our focus is on capability, sound judgment, initiative and cultural fit. You will work closely with our Principal, Kelly Gatehouse, who is recognised in Doyle’s Guide and Best Lawyers Australia for her expertise in succession law. You will have the opportunity to manage your own files, contribute to strategy on complex matters, mentor junior team members and help shape the future growth of our litigation practice. This is an ideal opportunity for a lawyer who enjoys challenging legal issues, strategic thinking, advocacy, negotiation and achieving meaningful outcomes for clients during difficult and often emotionally charged circumstances. Location and Flexibility  Nurture Law has offices in Forest Lake and Brisbane, with our head office based in Forest Lake. This role can be based out of either office, with the flexibility to work across both locations and hybrid from home. We are committed to flexible working arrangements and are open to discussing what will work best for the right candidate and the needs of the role. Your Responsibilities Will Include: Managing a broad range of estate litigation matters, including family provision applications, solemn form proceedings, contested grants, disputes concerning the validity, construction and rectification of wills, removal of executors and administrators, equitable claims and other succession law disputes. Providing strategic advice to clients regarding litigation risks, prospects and resolution pathways. Conducting negotiations and participating in mediations with a view to achieving commercial and relationship-focused outcomes where appropriate. Drafting pleadings, affidavits, applications, submissions and correspondence. Appearing in Court and briefing counsel where required. Working collaboratively with senior lawyers, paralegals and support staff to deliver exceptional client service. Mentoring and supporting junior team members. Bringing innovative ideas to improve legal processes and enhance client experience. Contributing to the ongoing development and improvement of our estate litigation systems, precedents and client experience. Building and maintaining strong relationships with referrers and professional networks. Contribute to a positive, flexible and values-aligned team culture About You Demonstrated experience managing estate litigation matters with increasing autonomy and responsibility. Strong technical knowledge of succession law and civil litigation practice and procedure. Excellent drafting, negotiation and advocacy skills. Confidence in managing client relationships and providing practical, commercially minded advice. The ability to navigate emotionally sensitive disputes with empathy, professionalism and sound judgment. A collaborative and solutions-focused approach that aligns with our values. A willingness to mentor and support less experienced team members. Comfortable embracing new technology and driving innovation in legal practice. A genuine passion for succession law and helping clients navigate some of life’s most challenging circumstances. Perks & Benefits Competitive salary and benefits package. Flexible working arrangements, including work-from-home options. No timesheets or billable hour targets. Birthday leave plus 3 gifted leave days each year. Regular team strategy and planning days. A positive, supportive, and fun team culture. Opportunities for career progression and leadership within the firm. Ready to Join Us? If this sounds like the opportunity you’ve been looking for, we’d love to hear from you! Please complete our online questionnaire, where you can upload your resume and a cover letter. Apply now and help us build a better future for clients and our team.   Apply Now --- ## Cara Hammond URL: https://nurturelaw.com.au/cara-hammond/ Type: page Modified: 2026-06-16 Cara Hammond Meet, Cara Hammond Paralegal Cara is a highly experienced paralegal who brings warmth, efficiency and exceptional organisation to every client matter. With over 10 years’ experience in wills and estates, she supports the Nurture Law team with estate administration and  estate planning. She holds a Bachelor of Legal and Justice Studies and is a Justice of the Peace (Qual.). Known for her calm approach and meticulous attention to detail, Cara is dedicated to helping clients feel supported throughout their legal journey. Outside of work, Cara enjoys keeping busy with family life.  --- ## Lana Carter URL: https://nurturelaw.com.au/lana-carter/ Type: page Modified: 2026-06-16 Lana Carter BOOK A FREE CHAT Meet, Lana Carter Senior Associate Lana Carter is a dedicated member of the Nurture Law team, known for her calm, compassionate approach and commitment to supporting clients through every stage of their legal journey. She works primarily in the firm’s Estate Planning practice, helping clients put in place clear, practical arrangements to protect themselves and their loved ones. Lana was admitted as a Barrister and Solicitor of the High Court of New Zealand in 2010, where she began her legal career in Wellington. In 2012, she relocated to Brisbane and was admitted as a Legal Practitioner in the Supreme Court of Queensland. As a wife and mother, Lana brings a genuine understanding of the importance of family, which underpins her empathetic and client-focused approach. She is passionate about helping clients feel supported, informed, and at ease during what can often be challenging times. Lana’s professionalism, attention to detail, and caring nature reflect Nurture Law’s values of empathy, integrity, and personalised service.   Membership  As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Erin Eaton URL: https://nurturelaw.com.au/erin-eaton/ Type: page Modified: 2026-06-16 Meet, Erin Eaton Operations Manager Erin has worked in the legal industry for over 15 years within the practice areas of personal injuries, employment, wills and estates. Erin has gained valuable knowledge of the day to day running of busy law firms during her many years as a Senior Legal Assistant and obtaining her Diploma in Legal Services. Erin works closely with the team to assist with client matters and the day to day operation of Nurture Law. --- ## Emily Harris URL: https://nurturelaw.com.au/emily-harris/ Type: page Modified: 2026-06-16 Meet, Emily Harris Receptionist / administration assistant Emily Harris is a highly organised and approachable Reception and Administration Assistant who plays an integral role in keeping our office running smoothly. She brings a strong background in legal administration and client service, with experience supporting teams through document preparation, matter coordination and day-to-day office operations. Emily is often the first point of contact for our clients, and she takes pride in creating a welcoming and professional experience for everyone who engages with our firm. Her attention to detail, proactive approach and ability to manage competing priorities ensure that both our team and our clients are well supported at every stage. With a genuine passion for helping others and a commitment to accuracy and efficiency, Emily contributes to the seamless delivery of our services and the warm, client-focused environment Nurture Law is known for.   --- ## Carrie Payne URL: https://nurturelaw.com.au/carrie-payne/ Type: page Modified: 2026-06-16 Carrie Payne BOOK A FREE CHAT Meet, Carrie Payne Special counsel (Consultant) Carrie is Special Counsel at Nurture Law, bringing extensive experience in Estate Planning. She works with the Nurture Law team in a consulting capacity through her incorporated legal practice, supporting clients with asset and legacy planning.  Carrie prides herself on being client centric, innovative and collaborative. Working closely with financial advisors and accountants, Carrie helps deliver clients holistic estate planning solutions. Named the ‘Estate Planning Jedi’ by her peers, Carrie enjoys finding solutions for clients to bring them peace of mind. Carrie enjoys films, various crafts and spending time with her niece and nephew. Membership & Awards Recognised as a leading Wills, Estates & Succession Planning Lawyer in Queensland As seen in… The Art of Estate Planning Podcast READ MORE article:Apple’s strict iphone rules when you die READ MORE As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Blog URL: https://nurturelaw.com.au/blog/ Type: page Modified: 2026-06-03 Learn what you need to know about wills and estates. 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 → 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 → 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 → 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 → 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 → 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 → 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 → 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 → 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 → 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 → 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 → --- ## Why Testamentary Trusts Are Still One of the Most Powerful Estate Planning Tools URL: https://nurturelaw.com.au/why-testamentary-trusts-are-still-one-of-the-most-powerful-estate-planning-tools/ Type: post Modified: 2026-06-03 There has been a lot of discussion recently about the Federal Government’s proposed tax changes for discretionary trusts, including Testamentary Trusts. Unsurprisingly, many people are now asking whether Testamentary Trusts are still worth including in their wills. The short answer? Absolutely. While tax planning has always been one benefit of a Testamentary Trust, it has never been the only reason (or even the most important reason) families choose to use them. At their core, Testamentary Trusts are about protection. What Is a Testamentary Trust? A Testamentary Trust is a trust created under your will that only comes into effect after you pass away. Rather than leaving an inheritance directly to a beneficiary, assets can instead be held within the trust and managed by trusted people for the benefit of your loved ones. Importantly, if you want the option of using a Testamentary Trust, it must be included in your will before you die. The Proposed Tax Changes Are Not Yet Law The recent announcements about trust taxation are just that – announcements. The proposed changes are intended to apply from 1 July 2028, but there is still a long legislative process ahead, including consultation, industry feedback, and drafting of legislation. We have also seen similar proposals in the past that never became law. There is still significant uncertainty around how the rules may ultimately look, particularly in relation to children and vulnerable beneficiaries. Testamentary Trusts Offer So Much More Than Tax Benefits Even if the tax rules change, Testamentary Trusts remain one of the most flexible and protective estate planning tools available. Protecting Young Children For parents of young children, a Testamentary Trust can provide enormous peace of mind. It allows you to: protect your children’s inheritance if your surviving spouse later re-partners; reduce the risk of inherited assets being lost in family law proceedings; protect assets from creditors or legal claims; choose the age your children receive control of their inheritance; and avoid children receiving large sums of money at age 18 before they are financially mature. Protecting Adult Children Many people are also surprised to learn how valuable Testamentary Trusts can be for adult children. A Testamentary Trust can help: protect inheritances if a child separates from their partner; safeguard assets from creditors or business risks; preserve wealth for future generations; and provide structure and long-term protection for family wealth. Supporting Vulnerable Beneficiaries Testamentary Trusts can also be incredibly important where a beneficiary is vulnerable due to disability, illness, addiction, impaired capacity, or difficulty managing money. Rather than receiving an inheritance outright, assets can remain protected within the trust and managed by trusted decision-makers for the beneficiary’s ongoing care, wellbeing, and financial security. For many families, this type of protection is far more important than tax outcomes alone. Flexibility Is Key At Nurture Law, the Testamentary Trusts we prepare are designed with flexibility in mind. This means your executor and loved ones can obtain legal, financial, and tax advice at the time of your death and decide whether establishing the trust is appropriate based on the law and circumstances at that time. If the trust remains beneficial, the option is there. If circumstances change and the trust is no longer needed, your loved ones are not locked into using it. Estate Planning Is About More Than Tax When people hear discussions about tax changes, it can be easy to lose sight of the bigger picture. Good estate planning is not simply about minimising tax. It is about protecting the people you love, preserving family wealth, reducing risk, and creating stability for future generations. Testamentary Trusts continue to play a powerful role in achieving those goals. If you would like advice about whether a Testamentary Trust is appropriate for your family, we would be happy to help. --- ## Who Is Entitled to a Copy of a Will in Queensland? URL: https://nurturelaw.com.au/who-is-entitled-to-a-copy-of-a-will-in-queensland/ Type: post Modified: 2026-06-03 When someone passes away, it’s common for family members and loved ones to want clarity about the contents of the will. But in Queensland, not everyone automatically has the right to see it. Understanding who is entitled to a copy of a will, and when, can help avoid confusion, conflict, and unnecessary stress during an already difficult time. Before Probate: Who Can Access the Will? Before a Grant of Probate is issued by the Supreme Court of Queensland, the will is a private document. This means there is no general right for just anyone to see it. However, Queensland law (specifically the Succession Act 1981 (Qld)) sets out certain people who are entitled to inspect or receive a copy of the will. These include: A person named in the will (whether as a beneficiary or otherwise) A person named in an earlier will The spouse, parent, or issue (child/grandchild) of the deceased A person who would be entitled to a share of the estate if the deceased had died intestate (without a will) A parent or guardian of a minor who is entitled A creditor or someone with a claim against the estate Anyone with a proper interest in the estate (in some circumstances) If you fall within one of these categories, you can request a copy of the will. Importantly, this request is not limited to the executor. Under Queensland law, the person who has possession or control of the will, which is often the solicitor who prepared the will or holds the original document, has an obligation to allow an entitled person to inspect or obtain a copy. This means that even if an executor has not yet taken steps, or is unresponsive, an entitled person may be able to request the will directly from the law firm or other person holding it. After Probate: Is the Will Public? Once Probate has been granted, the will becomes a public document. This means anyone can apply to the Supreme Court for a copy of the will, regardless of whether they are a beneficiary or have any connection to the estate. What If Access Is Refused? The law places obligations on the person holding the will to provide access to those who are entitled. If someone who is entitled to a copy is refused access, whether by an executor or the person holding the will, there may be legal options available to compel production. This is often a situation where obtaining legal advice early can help resolve the issue quickly and avoid escalation. Why Access to the Will Matters Having access to the will is often the first step in: Understanding your entitlements (if any) Clarifying the intentions of the deceased Assessing whether there are grounds for a family provision claim Ensuring the estate is being administered correctly A Practical Tip If you believe you are entitled to a copy of a will, it’s best to make your request in writing and keep a record of your correspondence. This can be helpful if there are delays or disputes later. How We Can Help At Nurture Law, we understand that estate matters can be emotional and complex. Whether you are trying to obtain a copy of a will or need advice about your rights, our team is here to guide you with clarity and compassion. If you have questions about a will or an estate, feel free to get in touch. --- ## Estate Planning for Blended Families: Why It’s Not One-Size-Fits-All URL: https://nurturelaw.com.au/estate-planning-for-blended-families-why-its-not-one-size-fits-all/ Type: post Modified: 2026-06-03 Blended families are increasingly common, but when it comes to estate planning, they bring a level of complexity that a simple Will often can’t address. If you have a spouse and children from a previous relationship, you’re not just deciding who gets what. You’re balancing competing priorities, protecting relationships, and trying to reduce the risk of future conflict. And without the right structure in place, even well-intentioned plans can unravel. The Real Challenge: Competing Priorities Most people in blended families want to: Provide for their current spouse Protect their children from a previous relationship Treat everyone fairly (even if not equally) Preserve assets they brought into the relationship for their children The difficulty is that these goals can pull in different directions. For example, leaving everything to your spouse might feel like the simplest option. But what happens if your spouse later changes their Will, remarries, or doesn’t ultimately provide for your children? On the other hand, leaving little or nothing to a spouse, particularly a long-term spouse, can create a significant legal risk. In Queensland, a spouse is generally recognised as having a strong claim on an estate. If adequate provision isn’t made for their financial support, housing, and standard of living, they may bring a family provision application, and the Court has the power to redistribute the estate. The challenge is not choosing between your spouse and your children – but structuring your estate to provide for both. Why Blended Families Are More Likely to Face Disputes Blended families are particularly vulnerable to estate disputes. This is because there are often multiple eligible people, such as a surviving spouse and children from previous relationships, with competing expectations. Disputes are more likely where: One group is left with little or no provision A spouse is not adequately provided for The estate is substantial Assets form part of the estate and are open to challenge Where assets fall into the estate, they are generally available to be contested. That’s why effective estate planning isn’t just about your Will—it’s about how your assets are structured as a whole. Key Strategies to Consider There is no single solution for blended families. A well-designed plan often involves a combination of strategies. Using trusts and life interests to create balance Testamentary trusts and life interests can allow your spouse to benefit from your estate during their lifetime, while preserving assets for your children. This can help provide security for a spouse without losing control of where assets ultimately end up. Structuring assets to control what forms part of your estate Not all assets pass under your Will. For example: Superannuation can be directed via binding nominations Assets held as joint tenants pass automatically to the surviving owner Assets held in trusts may not form part of your estate at all In some cases, people also consider restructuring or gifting assets during their lifetime, for example: Transferring assets to children or intended beneficiaries Transferring assets into a family trust Holding assets jointly so they pass by survivorship These strategies can reduce the pool of assets available for claims – but they must be approached carefully. Creating flexibility with life insurance and financial structuring Life insurance can be a powerful tool in blended families. It can be used to: Provide immediate financial support to a spouse Create a separate pool of funds for children This can reduce pressure on the estate and help balance competing interests. More advanced strategies for complex situations For more complex or higher-value estates, additional strategies may be considered, such as: Gift and loan-back arrangements Binding Financial Agreements (prenups or postnups) Mutual Will agreements Careful control of trusts, companies, and superannuation funds In these cases, it’s not just about ownership of assets – but who controls them and how decisions are made after your death. It’s Not Just About Assets – It’s About Structure One of the biggest misconceptions is that estate planning is simply about dividing assets. In blended families, it’s really about: How assets are held Whether they form part of your estate How competing claims are managed Who has control after you’re gone Getting this wrong can lead to outcomes that are very different from what you intended. Why Regular Reviews Are Essential Estate planning for blended families is not a “set and forget” exercise. Relationships, financial positions, and family dynamics can change over time. An estate plan that works today may not be appropriate in a few years. You should review your estate plan regularly – particularly when: You enter into or leave a relationship Family relationships change Your assets or financial position change A beneficiary’s circumstances change Regular reviews help ensure your plan continues to: Reflect your wishes Maintain the right balance between your spouse and children Minimise the risk of disputes Getting It Right Matters Estate planning for blended families requires more than a standard Will. It requires a thoughtful, strategic approach that considers: Your family structure Your assets and how they are held The legal risks (including family provision claims) The outcomes you want to achieve Done well, it can: Provide for your spouse Protect your children Reduce conflict Preserve family relationships How We Can Help At Nurture Law, we understand that estate planning for blended families is rarely straightforward. We work with you to design a plan that balances competing priorities, protects your intentions, and reduces the risk of future disputes. This includes advising on: Wills and testamentary trust structures Asset ownership and non-estate planning Superannuation and life insurance Lifetime strategies and asset structuring Coordinating with your accountant and financial adviser We take a practical and compassionate approach – focused not just on legal outcomes, but on protecting the people and relationships that matter most. If you’re part of a blended family, getting the right advice early can make all the difference. --- ## Can an Attorney or Administrator Access My Will in Queensland? URL: https://nurturelaw.com.au/can-an-attorney-or-administrator-access-my-will-in-queensland/ Type: post Modified: 2026-06-03 When you appoint an attorney under an Enduring Power of Attorney – or if someone is appointed as your administrator by QCAT – you are giving them significant authority to manage aspects of your life. A common question we are asked is: Can my attorney, administrator or guardian get a copy of my will while I’m still alive? The answer in Queensland is: sometimes – but not automatically Wills are confidential during your lifetime In Queensland, your will is a private and confidential document while you are alive. Unlike after death (when a will may become public through probate), there is no general right for anyone – including family members – to see your will without your consent. Not all attorneys are the same There are different types of attorneys under an Enduring Power of Attorney—and this matters. 🔹 Attorney for financial matters An attorney for financial matters can make decisions about: your property your finances your legal affairs Because of this, they may be able to access your will—but only in limited circumstances. 🔹 Attorney for personal / health matters An attorney for personal and health matters makes decisions about: where you live your care arrangements medical treatment They do not deal with your finances or legal affairs. For this reason, an attorney for personal/health matters will generally not be entitled to access your will. ✔️ What if the same person is appointed for both? Often, the same person is appointed for both financial and personal matters. In that case: Any ability to access your will comes from their financial authority – not their personal/health role. It depends on the powers they have been given A critical point is often overlooked: An attorney or administrator can only act within the scope of the powers given to them. This means: not all attorneys have the same authority not all administrators have full control over all financial matters Some appointments are limited to specific tasks. What if the power is limited? If an attorney or administrator has limited powers, this significantly affects whether they can access your will. For example: An administrator appointed only to sell a property An attorney authorised only to operate a bank account An administrator appointed for a specific court proceeding In these situations: Access to the will will usually not be appropriate, because it is not needed for the task they have been appointed to perform. Attorneys and administrators: limited rights of access Attorneys (financial matters) Under Queensland law, an attorney has a right to access information needed to perform their role. This can override confidentiality – but only where access is reasonably necessary to exercise their powers Administrators (appointed by QCAT) An administrator has similar rights in relation to financial matters. They may access documents (including a will) if it is relevant and necessary to managing your affairs Guardians Guardians deal with personal and health decisions only. They will generally not have any right to access your will. When might access to a will be appropriate? Access may be appropriate where an attorney (financial) or administrator needs the will to: understand how assets are structured ensure financial decisions align with your broader estate plan avoid conflicts of interest deal with disputes or legal proceedings Even then, access must be justified – not assumed. What if the document authorises it? Sometimes, an Enduring Power of Attorney will include an express clause allowing the attorney to access the will. This can: provide clarity; and support disclosure where appropriate However, even with this clause: The attorney must still only use the information for proper purposes and within the scope of their authority. What if you still have capacity? If you still have decision-making capacity: You remain in control. You can decide: whether your will is shared; and with whom An attorney cannot override your decision while you have capacity. Practical takeaway In Queensland: ❌ There is no automatic right to access a will ✔️ A financial attorney or administrator may access it if necessary ❌ A personal/health attorney or guardian generally cannot ❗ If powers are limited, access will usually not be appropriate ✔️ An EPA can expressly authorise access, which provides clarity How we can help At Nurture Law, we help clients: carefully structure Enduring Powers of Attorney decide whether their attorney should have access to their will balance privacy with practical administration needs If you’re putting your estate plan in place or reviewing your documents, we can guide you on what’s right for your circumstances. --- ## What is the difference between a Solicitor and a Barrister? URL: https://nurturelaw.com.au/what-is-the-difference-between-a-solicitor-and-a-barrister/ Type: post Modified: 2026-06-03 If you’ve ever needed legal help, you’ve probably heard the words solicitor and barrister – and wondered, “Wait, aren’t they both lawyers?” You aren’t alone! Many people use the terms interchangeably, but they describe different roles within the legal profession. Both solicitors and barristers are qualified lawyers – they just do different kinds of work and often team up to give you the best possible result. Here’s a simple breakdown of who’s who, what they do, and when you might come across each one. Why the confusion? The confusion comes mostly from the fact that both solicitors and barristers study law, give legal advice, and represent clients – but they do it in different settings. In Australia, including Queensland, the legal system is based on the English model, where the profession was traditionally divided into two branches. Solicitors handled client relationships and paperwork, while barristers specialised in court advocacy. These days, the line isn’t quite as strict as it used to be – but the distinction still matters. Understanding it can help you know who to turn to at each stage of your legal journey. What is a Solicitor? A solicitor is the lawyer most people deal with first. Think of them as your main point of contact – the person who manages your case from start to finish. Solicitors work directly with clients, giving advice, preparing documents, and handling the day – to – day progress of your matter. They can appear in court for many types of hearings, but they usually bring in a barrister if the case becomes complex or goes to a higher court. In the wills and estates space, solicitors commonly help with things like: Preparing Wills, testamentary trusts, and enduring powers of attorney Advising on estate planning to ensure your assets pass to the people you intend Assisting executors with administering a deceased estate, including applying for probate or letters of administration Advising beneficiaries about their rights and entitlements under a Will They’re the ones you can call or email to ask, “what happens next?” or “Can you explain this to me in plain English?” Solicitors also play a key role in estate disputes. For example, they may assist if someone believes they have been unfairly left out of a Will or not adequately provided for. In an estate dispute, a solicitor will often: Advise you about your rights and whether you have a valid claim, such as a family provision application Gather evidence and information about the estate, the deceased’s wishes, and the financial circumstances of the parties involved Communicate with the executor and other parties on your behalf Prepare legal documents, court applications, and evidence needed to support your position Negotiate or attend mediation to try to resolve the dispute without the stress and cost of a trial Brief and work with a barrister if the matter proceeds to court Estate disputes can be emotional because they often involve family relationships and long-standing expectations. A solicitor helps guide clients through the process with clear advice, practical strategy, and a focus on resolving the matter as efficiently as possible. In short, your solicitor is your legal organiser, advisor, and advocate – the person who understands your situation, explains your options in plain English, and helps move your matter forward. What is a Barrister? A barrister is a specialist advocate – someone who focuses on representing people in court and giving detailed opinions. Barristers are trained to: Present arguments and question witnesses in court Advise on the strengths and weaknesses of a case Draft legal submissions for judges Negotiate settlement and represent clients in mediations Most barristers are self-employed and work from chambers – a group of individual offices shared with other barristers. They’re usually engaged (or briefed) by solicitors to assist in specific matters. They wear wigs and robes in higher courts, reflecting the traditional role of courtroom advocates – but their real skill lies in understanding the finer details of the law using them strategically in an argument. How do Solicitors and Barristers Work Together? In many legal matters, particularly those involving court proceedings, solicitors and barristers form a team. Here’s how it usually works: You engage a solicitor – they gather information, prepare your case, and act as your main contact. The solicitor briefs a barrier – when expert advocacy or legal opinion is needed, the solicitor provides the barrister with all the documents and background information. The barrister advises or appears in court – they argue the case, question witnesses, and help the solicitor plan the next step. Behind the scenes, the collaborate closely. The solicitors know your personal goals and circumstances, while the barrister focuses on strategy and legal argument. Together, they bring both breadth and depth – practical guidance from your solicitor and technical precision form your barrister. When Might You See Both Involved? You’ll often see both solicitors and barristers working together in cases that are: Complex or contested, such as family provision applications or large estates Going to trial, especially in the District or Supreme Court Involving detailed legal issues, like disputes over property ownership or interpretation of a Will High stakes, where experienced advocacy is essential. For example, in an estate dispute, your solicitor might prepare your documents, collect evidence, and attend mediation with you. If the matter heads to court, they’ll brief a barrister to present your case before the judge. You’ll usually meet the barrister before the hearing so they can explain the process and what to expect – your solicitor stays by your side the whole way through. The Benefits of Having Both While it might sound like doubling up, having both a solicitor and a barrister can save time and money in the long run. Here’s why: Specialised expertise: Barristers are experts in courtroom advocacy and complex law; solicitors are experts in client care and preparation Efficiency: Barristers can quickly spot key legal issues, saving time and resources Stronger Strategy: You can get the combined insight of two legal minds working together Better Communication: Your solicitor can “translate” technical advice into practical next steps. It’s a bit like having a builder and an architect – they do different things, but together they create a stronger result. At the end of the day, both solicitors and barristers are there for one purpose – to help you navigate the law and achieve the best possible outcome. Your solicitor is your steady guide – the person who listens, explains and keeps your case moving. Your barrister is your courtroom voice – the one who argues fearlessly on your behalf. Together, they form a partnership built on trust, expertise, and advocacy. So, if your solicitor says, “We’ll brief a barrister to assist with this matter,” don’t be alarmed – it’s a sign you’re getting an experienced legal team ready to protect your interests, inside and outside a courtroom. If you’re dealing with a wills and estates matter – whether you’re planning your own Will, administering an estate, or navigating a dispute – understanding how solicitors and barristers work together can give you confidence in the legal process. At Nurture Law, our team works closely with experienced barristers to ensure our clients receive clear advice, strong representation, and practical solutions every step of the way. If you need guidance about a Will, estate administration, or an estate dispute, contact Nurture Law today to arrange a confidential consultation and find out how we can help. --- ## Understanding the Duty of Disclosure in Queensland Court Proceedings URL: https://nurturelaw.com.au/understanding-the-duty-of-disclosure-in-queensland-court-proceedings/ Type: post Modified: 2026-06-03 When you’re involved in a civil court matter in Queensland, including estate disputes, you might have a legal responsibility known as the duty of disclosure. This duty is designed to keep the process fair and transparent, ensuring both sides have access to the same information. In this blog, we break down what the duty of disclosure means, the types of documents it covers, the exceptions to the rule, and why it’s so important to get it right. What Is the Duty of Disclosure? The Uniform Civil Procedure Rules 1999 (Qld) (UCPR) set out the duty of disclosure in Queensland. In simple terms, it means that each party must tell the other side about all documents directly relevant to the issues in dispute, not just the ones that help their case. If a document supports the other party’s position or potentially weakens your own, it still needs to be disclosed. This duty applies equally to both sides. If you’re required to disclose, so is the other party. What Counts as a “Document”? The legal definition of a “document” is much broader than most people expect. It includes almost any record of information, whether on paper or in digital form, such as: Paper records – letters, contracts, wills, handwritten notes Electronic communications – emails, instant messages, text messages Media files – photos, videos, and audio recordings Data files – spreadsheets, databases, and other digital files Social media – posts, comments, and private messages If it contains information that’s relevant to your case, it may fall within your duty to disclose. What Is a List of Documents? A List of Documents is a formal record you prepare that sets out: All relevant documents in your possession, custody, or control Documents that support your case, harm your case, or help the other party’s case This list must meet the formatting and content requirements in the UCPR and be served on the other party. Once they receive your list, they can request copies of the documents they wish to inspect. Are There Exceptions? Yes, some important ones. Privileged Documents Certain documents are protected by legal professional privilege, meaning they don’t have to be disclosed in full. This generally covers: Documents prepared for the dominant purpose of obtaining legal advice Documents created in anticipation of litigation These must still appear on your List of Documents, but they are clearly marked as “privileged” so the other side cannot inspect them. Proceedings Without Standard Disclosure Not every case follows the standard disclosure process. For example: Proceedings started by Application (rather than Claim) usually don’t require disclosure unless the Court orders it. These matters rely on affidavit evidence instead. Cases where the Court has made an order dispensing with disclosure altogether. If your case falls into one of these categories, your lawyer will advise you. Why Does It Matter? Failing to meet your duty of disclosure can have serious consequences, including: Being unable to rely on certain documents at trial Court-ordered penalties, such as paying the other party’s costs Dismissal of parts of your case In short – ignoring disclosure rules can put your case at serious risk. How Nurture Law Can Help The disclosure process can be complex, but you don’t have to navigate it alone. At Nurture Law, we: Explain your disclosure obligations in plain language Help identify all relevant documents Prepare your List of Documents in line with the UCPR requirements Protect your rights by advising on privileged documents Confirm whether disclosure applies to your matter at all We make the process as smooth and stress-free as possible so you can focus on resolving your dispute. Need advice about disclosure in a Queensland court matter? Get in touch with our friendly team today, we’re here to guide you every step of the way. --- ## AI Use Policy URL: https://nurturelaw.com.au/ai-use-policy/ Type: page Modified: 2026-05-22 At Nurture Law Pty Ltd [ABN 31 650 439 204] (we, us or our) we are committed to being transparent about how we use Artificial Intelligence (AI) tools in our business operations. Where AI is used, we strive to use it ethically, and in accordance with Australian law and best practices. This policy should be read in conjunction with our privacy policy, which outlines how we handle personal and sensitive information. Use of AI tools At Nurture Law, we may use trusted AI tools and platforms to support the delivery of our legal and administrative services. These tools may assist our team with tasks including, but not limited to: drafting written content such as emails, articles, presentations, reports, and marketing materials; assisting with document formatting, editing, summarising, and proofreading; automating administrative workflows and internal processes; supporting legal and non-legal research and information gathering; enhancing client communication and customer service experiences; and improving operational efficiency and innovation within our practice. Any use of AI is subject to appropriate human oversight and professional judgment. We do not rely on AI to provide legal advice or to make autonomous decisions regarding clients, legal matters, or individuals without review by a qualified member of our team. We take reasonable steps to ensure that any AI tools we use are reputable and used in a manner consistent with our professional obligations, including duties relating to confidentiality, privacy, and data security. While AI can assist with efficiency and productivity, all final work product and advice provided by Nurture Law is reviewed by a human professional. Who does this policy apply to? This policy applies to all employees, contractors, consultants, and other individuals or entities who use AI systems that are provided, authorised, or approved by Nurture Law. It applies to the use of current and emerging artificial intelligence technologies within our operations, including but not limited to: generative AI tools used for drafting, summarising, or content creation; machine learning technologies used for data analysis, automation, or workflow optimisation; AI-powered software applications and integrations; and AI tools used to support client communication or customer service, including chatbots and virtual assistants. For the purposes of this policy, “AI” refers to technologies capable of performing tasks that would typically require human intelligence, including generating text, analysing information, identifying patterns, making recommendations, or automating processes. This policy applies only to AI tools and systems that are directly used, authorised, or controlled by Nurture Law. It does not apply to artificial intelligence technologies independently used by third-party service providers unless expressly stated. Safeguarding your information Nurture Law complies with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and our professional obligations relating to confidentiality and the protection of client information. In certain circumstances, approved AI tools may be used in connection with confidential, personal, or sensitive information where this is necessary to assist in the delivery of legal services or internal operations. Before using any AI tool for this purpose, we undertake appropriate due diligence regarding the provider’s privacy, confidentiality, security, and data handling practices. We take reasonable steps to ensure that AI tools used within our practice have appropriate safeguards in place to protect client information and reduce the risk of unauthorised access, disclosure, or misuse. Where appropriate and practicable, information used in connection with AI tools may be de-identified, anonymised, or limited to the minimum information necessary for the relevant task. We seek, where reasonably possible, to use AI tools and providers that do not use client information to train public or third-party AI models without authorisation. All outputs generated using AI tools are subject to human review and oversight. AI tools are used to assist our team and do not replace professional legal judgment or advice. Accuracy and reliability While AI tools can assist with generating ideas, summaries, and draft content, they may produce inaccuracies, incomplete information, or unintended results. Any work product generated or assisted by AI is subject to review and oversight by an appropriately qualified member of our team before it is relied upon or used externally. Nurture Law remains responsible for all legal services, advice, communications, and business decisions, regardless of whether AI tools have been used to assist in the process. Transparency We aim to be transparent about our use of AI where appropriate and where required by law. For example, we may inform individuals when they are interacting with an AI system (such as a chat bot). If you would like more information about our use of AI or whether it has been used in delivering services to you, please get in touch using the contact details below. Fairness Nurture Law is committed to using AI responsibly, ethically, and in a manner that supports fairness and non-discrimination. We take reasonable steps to identify and mitigate potential bias, inaccuracies, and unintended impacts associated with the AI tools and systems we use. Human oversight remains an important part of our decision-making and service delivery processes.  Prohibited uses We will not use AI for: unlawful activity; discrimination based on protected attributes (for example, race, gender, religion); generating or spreading false or misleading information with the intent to deceive; infringing intellectual property rights; creating deepfakes or manipulating media in harmful ways; creating or using biometric surveillance systems (like facial recognition) without lawful authority or consent; or automated decision-making with significant legal or personal effects, without appropriate human oversight, where prohibited by law. Monitoring and review We will monitor how AI systems are used to ensure compliance with this policy. This policy will be reviewed and updated regularly to reflect changes in technology or legal requirements. For any questions or notices, please contact us at: At Nurture Law Pty Ltd [ABN 31 650 439 204] Email: kelly@nurturelaw.com.au Last update: 22 May 202 --- ## Terms of Use URL: https://nurturelaw.com.au/terms-of-use/ Type: page Modified: 2026-05-22 Nurture Law Pty Ltd [ABN 31 650 439 204] (we, our or us) operates this website (Site). The domain address of the Site is: https://nurturelaw.com.au and it may also be available through other addresses or channels. Agreement to Terms By accessing or using our Site, you agree to be bound by these website terms of use (Terms). If you do not agree to these Terms, you must discontinue use of our Site immediately. When we can change these Terms We may update these Terms from time to time. Any changes will be effectively immediately upon posting on our Site. Your continued use of our Site following any changes constitutes acceptance of the revised terms. We recommend checking this page regularly to stay informed of any updates. . 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Termination of access We may suspend or terminate your access to our Site at any time, without notice, if you breach these Terms or for any other reason. We are not liable for any loss or damage resulting from such termination. Governing law and dispute resolution These Terms are governed by the laws of [State], Australia. You agree to submit to the exclusive jurisdiction of the course in that State. If accessing this Site outside Australia, you do so at your own risk and are responsible for compliance with local laws.   Contact information Nurture Law Pty Ltd [ABN 31 650 439 204]  Email: kelly@nurturelaw.com.au Last update: 22 May 2026 --- ## Our Story URL: https://nurturelaw.com.au/our-story/ Type: page Modified: 2026-05-01 Our Story Nurture Law was born out of a vision to provide a different kind of legal service, one that puts people first, fosters understanding, and keeps families connected. In July 2021, amidst the challenges of COVID-19, our Principal Lawyer, Kelly Gatehouse, started the firm from her own home, driven by a commitment to deliver compassionate, client-focused legal support. From these humble beginnings, we’ve grown to our current office in Forest Lake where we enjoy gorgeous lake views as we continue our mission.  At Nurture Law we understand the sensitive nature of estate planning, administration and dispute resolution. Our approach is about more than legal advice, it’s about helping clients make informed decisions that will protect and care for their loved ones. We’ve built a dedicated team of professionals who share a passion for helping others. We’re not just here for the legal work, we’re here to create lasting relationships and provide genuine support during important moments in our clients’ lives. Through every estate plan, dispute resolution, and administrative task, we strive to reduce conflict, simplify the complex, and bring peace of mind to every family we serve. Our story continues to grow as we expand our services, embrace new technology, and cultivate a team culture that values empathy and empowerment. We’re honored to play a part in our clients’ stories and are committed to guiding them with clarity and care for years to come. IN A NUTSHELL: Our goal is to cultivate amicable settlements that maintain family relationships at minimal cost through a fixed-pricing approach. LEGAL SUPPORT CONTACT KELLY We are proud Nurture Law has been recognised in the 2025 Doyle’s Guide as one of Queensland’s leading Wills & Estates Litigation Law Firms.  This recognition reflects our dedication to delivering compassionate, expert guidance in estate disputes, helping our clients navigate challenging situations with integrity and care. Our Services Estate Disputes and Resolutions Estate Disputes and Resolutions Estate disputes can be messy, complex and emotional. Losing a loved one is difficult enough let alone having to engage estate lawyers and be involved in an estate claim or contesting a will. Click Here Superannuation Death Benefit Claims Superannuation Death Benefit Claims Unhappy with how a super fund has allocated superannuation death benefits or life insurance to be paid? Experienced with the complaint process of various super funds and the Australian Financial Complaints Authority (AFCA), we can help you through the complaint process. Click Here Deceased Estate Administration and Probate Deceased Estate Administration and Probate Been appointed as an executor of a will? Or maybe there is no will and you don’t know where to start? Sometimes estates can be complex to navigate. We can help make sure you confidently fulfil your duties as an executor, ensuring you don’t miss a thing. Click Here Wills and Estate Planning Wills and Estate Planning We can help you and your family plan for the future, whether that be with a basic will or a comprehensive estate plan, so you can have peace of mind that the suitable arrangements are in place at the right time. Click Here As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Corey Lee Davies URL: https://nurturelaw.com.au/corey-lee-davies/ Type: page Modified: 2026-05-01 BOOK A FREE CHAT Meet, Corey Lee Davies Senior associate Corey Lee Davies is a seasoned succession lawyer with over 15 years in the legal industry, including more than 12 years as a practising solicitor. She specialises in wills, estate planning, and estate litigation, with deep experience in matters involving capacity disputes, testamentary trusts, and family provision claims. Corey Lee is known for her thorough, client-focused approach and clear communication. She holds a Bachelor of Laws and is currently completing a Master of Laws (Applied Law) with a major in Wills and Estates. Her background also spans civil litigation, family law, and conveyancing, giving her a holistic perspective on client needs. Organised, empathetic, and highly experienced, Corey Lee is a trusted advisor who brings care and clarity to every matter. Outside of the office, Corey Lee finds joy in the simple things – spending time with her spouse, sharing good conversation with friends, and getting lost in a great book. She’s grounded by her love of family and believes that connection, kindness, and authenticity are at the heart of both life and law. Membership As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## What Is a Comprehensive Estate Plan (and Why You Need One) URL: https://nurturelaw.com.au/what-is-a-comprehensive-estate-plan-and-why-you-need-one/ Type: post Modified: 2026-04-28 When people think about estate planning, they often assume it’s just about having a Will. In reality, a comprehensive estate plan is much more than that. It’s a complete strategy to protect your assets, your loved ones, and your wishes both during your lifetime and after your death. At Nurture Law, we regularly work with clients who thought they were “covered” with a basic Will – only to discover critical gaps. So, what does a comprehensive estate plan actually include? A Tailored Will A Will is the foundation of any estate plan. It sets out: Who inherits your assets Who will administer your estate (your executor) Who will care for your minor children A well-drafted Will should also: Minimise the risk of disputes Align with your broader financial structures Include appropriate testamentary trusts for asset protection and tax effectiveness Enduring Power of Attorney An Enduring Power of Attorney (EPOA) allows you to appoint someone you trust to make decisions if you lose capacity. This includes: Financial decisions (such as managing bank accounts, property, and investments) Personal and health decisions Without an EPOA, your loved ones may need to apply to QCAT for authority — a process that can be stressful, time-consuming, and costly. Advance Health Directive An Advance Health Directive allows you to record your wishes for future medical treatment if you are unable to communicate them yourself. It can address: Life-sustaining treatment decisions Your preferences around quality of life Specific directions about medical care in certain circumstances This document provides clarity and guidance to both your loved ones and your treating doctors, helping to reduce uncertainty and emotional burden during difficult times. Superannuation and Death Benefit Planning Your superannuation does not automatically form part of your estate. A comprehensive estate plan considers: Who will receive your superannuation and any life insurance Whether you have a valid death benefit nomination in place The tax implications for your beneficiaries How your super aligns with your overall estate plan Entities: Companies, Family Trusts and SMSFs Many individuals and families hold assets through structures such as companies, family trusts, or self-managed superannuation funds (SMSFs). These assets are not owned by you personally, which means your Will alone does not control them. A comprehensive estate plan must consider: Companies Who will control the company (through directorship and shareholding) How ownership of shares will pass on your death Business succession planning Family Trusts Who will take over as trustee or appointor How control of the trust will be passed to the next generation Ensuring the right people benefit from the trust in the future SMSFs Who will become the trustee or director of the corporate trustee How death benefits will be paid Ensuring compliance with superannuation laws and the trust deed If these structures are not properly addressed, control can unintentionally pass to the wrong person – sometimes with significant financial and family consequences. Asset Ownership and Structure How your assets are owned is just as important as what your Will says. We consider: Joint ownership versus tenancy in common Assets held personally versus through structures How ownership impacts what forms part of your estate Incorrect structuring can result in assets passing outside your estate or not being distributed as you intended. Tax Planning and Asset Protection A comprehensive estate plan looks at the bigger picture, including: Minimising tax (particularly for superannuation and capital gains) Protecting inheritances for beneficiaries Safeguarding assets from risks such as divorce, bankruptcy, or poor financial decisions Testamentary trusts are often used to achieve these outcomes. Reducing the Risk of Estate Disputes Estate disputes are increasingly common, particularly in blended families or where there are complex relationships. A well-prepared estate plan can help: Clearly document your intentions Reduce the likelihood of claims Support fairness and transparency Preserve family relationships Regular Reviews Your estate plan should evolve as your life does. You should review it when: You marry, separate, or divorce You have children or grandchildren Your financial circumstances change You acquire or restructure assets Why It Matters A comprehensive estate plan is about more than documents – it’s about certainty, protection, and peace of mind. It ensures: Your wishes are respected Your loved ones are supported Your affairs are managed efficiently Unnecessary conflict is avoided Most importantly, it provides clarity at a time when your family needs it most. How We Can Help At Nurture Law, we take a holistic and compassionate approach to estate planning. We work closely with you to understand your family, your values, and your financial structures – and design a plan that truly reflects what matters most. If you’d like to put the right structures in place, we’d love to help. --- ## When someone promised you property before they died: Your legal options URL: https://nurturelaw.com.au/when-someone-promised-you-property-before-they-died-your-legal-options/ Type: post Modified: 2026-04-28 At Nurture Law, we understand that when expectations are not met, especially after the death of a loved one or within complex family arrangements, it can lead to legal and emotional strain. One powerful but often misunderstood area of law that can help in these situations is equity. This blog explains equitable claims in Queensland and outlines common situations where you might be entitled to a remedy, even if you’re not named in a Will or on the title of a property. What is an Equitable Claim? An equitable claim arises when the courts intervene to ensure fairness and prevent unjust outcomes, particularly where one party has been misled, disadvantaged, or unfairly left out after relying on a promise or contributing to property or assets. These claims don’t rely on contracts or written agreements, but instead on broader legal principles such as: Proprietary Estoppel: When a person relies on a promise to their detriment, and it would be unfair for the other person (or their estate) to go back on it. Constructive Trusts: When someone contributes to property owned by another and it would be unjust for the legal owner (or estate) to retain the full benefit. Resulting Trusts: When assets are transferred under circumstances suggesting they should be held for someone else. Unjust Enrichment: When one person gains a benefit at another’s expense without legal justification. Common Situations Where Equitable Claims Arise At Nurture Law, we regularly help clients facing situations like the following: 🏡 Promises Made About Inheritance or Property A parent or elderly relative tells a family member they will inherit the home or a specific asset in exchange for care or assistance, but later changes their Will or makes no provision. If that family member has changed their life or made sacrifices based on that promise, an equitable claim may arise. 👩‍🌾 Contributions to Property Without Legal Ownership Someone invests time, money, or labour into maintaining or improving a property owned by a family member or partner, based on an understanding they would have a future interest. After the owner passes away, the estate may try to retain full ownership, despite the contributions made. A constructive trust may be imposed to reflect the true relationship. 👨‍👩‍👧‍👦 Informal Family or Cultural Arrangements Family members may enter into long-standing informal agreements about land, inheritance, or support (especially common in multigenerational households or small family-run farms or businesses). If these arrangements are not honoured by the estate or surviving relatives, equity can step in. 🏢 Joint Ventures or Unwritten Business Agreements Where friends, relatives, or de facto partners contribute to a joint asset (such as a property or small business) with an understanding of shared ownership or benefit, but only one name is on the title, an equitable claim can help rectify the situation. 🧓 Caring for Elderly Parents Based on Promises A person may give up work or housing security to care for a parent, believing they will be “looked after” in the Will or given a place to live. If the estate leaves them out or sells the home, they may be entitled to an equitable remedy. Equitable Claims vs Family Provision Applications It’s important to understand the difference between equitable claims and family provision applications: A family provision application is based on your relationship with the deceased and whether proper provision was made for you under their Will or estate. An equitable claim is about promises, contributions, or conduct that give you a right to specific property or a financial interest, even if you’re not a beneficiary. In many cases, both types of claims can be made together. How We Can Help At Nurture Law, we are experts in both estate law and equitable remedies. We’ll take the time to understand your situation, explain your rights clearly, and help you achieve a fair outcome whether through negotiation, mediation, or litigation. We can help you: ✅ Identify whether you have an equitable claim✅ Gather evidence and assess your options✅ Communicate with executors or opposing parties✅ Resolve the matter compassionately and effectively Ready to Talk? If you believe you’ve been unfairly left out of an estate, or you’ve made contributions or sacrifices based on a promise that hasn’t been honoured, you may have a valid equitable claim. 📞 Contact Nurture Law today for a confidential consultation with our experienced and compassionate team. --- ## Step–Children and Inheritance Rights in Queensland URL: https://nurturelaw.com.au/step-children-and-inheritance-rights-in-queensland/ Type: post Modified: 2026-04-28 Modern families come in all shapes and sizes. Many of us are part of blended families – where stepparents help raise their stepchildren, and relationships are built on love rather than blood. But when it comes to inheritance law in Queensland, things can get a little complicated. Unlike movies where everyone gathers for a reading of the Will, real life estate law follows strict rules. If you are a stepchild, or a parent blended in a blended family, it is important to know where you stand legally – and what you can do to make sure everyone you care about is looked after. Do step – children automatically inherit? In Queensland, stepchildren don’t automatically inherit from their stepparent’s estate – even if they’ve been part of the family for many years. Under the Succession Act 1981 (QLD), only certain people are automatically entitled to a share when someone dies without a Will (known as dying intestate). These are typically the spouse, biological, or adopted children, and sometimes parents of siblings. Stepchildren aren’t included in the list. So, if your stepparent passes away without a Will, you do not automatically receive anything – even if you have lived with them for decades or been treated as part of the family. The good news? There are ways stepchildren can still make a claim. When can stepchildren make a claim? If a stepchild has been left out of a Will, (or if there’s no Will at all), they may be able to make what is called a family provision application. This type of application allows for certain people – including stepchildren – to ask the court for a share of the estate, if they believe they have been unfairly left out or not adequately provided for. To be eligible to make a family provision application as a stepchild, a person must generally show that they were the stepchild of the deceased at the time of the deceased’s death. This generally means the deceased was still married to, or in a de facto relationship with, the stepchild’s parent when the deceased died. If that relationship had already ended before the death (for example, through separation or divorce), the step-relationship will usually also have ended for the purpose of making a claim. However, if the relationship ended because the stepchild’s parent died, the step-relationship may still continue. If a stepchild is eligible to make a claim, the court will then consider a range of factors when deciding whether provision should be made from the estate, including: The needs of the applicant The nature and closeness of the relationship between the stepchild and the deceased Whether the deceased provided financial, practical, or emotional support The size and nature of the estate Whether the stepchild’s parent left their estate to their stepparent The needs and claims of other beneficiaries or family members Because every family situation is different, the outcome of these applications can vary depending on the specific circumstances of the relationship. Real life examples of successful applications There have been cases in Queensland where stepchildren have successfully received part of a deceased estate. For example, courts have been awarded provision to stepchildren who were raised from a young age by their stepparent, were treated as part of the family, and relied on that person for support. In these cases, the court recognized the real family bond that existed – even though there was no biological connection. Courts have also taken into account circumstances where the deceased’s estate was built up or significantly contributed to by the stepchild’s biological parent. For instance, if the stepchild’s parent helped accumulate the family assets during their lifetime, and those assets ultimately formed part of the stepparent’s estate, the court may consider that when deciding whether it is appropriate for the stepchild to receive provision. On the other hand, if a stepchild was an adult, financially independent, and had little contact with the stepparent, their claim may be less likely to succeed. Why early legal advice matters If you think you may have a claim as a stepchild – or if you’re planning your own Will in a blended family – getting early legal advice is crucial. There are strict time limits for family provision applications in Queensland. Usually, a person must notify the executor within six months of the death and file their application within nine months. If you miss the deadline, your right to claim may be lost. For parents and stepparents, speaking to a lawyer early can also help you: make sure your Will reflects your true intentions Avoid accidental exclusion of someone you care about Reduce the risk of family conflict later A good lawyer can help you write a Will that makes your wishes clear, explains your decisions, and leaves room for compassion while still protecting your estate. Stepfamilies are built on love, trust, and shared experiences – but the law doesn’t always see it that way. If you’re part of a blended family, taking the time to plan properly (or to get advice if you’ve been left out) can make a huge difference. Whether you’re a parent wanting to protect everyone you love, or a stepchild seeking fairness, early legal guidance can help you find clarity, compassion, and peace of mind in a situation that’s often anything but simple. If you are a stepchild who has been left out of an estate, or a parent or stepparent wanting to make sure your wishes are properly reflected in your Will, it is important to get the right advice. Careful estate planning can help ensure the people you love are protected and reduce the risk of disputes later. If you would like advice about your rights as a stepchild, or help planning your Will in a blended family, the team at Nurture Law is here to help. Contact us today to arrange a confidential consultation and get clarity about your options. --- ## Special Disability Trusts in Estate Planning: Helping Families Secure the Future of a Loved One with a Severe Disability URL: https://nurturelaw.com.au/special-disability-trusts-in-estate-planning-helping-families-secure-the-future-of-a-loved-one-with-a-severe-disability/ Type: post Modified: 2026-04-28 When planning for the future care and financial security of a loved one with a severe disability, many families face the challenge of balancing adequate support with preserving access to government benefits. Special Disability Trusts (SDTs) can be an effective solution. These trust structures allow families to safeguard assets while ensuring the long-term care of their loved one. What is a Special Disability Trust (SDT)? A Special Disability Trust is a trust structure established under federal legislation to help families and carers provide for the long-term care and accommodation needs of a person with a severe disability, without compromising government entitlements. SDTs offer unique social security concessions and asset test exemptions for the person with a disability (the beneficiary) and their immediate family members. They are specifically designed to encourage families to plan ahead for ongoing care and financial support. Key Features of an SDT Means Test Concessions:SDTs can hold up to a specific concessional amount—$781,250 for 2025–26 (indexed annually)—without affecting the beneficiary’s Centrelink or DVA entitlements. Capital Gains Tax (CGT) Exemption:Assets transferred into the trust by an immediate family member are exempt from CGT. Primary Purpose:The trust must be used primarily for the beneficiary’s care and accommodation, with limited discretionary spending. Trustee Requirements:SDTs must have at least two individual trustees, unless a professional trustee (e.g. solicitor, accountant, or licensed trustee company) is appointed. Strict Reporting & Compliance Obligations:SDTs are subject to Centrelink reporting, auditing, and financial obligations each year. Who is Eligible? To qualify as the principal beneficiary of an SDT, a person must meet the definition of having a severe disability under the Social Security Act. For individuals aged 16 years and over: Must be eligible for the Disability Support Pension (DSP) or receive a DVA Invalidity Service Pension or Income Support Supplement; Must qualify for Carer Payment/Allowance if cared for by a carer, or live in a Commonwealth-State funded facility; Must be unable to work more than 7 hours per week at or above minimum wage. For individuals under 16 years: Must meet the criteria for a profound or severe disability, supported by assessments and health professional certifications, including an intense care rating under the Disability Care Load Assessment (Child) Determination 2020.   When Might an SDT Be Used in Estate Planning? SDTs are particularly valuable in the following situations: Planning for the future care of a child or adult child with a disability Allowing grandparents to leave an inheritance without affecting benefits Appointing an independent trustee to manage funds after death  Including the SDT in your Will so it takes effect after your passing Transferring a home into the trust for the beneficiary to live in, without triggering CGT   Including an SDT in Your Will There are several ways to incorporate an SDT into your estate plan: Include the SDT in your Will in full, ensuring it is automatically established at your death. Give your executor the discretion to create an SDT if your intended beneficiary qualifies at the time. Set up an SDT during your lifetime (inter vivos) and direct part of your estate to it via your Will. If you plan to rely on social security concessions, the trust must be established at the time of death (via a Will) or your Will must authorise your executor to create it. Timing Considerations There is a three-year window from the date of death to establish and fund an SDT. If the trust is set up and funded within this period, the inheritance will not affect the beneficiary’s Centrelink asset test. This timeframe allows executors to: Confirm eligibility Determine if the trust is appropriate Set up the trust Ensure compliance with Centrelink rules How Can Nurture Law Help? At Nurture Law, we guide families through this complex area by:✔️ Assessing whether an SDT is the right option✔️ Including the SDT (or option for one) in your Will✔️ Working alongside financial planners and accountants to create a comprehensive plan FAQs Can I set one up now, or only in my Will?You can establish an SDT during your lifetime or have it created in your Will. Your Will can also give your executor the option to create one later. Who controls the money?The trustee (not the beneficiary) manages the trust. You may choose family members, a professional trustee, or both. Can others contribute?Yes, immediate family members can contribute and receive CGT relief. Other contributors may not enjoy the same concessions. Can the funds be used for holidays or other expenses?Yes, but there is an annual cap (e.g. $13,000 for 2025–26) on discretionary spending. Most expenses must relate to care and accommodation. Contact Us If you are considering how best to provide for a loved one with a disability in your estate plan, contact Nurture Law today for clear and compassionate guidance. --- ## Jointly owned property and your Will – who inherits? URL: https://nurturelaw.com.au/jointly-owned-property-and-your-will-who-inherits/ Type: post Modified: 2026-04-28 It’s a common surprise when someone passes away and their family discovers that a house or investment property does not actually form part of the Will. The reason? It depends on how the property was owned. In Queensland (and across Australia), there a two main ways people can co – own property – joint tenancy and tenancy in common. The difference might sound technical, but it can have huge consequences for who inherits your share when you die. Whether you have a home with your partner, a parent, a sibling, or even a friend, it’s worth understanding how these two ownership types work and why it’s so important to check what’s on your property title. Why ownership type matters When you buy a property with someone else, your names both appear on the title. But behind the scenes, the law recognizes two very different kinds of ownership. Joint tenancy, where you both own the whole property together, not separate portions. Tenancy in common, where each person owns a specific chare, such as 50/50 or 70/30. The distinction matters because when one owner passes away, the law treats the property differently – regardless of what the Will says. Joint Tenancy – The “Right of Survivorship” If you and your co-owner hold the property as joint tenants, you both own the entire property together. There are no divided shares – you’re seen as one ownership unit. This means when one person dies, their share automatically passes to the surviving owner. This happens instantly, by law, through something called the right of survivorship. Importantly, it doesn’t form any part of your estate and can’t be gifted in your Will. The property goes directly to the other owner, no matter what your Will says. This type of ownership is most common for married or de facto couples who want their partner to automatically inherit their home without going through probate. Example: Sarah and Tom own their Brisbane home as joint tenants. When Sarah passes away, Tom automatically becomes the sole owner. Even if Sarah’s Will leaves “everything to my children”, the house still goes to Tom – because the joint tenancy overrides the Will. Tenancy in Common – Keeping Your Share Separate If you own a property as tenants in common, you each hold a distinct share. It might be equal, 50/50 or different (say, 60/40). The key difference is that your share forms part of your estate when you die. That means it can be left to someone else in your Will – your children, a partner, or even a trust. Example: Emma and her brother James own an investment property in Toowoomba as tenants in common, 50/50. If Emma dies, her share doesn’t automatically go to James, it goes according to her Will (for example her children). This type of ownership is common in investment arrangement or blended families, where each person wants control over what happens to their share. How to Check How You Own Property You don’t have to guess – you can easily check your ownership type by looking at your property title. In Queensland, you can order a copy of your title search the Queensland Titles Registry (now managed by Titles Queensland). The title document will say whether you hold the property “as joint tenants” or as “tenants in common”, and if the latter, what percentage each owner holds. If you aren’t sure, your solicitor or conveyancer can confirm it for you. It’s a small step that can prevent major confusion later. Why This Can Cause Problems in Wills Many people assume their share of the house will automatically be distributed under their Will – but if it’s owned jointly, that’s not the case. This misunderstanding can cause heartbreak and family conflict. For example: A parent might believe their share of the family home will go to their children, but if they hold it jointly with a new partner, it will pass entirely to the partner instead. In blended families, this can leave step – children unintentionally excluded In contrast, if the property is held as tenants in common, children from previous relationships can inherit their parent’s portion – but the surviving partner might not have full ownership of the home they live in. That’s why good estate planning looks at both your Will and your property ownership – they must work together. Changing the Ownership Type You can change the ownership type from joint tenancy to tenancy in common (or vice versa) if everyone agrees. This is called severing the joint tenancy. It’s done through a simple registration with Titles Queensland, often with help from a solicitor. You don’t need to sell the property to do this – it’s just a legal change in how ownership is recorded. People sometimes choose to sever a joint tenancy when They enter a new relationship and want to preserve inheritance rights for children from a previous marriage They want a share of an investment property to go to someone other than the co – owner They want more flexibility in their estate planning. It’s a smart idea to get legal and financial advice before making these changes. Practical Steps You Can Take Now If you’re unsure how your property is owned or what happens to it when you die, here’s what you can do. Check your title search (confirm if your property is joint tenancy or tenancy in common) Review your Will (does it match your ownership structure?) Talk to your partner or co – owner (Make sure you both understand the legal implications) Seek legal advice (especially if you’re in a blended family or own multiple properties) Your home is likely one of your biggest assets – and one of your most personal. Knowing whether you own it as joint tenants or tenants in common can make all the difference when it comes to who inherits it. A little time spent checking now can prevent big problems later. Whether you want your share to go to your partner automatically or to your children under your Will, the key is to make sure your property ownership matches your intentions. Because at the end of the day, estate planning isn’t just about who gets what – it’s about peace of mind for you, and fairness for the people you love. If you’re unsure how your property is owned, or whether your Will properly reflects your intentions, it’s worth seeking legal advice. At Nurture Law, we regularly help individuals and families review their property ownership and estate plans to ensure everything works together as it should. A simple review now can help avoid confusion, unintended outcomes, and family disputes in the future. If you would like guidance about your property ownership or updating your Will, our team would be happy to assist. --- ## Enduring Power of Attorney v Advanced Health Directive: What is the difference? URL: https://nurturelaw.com.au/enduring-power-of-attorney-v-advanced-health-directive-what-is-the-difference/ Type: post Modified: 2026-04-28 Most of us don’t like to think about a time where we might not be able to make our own decisions. But planning ahead isn’t about expecting the worst – it’s about making sure your wishes are respected, your loved ones aren’t left guessing, and your affairs are managed the way you want. In Queensland, two key documents help with this: an Enduring Power of Attorney (EPOA) and an Advanced Health Directive (AHD). Both are incredibly important, but they serve different purposes. Understanding the difference can make a big impact on your peace of mind and the wellbeing of those who care for you. What is an Enduring Power of Attorney? An EPOA is a legal document that allows you to appoint someone you trust – called your attorney – to make decisions for you if you cannot make them yourself. This can happen in the case of a serious injury, illness, or a mental decline. Your attorney does not have to be a lawyer, and as the person who is making this enduring power of attorney, you are referred to as the ‘principal’. Your attorney can make many decisions for you. This can include health matters, personal matters, and lifestyle decisions. This also involves decisions about support services, where and with whom you live, health care, and legal matters that do not have to relate to your financial or property matters.  Your attorney can also look after your financial matters like paying expenses, making investments, selling property, or carrying on a business. There is important information you must follow when choosing your EPOA. You can decide when your attorney(s)’ power to make decisions for financial matters begins. However, your attorney(s)’ power to make decisions for personal matters will always operate during times when you do not have capacity to make decisions about those matters.  The Queensland EPOA form can only be completed by an adult who has capacity to make an EPOA. This means you must fully understand the nature and effect of this document and the powers it gives and you must be making this document freely and voluntarily, not due to pressure from someone else. They key word here is enduring. This means it keeps working even after you lose the ability to make decisions yourself. Without and EPOA in place, your family might have to go through the Queensland Civil and Administrative Tribunal (QCAT) to be appointed as your decision maker. A process that can be stressful, slow, and expensive. What is an Advanced Health Directive? However, there are some limitations to having an AHD. An AHD cannot foresee every possible future medical situation. Decisions not explicitly covered will be made by healthcare professionals and substitute decision makers based on their understanding of your values and best interests. You cannot include instructions in an AHD that are illegal. For example, a request for euthanasia is not legally binding because it is against the law in many places. AHDs are not designed to address basic needs such a hygiene or food, they are intended to guide treatment decisions in specific medical situations. A limitation that many people forget is that the document is only effective if it is specific enough to provide clear guidance, so make sure when writing you are clear about what you want. There are also circumstances where AHDs may not be adhered to. If the events have drastically changed, or it requests futile or non – beneficial treatments, healthcare providers may not follow it if they believe the AHD conflicts with good medical practice. When does each document take effect? People often get confused about this, as both documents deal with decision making, but they both come into play at different time and in different ways.  Your EPOA takes effect when you specify – for example, immediately for financial matters or when you lose capacity. Your AHD takes effect only if you cannot communicate or make your own health decisions. Think about it this way: your EPOA is broader and ongoing; your AHD is specific to medical care. Together, they should cover almost every situation where you may not be able to speak or act for yourself. Choosing the right attorney Choosing an attorney is one of the most important decisions you will make. This should be someone who understand you and someone you absolutely trust – a family member, close friend or professional who understands your values and will act in your best interests. It is also wise to name a substitute attorney, in case your first choice cannot continue. Life changes – people move, fall ill, or pass away – so having a backup avoids future problems. Having more than one attorney can lead to conflict, decision-making deadlock, and legal issues if the attorneys are not able to agree or work together. Other problems include potential conflicts of interest, the risk of one attorney’s power being revoked, and the EPOA becoming invalid if it is not properly executed or if there are inconsistencies between documents. Unfortunately, some attorneys may mismanage their role. This could include using your money to pay their own expenses or selling your assets and keeping your money for themselves. Only appoint people you trust to look after your affairs. To be eligible to be an attorney, a person must: have capacity to make decisions they are appointed for, be 18 or older, not be your paid carer or not have been your paid carer in the past 3 years. (A paid carer is someone paid a fee or wage to care for a person, but not someone receiving a carer’s pension or benefit), not be your health provider, not be a service provider for a residential service where you live, not be bankrupt or taking advantage of the laws of bankruptcy, if appointed for financial matters. Where to keep and register your documents? Once your EPOA and AHD are signed and witnessed correctly, keep the originals in a safe but accessible place – such as with your solicitor or in a secure home folder. Give copies to your doctor, hospital, and your chosen attorney. In Queensland, currently an EPOA does not need to be registered unless it is used for property dealings, in which case it is registered in the Titles Queensland. An AHD does not get registered, but your GP or hospital should hold a copy so it can be accessed quickly in an emergency. If you wish for your document to be in My Health Record you can upload it via the website. Your document will be valid regardless of whether it is uploaded. You are also abled to have your EPOA uploaded to your Queensland Health electronic record. To do this, send a copy of your document to the Office of Advanced Care Planning. Some people keep a note in their wallet or phone saying they have an EPOA and AHD– please contact my attorney, in case of an emergency.   In summary, setting up and EPOA and an AHD isn’t just about paperwork – it is about giving yourself and your family clarity, confidence, and comfort. This is your voice when you cannot speak. It is your choice, protected by law. And most importantly, it is an act of care – for yourself and for the people who love you most. --- ## How Does Mediation Work in Estate Disputes – Finding Common Ground Without the Courtroom URL: https://nurturelaw.com.au/how-does-mediation-work-in-estate-disputes-finding-common-ground-without-the-courtroom/ Type: post Modified: 2026-04-27 When someone passes away, emotions can run high. Grief, memories, and money often mix, and even the closest families can find themselves disagreeing about what’s fair. Whether is about the Will, an inheritance, or how an estate is being managed, disputes can easily turn stressful and expense. That’s why mediation has become such an important part of resolving estate matters in Queensland – a way to sort things out without going to court. What is mediation? Mediation is a process where everyone involved in a dispute sits down with an independent mediator – a trained professional who helps the parties talk things through and reach an agreement. It’s not about judging who’s right and who’s wrong. The mediator doesn’t make decisions or take sides. Instead, they guide the conversation, help people communicate, and encourage solutions everyone can live with. In estate disputes, mediation might involve: Family members who disagree about what the Will means Step – children or partners who believe they’ve been left out Executors and beneficiaries with conflicting views on how the estate should be handled. The aim isn’t to win – it’s to find a practical, respectful way forward. Why Mediation Matters Court cases can take months or years. They’re expensive, stressful, and public. Mediation offers a gentler, faster, alternative. In fact, in Queensland, most estate disputes must go through mediation before they reach a courtroom. The courts encourage it because it works – many cases settle successfully without the need for a hearing. Mediation matters because it Saves time and legal costs Keeps control in the hands of the family, not a judge Preserves relationships that could otherwise be damages Allows creative solutions that a court can’t always order It gives everyone a chance to be heard – which, in many cases, is what people really want. When does mediation happen? Mediation usually happens after lawyers have exchanged information and both sides understand the basic issues. In Queensland for example, if someone makes a family provision claim (asking for a share of an estate), the court will often order the parties to attend mediation before any hearing takes place. But mediation can also happen earlier – even before formal court proceedings – especially when everyone agrees its worth trying to resolve things quickly and privately. It can be held in person, online, or even by phone, depending on the circumstances. Who is involved? A typical estate mediation involves: The mediator, who leads the discussion and keeps it respectful The parties – usually family members, beneficiaries, or executors Each person’s solicitor and barrister, who provides advice and helps negotiate Everyone meets in a neutral environment – sometimes around a table, sometimes in separate rooms with the mediator moving between them (this is called shuttle mediation) Benefits of Mediation in Estate Matters The benefits go far beyond saving money. Unlike court cases, mediation is confidential. What’s said in the room stays in there. You also decide the outcome, not the judge, and many disputes are solved in a day. It also allows families to maintain dignity and communication after conflict, and so the environment starts to heal and is far less intimidating than a courtroom. Mediation doesn’t erase grief or make loss easier – but it can make a painful situation more manageable, fair, and respectful. For families in conflict, it offers a way to talk, listen and rebuild understanding before things spiral into a legal battle. It turns the focus from “Who’s right” to “how can we move forward?” If you’re facing an estate dispute in Queensland, remember that you don’t have to face it alone. Mediation, guided by experienced professionals, can bring clarity and compassion at a time when both are badly needed. Because sometimes, the best outcome isn’t about winning – its about finding peace. If you are involved in an estate dispute and are unsure about your options, obtaining early legal advice can make a significant difference. At Nurture Law, we regularly assist families across Queensland to prepare for and participate in mediation, helping clients understand their rights while working towards practical and respectful outcomes. Our team takes a compassionate and collaborative approach, recognising that these disputes often arise during an already difficult time. If you would like guidance about mediation or support in resolving an estate dispute, please reach out to our team to discuss how we can help you move forward.   --- ## Navigating Estate Administration – “Life, Loss and Legacy” Podcast URL: https://nurturelaw.com.au/navigating-estate-administration-life-loss-and-legacy-podcast/ Type: post Modified: 2026-04-21 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: The Role of an Executor: Jordan and Kelly emphasize the significant responsibilities of an executor, including organizing the funeral, obtaining the death certificate, and managing the deceased’s assets and liabilities. The importance of timely administration and the potential challenges executors face are highlighted. Obtaining Probate or Letters of Administration: The discussion covers the need for a grant of probate or letters of administration, which formalizes the executor’s role and enables them to manage the deceased’s estate effectively. This process can vary across jurisdictions in Australia. Gathering Information: Executors often need to gather extensive information about the deceased’s assets and liabilities. This can involve contacting banks, share registries, and using services like the National Death Notification Service to notify relevant institutions of the death. Handling Assets and Liabilities: The podcast delves into the process of managing and disposing of assets, addressing debts, and ensuring all legal and financial obligations are met. Executors must also consider the beneficiaries’ preferences and any tax implications associated with retaining or selling assets. Challenges and Support: Administering an estate can be particularly challenging during a time of grief. The importance of seeking professional advice from lawyers, accountants, and financial advisors is emphasised to navigate complex situations effectively. 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: Early and thorough estate planning is crucial to avoid complications. Executors play a vital role and must be prepared for the administrative and emotional challenges. Professional advice is essential to navigate legal and financial complexities. Timely administration and clear communication with beneficiaries are critical to a smooth process. For more insights and to listen to Episode 6, visit the Life, Loss and Legacy podcast on Spotify. 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.  --- ## Why Updating an Existing Will Isn’t Always a Quick Fix URL: https://nurturelaw.com.au/why-updating-an-existing-will-isnt-always-a-quick-fix/ Type: post Modified: 2026-03-24 It’s a common question we receive from new enquiries: “We already have wills — we just need to update them.” On the surface, this sounds simple. Perhaps an executor has changed, a beneficiary needs to be added, or circumstances have shifted since the wills were prepared. However, estate planning is rarely as straightforward as making a small amendment to an existing document — particularly when that document was prepared by another law firm. At Nurture Law, we take a holistic approach to estate planning. This means that rather than simply editing an existing will, we undertake a full review of your circumstances and prepare a new estate plan that reflects your current situation and objectives. Estate Planning Is More Than Just a Will A will does not operate in isolation. It interacts with many other aspects of your life and financial affairs, including: Your family structure Your assets and how they are owned Superannuation and death benefit nominations Trusts and business structures Tax considerations Potential family provision claims Asset protection concerns Your wishes for guardianship and incapacity planning When a will is prepared, it is drafted with these broader considerations in mind. Changing one clause in isolation can unintentionally affect how the entire document operates. For this reason, a simple “update” can sometimes create unintended consequences. Why We Don’t Amend Another Lawyer’s Documents Each law firm uses its own precedents, drafting style and legal structure when preparing wills. At Nurture Law, we use carefully developed estate planning precedents that reflect current best practice in this area of law. These documents have been refined over many years to ensure they are robust, clear, and effective in practice. When we provide legal advice, we must be confident that the documents reflect our advice and meet our professional standards. Because of this, we do not amend wills drafted by another firm or provide advice based solely on another lawyer’s documents. Instead, we prepare a new will tailored to your circumstances. This ensures we can stand behind the documents we prepare and that your estate plan works as intended. A Fresh Review Can Be Valuable Many people are surprised to discover that their circumstances have changed significantly since their last wills were prepared. Over time, changes may occur such as: Marriage, separation or blended families New children or grandchildren Changes in asset ownership Business interests Changes in tax laws Evolving family dynamics A fresh review of your estate plan ensures these changes are properly addressed. What If You Only Want a Small Change? If you simply wish to make a minor amendment to your existing will, the most efficient option may be to return to the solicitor who originally prepared the document. They will be familiar with the structure and drafting of your will and may be able to assist with an amendment. However, if you would like a comprehensive review of your estate plan and the preparation of new documents tailored to your current circumstances, our team would be delighted to assist. Estate Planning Done Properly Estate planning is one of the most important legal processes you will undertake. Done properly, it can protect your loved ones, minimise conflict, and ensure your wishes are carried out. Taking the time to review and prepare a well-structured estate plan can provide significant peace of mind. If you would like to discuss your estate planning needs, please contact the Nurture Law team.   --- ## Should I Use AI to Write My Will? URL: https://nurturelaw.com.au/should-i-use-ai-to-write-my-will/ Type: post Modified: 2026-03-04 Should I Use AI to Write My Will? Artificial intelligence is everywhere right now. It can draft emails, summarise meetings, generate business plans and even write poems. So it’s not surprising that many people are asking: “Can I just use AI to write my Will?” It’s an important question — and the answer isn’t as simple as yes or no. Let’s unpack it. What AI Can Do Well AI tools are very good at: Explaining what a Will is Providing general information about estate planning Generating a basic template Prompting you to think about who you want to appoint as executor or guardian Highlighting common issues people overlook If you’re starting from scratch, AI can help you think through the questions you need to answer. But there’s a very big difference between information and legal advice. The Risk of “Good Enough” A Will is not just a document. It is: A legal instrument governed by strict legislation A risk management tool A tax planning tool A family relationship protection strategy A document that only gets tested when you’re no longer here to clarify your intentions When something goes wrong with a Will, it doesn’t cause inconvenience. It causes: Family disputes Delays in administration Increased legal fees Emotional strain Litigation Estates being significantly depleted We see this every day in estate disputes. Often, the issue started with a “simple” Will. AI Doesn’t Know Your Family AI can draft clauses. It cannot: Assess the likelihood of a family provision claim Identify blended family risks Understand the dynamics between siblings Consider capacity concerns Detect coercion or undue influence Evaluate superannuation structuring Advise on asset protection Structure testamentary trusts properly for tax effectiveness Tailor advice to Queensland succession law (which changes) Most importantly, AI does not sit across the table from you and ask: “Tell me about your family.” And that’s where the real work happens. The Illusion of Simplicity Many people believe their situation is “straightforward.” Married. Two kids. House. Super. Simple. But consider: What if one child separates in the future? What if one child is financially vulnerable? What if one child predeceases you? What if your spouse remarries? What if a beneficiary has a disability? What if you die while your children are still minors? Good estate planning anticipates what might happen – not just what is happening now. AI drafts for the present. Experienced estate planning lawyers plan for the future. The Legal Requirements Matter In Queensland, a Will must: Be in writing Be signed correctly Be witnessed correctly Demonstrate testamentary capacity Reflect knowledge and approval If these elements are not properly satisfied, your Will can be challenged — or declared invalid. AI cannot supervise execution. AI cannot assess capacity. AI cannot give evidence in court about your instructions. Your lawyer can. Where AI Might Have a Place We are a technology-enabled firm. We embrace innovation. AI can absolutely assist with: Education Initial brainstorming Understanding terminology Preparing questions before your appointment But it should not replace tailored legal advice when: You have a blended family You own a business You have significant superannuation You want testamentary trusts You are concerned about asset protection You wish to minimise dispute risk You care about getting it right Which, realistically, applies to most adults. The Real Question The better question isn’t: “Can AI write my Will?” It’s: “What is the cost of getting this wrong?” A professionally prepared Will is not just a document. It is: Peace of mind Risk mitigation Clarity for your executors Protection for your beneficiaries A strategy to preserve family relationships Your Will speaks when you no longer can. That voice should be clear, legally sound and carefully considered. A Compassionate, Practical Approach At Nurture Law, we believe estate planning should be: Clear Thoughtful Strategic Future-focused Delivered with kindness Technology is a wonderful tool. But your legacy deserves more than a template. If you’re wondering whether your current Will is sufficient — or whether an AI-generated document would protect your family — we’re always happy to have that conversation. Because getting it right now protects the people you love later.   --- ## Why a “simple Will” often isn’t simple at all URL: https://nurturelaw.com.au/why-a-simple-will-often-isnt-simple-at-all/ Type: post Modified: 2026-02-23 Have you ever said, “I just need a simple Will”? It’s one of the most common phrases we hear, and it makes perfect sense. Most people aren’t trying to create anything complicated. They just want something sensible, affordable and done properly. The problem? What sounds “simple” on the surface often turns out to be anything but. Let’s talk about why. What people usually mean by “simple” When someone asks for a simple Will, they often mean: “Everything goes to my partner” “My kids can split it evenly” “I don’t have many assets” “My situation isn’t complicated” On paper, that can look straightforward. But Wills don’t operate on paper, they operate in real life, after you’re gone, when circumstances have often changed and emotions are high. That’s where the complexity creeps in. Life rarely stays simple A Will might be signed today, but it may not take effect for decades. In that time, a lot can change: Relationships break down or new ones form Blended families evolve Children become adults (or don’t have capacity) Assets are sold, inherited or restructured Superannuation and insurance arrangements change Laws change A Will that was “simple” at the time it was made may no longer work as intended, or worse, may cause confusion, disputes or unintended outcomes. The hidden traps in “simple” Wills Some of the biggest problems we see come from Wills that were meant to be simple but didn’t properly consider things like: Who dies first (or if people pass away close together) What happens if a beneficiary can’t inherit How superannuation is dealt with (it doesn’t automatically follow your Will) Guardianship of minor children Who controls the money for children and when Asset protection for beneficiaries who might be going through divorce, are disabled, have problems with addiction or financial problems What happens if your executor can’t act Making appropriate provision for their blended family Tax consequences Succession planning for businesses or trusts When these issues aren’t addressed, families are often left trying to interpret intentions, fill in gaps, or apply to the Court, all at a time when they’re grieving. “Simple” doesn’t mean cheap in the long run A Will that’s too simplistic or poorly drafted might save a bit of money upfront, but it can cost far more later. We regularly see estates where: Executors need legal advice just to work out what the Will means Beneficiaries disagree on interpretation Applications to the Supreme Court become necessary Delays stretch on for months (or years) Ironically, the more “simple” the Will, the more likely it is that someone else has to sort out the complexity later. A good Will feels simple because the thinking has already been done The goal of a well-prepared Will isn’t to make things complicated. It’s the opposite. A good Will: Anticipates common scenarios Gives clear instructions Reduces ambiguity Minimises the risk of disputes Makes life easier for the people you leave behind It often looks simple when it’s finished but that’s because the complexity has been carefully worked through before it ever needs to be used. Simple intentions still deserve thoughtful planning Wanting a “simple Will” isn’t wrong. Wanting clarity, efficiency and peace of mind is completely reasonable. The key is making sure your Will is fit for your life, not just your asset list. Because when it comes to estate planning, “simple” isn’t about how short the document is, it’s about how smoothly things run when it matters most. If you’d like help understanding what a Will should cover for your circumstances, we’re always happy to have a conversation, no legal jargon, no pressure, just clarity. --- ## 5 things every parent should include in an estate plan URL: https://nurturelaw.com.au/5-things-every-parent-should-include-in-an-estate-plan/ Type: post Modified: 2026-02-03 As a parent it is important to understand the complications that can occur if you don’t have a proper estate plan in place.  Just having a will isn’t enough to ensure your children are cared for in the event you are incapacitated. When you have children, estate planning stops being about you and starts being about them. Many parents put it off because life is busy, the kids are young, or it all feels a bit confronting.  But having an estate plan in place is one of the most practical and loving things you can do for your family. Here are five key things every parent should consider including in their estate plan. A valid, up-to-date Will A Will is the foundation of any estate plan, but for parents, it does more than decide “who gets what”. Your Will can: appoint guardians for your children set out how assets are managed for them provide clarity and reduce stress for the people you leave behind Without a Will, or with an outdated one, decisions about your children and assets may be made according to rigid legal rules, not your wishes. If your family circumstances have changed (new children, blended families, business interests, or property purchases), it’s important your Will reflects that. Guardianship arrangements for children under 18 One of the most important (and often overlooked) parts of estate planning for parents is who would care for your children if you couldn’t. In your Will, you can nominate guardians, people you trust to raise your children in line with your values. Choosing guardians isn’t just about who loves your children. It’s also about: practical capacity values and parenting style family dynamics where they live Clear guardianship nominations can prevent uncertainty, family conflict, and distress at an already difficult time. A plan for how your children will receive their inheritance Children cannot legally control their inheritance until they turn 18 and in many cases, giving full access at 18 isn’t ideal. An estate plan can include: trusts to hold assets for children appointing trustees to manage such trusts ages or stages at which funds are released guidance for how money can be used (education, health, housing) This doesn’t mean being controlling, it means being protective and thoughtful. A well-structured plan helps ensure your children are supported, not overwhelmed, by their inheritance. Enduring Powers of Attorney Estate planning isn’t just about death, it’s also about what happens if you’re alive but can’t make decisions. Enduring Powers of Attorney allow you to appoint trusted people to make: financial decisions personal and lifestyle decisions For parents, this is crucial. If you were injured or unwell, someone may need to: access money to support your children make urgent decisions on your behalf manage day-to-day financial matters Without these documents, families often face delays, stress, and the need for tribunal involvement. A plan that reflects your real family life (not just your assets) Many parents assume estate planning is simple because they “don’t have much”. In reality, complexity often comes from: blended families superannuation and insurance family trusts or companies differing needs between children A good estate plan looks at your whole picture, your family dynamics, your responsibilities, and your future risks, not just a list of assets. This is where tailored advice makes a real difference. Estate planning isn’t about expecting the worst, it’s about creating certainty, protection and calm for the people you love most. If you have children, having a clear and thoughtful plan in place can make all the difference for their future. If you’re not sure where to start, or whether your current documents still fit your family, getting advice early can help you plan with confidence. --- ## What happens when someone dies without a Will? URL: https://nurturelaw.com.au/what-happens-when-someone-dies-without-a-will/ Type: post Modified: 2026-01-14 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 stipulate who can apply for Letters of Administration. Typically, the deceased’s next of kin applies for letters of administration. The death of a family member is an emotionally charged time, especially for those sorting out the affairs of the deceased. As experienced estate lawyers, we know the relevant Court rules and processes to obtain a grant of letters of administration to make things easier for you. Check out our fixed fees to obtain letters of administration or book a free chat if you have any questions.      --- ## What is probate? Why do I need probate? URL: https://nurturelaw.com.au/what-is-probate-why-do-i-need-probate/ Type: post Modified: 2026-01-14 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 they will release funds to the executor when bank account balances exceed a certain sum of money. This sum differs from bank to bank.  Additionally, it is advisable to obtain probate as it offers executors protection from liability if someone subsequently challenges the validity of the will or a later will is found. As part of the probate process, a notice to creditors is also published which gives further protection from liability to the executor when distributing the estate.   The death of a family member or friend is an emotionally charged time, especially for those sorting out the affairs of the deceased. As experienced wills and estate lawyers, we know the relevant Court rules and processes to obtain a grant to make things easier for you. Check out our fixed fees to obtain probate or book a free chat if you have any questions about probate.    --- ## Stuck deciding who your executor should be? URL: https://nurturelaw.com.au/stuck-deciding-who-your-executor-should-be/ Type: post Modified: 2026-01-14 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, trustee of a family trust or superannuation fund. It is important that you appoint someone you trust to carry out your wishes, who will be able to lead the process and efficiently attend to the administration of your estate. It is also wise to appoint someone who will get along with your beneficiaries as they will need to communicate with them well to successfully administer your estate. If you want to appoint more than one executor, you should consider whether they will be able to cooperate with one another. If executors don’t get along, it is likely the estate administration will be delayed, and further costs will be incurred by your estate. In Queensland you can have up to four executors, however, that’s a lot of potential competing views which could delay the estate administration. You can appoint backup executors in the event your first executors die before you or are unable to act. Executors can be relatives or friends who are over 18 years of age. Executors can be beneficiaries named in your will. In deciding who to appoint, you should think about their age and the likelihood of them outliving you. If they are unlikely to outlive you, you should have a backup executor. Executors can also be professionals such as a lawyer or a trustee company. However, lawyers and trustee companies charge for their services whereas family and friends usually act without payment and have a better understanding of your family. If your executors are relatives or friends, part of their job might be to engage professionals such as lawyers and accountants to help them with the estate administration. These professionals will be paid out of your estate. Your executor can choose to engage professionals for specific tasks and do other tasks themselves, saving your estate money. We recommend that you speak with your proposed executor/s before deciding to appoint them in your will to make sure they are willing and able to take on the job. Executors will also need to know where your will is stored in the event of your death. If you’re unsure about who to appoint as your executor, having a chat to an experienced wills and estate lawyer might help you to make that decision. Book a Free Chat to get started on your estate planning or call us on 07 3174 5730. --- ## Three ways a will can be challenged URL: https://nurturelaw.com.au/three-ways-a-will-can-be-challenged/ Type: post Modified: 2026-01-14 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 the rules of intestacy (these are the rules that apply when someone dies without a will). Who is eligible to make a family provision application? Children including minor and adult biological children, stepchildren and adopted children Spouses including husbands / wives, de facto partners, civil partners Dependent former spouses Dependants who are parents of the deceased, a parent of a minor child of the deceased or a person under 18 who were dependant on the deceased at the time of their death Are there any time limits? In Queensland there are time limits that apply to family provision applications. Written notice of the intended application must be given to the executor or administrator within 6 months of the deceased’s death and the application must be commenced in court within 9 months of the deceased’s death. How does the court decide family provision applications? There are several factors that are considered when determining family provision applications. These include: The size of the estate The circumstances (financial and health) and needs of the applicant The applicant’s relationship with the deceased Whether the applicant contributed to the building up of the deceased person’s estate Whether the applicant provided care and support to the deceased Whether there are any other competing claims on the estate The circumstances and needs of the beneficiaries There is no mathematical formula to determine family provision applications and each case is determined on the facts. Family provision legislation is widely debated because on the one hand people should have freedom to make a will how they wish but on the other hand the law says that we have a moral obligation to adequately provide for vulnerable family members. Family provision applications can end in contested court litigation and cause family disharmony, however, with the right advice and early negotiations, it is possible to avoid lengthy legal proceedings and breakdown in relationships. 2. Lack of capacity If someone has concern about the validity of the deceased’s will, they may seek to challenge the validity of the will on the basis that deceased lacked capacity to make the will. Frequently claims about the validity of the deceased’s will are raised alongside family provision applications. Wills are presumed to be valid so long as they meet the formal requirements of a will (i.e. signed and witnessed correctly). This presumption may be able to be overturned if there is evidence the deceased did not have sound mind, memory or understand of their will or know and approve of the contents. As our population is living longer, there is greater vulnerability to mental and physical disease such as Alzheimer’s disease and dementia and challenges to the validity of wills are becoming more common. 3. Undue influence, coercion, fraud or suspicious circumstances Disappointed persons may also seek to challenge the validity of a will on the basis: the deceased was unduly influenced or coerced into making their will; that deceased’s will was made fraudulently; or there were suspicious circumstances (e.g. the person who prepared the will benefits under the will). To be successful in a claim of undue influence, the evidence must prove the will being challenged was not the free and voluntary act of the deceased. If you wish to challenge the validity of a will of a deceased person or are an executor defending a claim, you should obtain advice from a lawyer as steps may need to be taken quickly to protect your interests. If you’re considering making a claim, book in an obligation-free chat or call us on 07 3174 5730 to obtain an assessment of your claim. If you’re an executor, book in an obligation-free chat or call us on 07 3174 5730 to discuss your duties and steps you should take in defending any claim against the estate. --- ## Your Role as an Executor: What to Focus on Immediately After a Death URL: https://nurturelaw.com.au/your-role-as-an-executor-what-to-focus-on-immediately-after-a-death/ Type: post Modified: 2026-01-14 Being appointed as an executor of a loved one’s estate is a significant responsibility, especially during the emotionally difficult time following their death. Executors play a vital role in ensuring the deceased’s wishes are carried out and that the estate is managed correctly. Here’s a guide to help you navigate the first few weeks after someone’s passing. Locate the Will and Understand Your Role The first step is to locate the deceased’s original will, as it will outline your responsibilities and provide instructions on funeral arrangements and estate distribution. Make sure the will remains in its original condition, and if you are unsure of any aspects, consider seeking legal advice early on. Make Immediate Arrangements Organise the Funeral: If funeral arrangements aren’t specified in the will or letter of wishes, coordinate with family members to plan the service. The costs are typically covered by the estate. Arrange Care for Dependants and Pets: Ensure any dependants or pets are cared for and that their immediate needs are met. Secure the Deceased’s Property: Make sure that the deceased’s home and belongings are safe and that insurance is up-to-date. Register the Death and Obtain the Death Certificate A death certificate is essential for managing the estate, closing accounts, and dealing with government agencies. Register the death with the relevant authorities as soon as possible. Notify Relevant People and Organisations It is crucial to notify family, friends, and institutions about the death. This includes government agencies like the Australian Tax Office, Medicare, banks, insurance companies, and utility providers. Using services like the Australian Death Notification Service can simplify this process by allowing you to inform multiple organisations at once. Gather Information About the Deceased’s Assets and Debts As executor, you need to identify all assets and liabilities associated with the estate. This may include bank accounts, real estate, investments, debts, superannuation, and life insurance policies. Gather documentation for all these items. Determine if Probate is Required Probate is a legal process where the Supreme Court of Queensland recognises the executor’s right to administer the estate. Probate may be necessary if the deceased had significant assets, such as property or large bank balances. Applying for probate also provides protection from liability if there are disputes over the will. Seek Professional Advice Handling an estate can be complex, especially when it involves legal, tax, or financial issues. Consulting professionals, such as lawyers and accountants, can help you navigate the process and avoid potential pitfalls. Their fees can usually be paid from the estate. Establish an Estate Bank Account To manage estate funds separately, consider setting up an estate bank account. This account is used to collect funds, pay debts, and distribute inheritances. Communicate with Beneficiaries Keep beneficiaries informed about the progress of the estate administration. Open communication can help prevent misunderstandings and manage expectations regarding timelines and distributions. Be Aware of Timeframes for Claims Against the Estate In Queensland, eligible people can make claims against the estate. It is important that executors don’t distribute the estate within certain timeframes to prevent personal liability for any claims that may arise. Legal advice should be obtained in this regard. At Nurture Law, we understand that managing an estate can be overwhelming. Our experienced team is here to guide you through every step, offering fixed-fee services, clear communication, and compassionate support to make this challenging time a little easier. For more information, contact us at hello@nurturelaw.com.au or visit www.nurturelaw.com.au DOWNLOAD OUR FREE GUIDE FOR EXECUTORS --- ## Current Vacancies URL: https://nurturelaw.com.au/current-vacancies/ Type: page Modified: 2026-01-07 Receptionist/Administration Assistant Apply Now Join Our Growing Team as a Receptionist/Administration Assistant (Full-Time)Shape Your Career with Nurture Law Our boutique Wills and Estates firm in Forest Lake is searching for a Receptionist/Administration Assistant. While this role is ideally full-time, we are open to part-time for the right candidate. If you have prior experience in a similar role within a law firm or office environment, and you’re looking to join a supportive and innovative workplace where your contribution truly matters, this could be the perfect opportunity for you. Who Are We? At Nurture Law, we believe in providing exceptional legal support while keeping empathy, integrity, and innovation at the core of everything we do. Our practice areas include Estate Planning, Probate and Estate Administration, Estate Disputes, and Elder Law. Our principal, Kelly Gatehouse, is a recognised leader in her field, fostering a collaborative and supportive environment that empowers each team member. Why You’ll Love Working With Us: Amazing Team Culture – We’re a friendly and energetic team dedicated to delivering exceptional service while breaking the mould of traditional law firms. Real Experience – Work alongside experienced lawyers and contribute to meaningful cases that shape the lives of our clients. Convenient Location – Our Forest Lake office (with stunning lake views) is just 30 minutes from Brisbane’s CBD. Growth Opportunities – We’ll provide the mentorship, training, and tools you need to thrive and grow your career. Technology & Innovation – We leverage technology to simplify legal processes for our clients and staff. Work-Life Balance – We value your time and ensure flexibility to balance work with personal life. The Role: We’re seeking someone who is reliable, organised, and confident in both communication and client interaction. You will be the first point of contact for our clients and play a key role in ensuring the smooth running of the office. Key Responsibilities: General reception duties, answering phones, greeting and onboarding clients Diary management General daily office and administrative tasks Mail and banking Safe Custody management Drafting legal documents, correspondence, and client communications Assisting with estate planning, including Wills, Powers of Attorney, and estate administration matters Supporting lawyers with court documents, research, and file management Liaising with clients, financial advisors, and external stakeholders Conducting legal research and preparing case summaries Managing deadlines, calendars, and client follow-ups About You: Prior experience in reception/administration (law firm or office environment preferred) Professional, mature, and well-presented Strong attention to detail and organisational skills Excellent written and verbal communication Confident phone manner Computer skills including competency with Microsoft Suite and Practice Management Systems (Smokeball desirable) Proactive, reliable, and able to work autonomously as well as in a team Willingness to learn Drivers licence Perks & Benefits: Competitive remuneration based on experience Mentoring and regular training to support your professional growth Networking and social events A modern, innovative workplace culture that values you If you’re excited about this opportunity, we’d love to hear from you! Please complete our online questionnaire and upload your resume and cover letter. Apply now and join our nurturing and innovative team! Apply Now --- ## DonateLife Week: A time to Talk About Organ Donation URL: https://nurturelaw.com.au/donatelife-week-a-time-to-talk-about-organ-donation/ Type: post Modified: 2025-10-27 DonateLife Week is a national initiative that encourages Australians to have a life-saving conversation – the conversation about organ and tissue donation. Running from Sunday 28 July to Sunday 4 August 2025, this annual awareness week invites all of us to reflect on the power of giving a gift that can transform or even save a life.  At Nurture Law, we often guide families through some of life’s most important decisions. We believe that just as we plan for our wills and estate matters, it’s equally vital to think about our wishes regarding organ and tissue donation.  Why Organ Donation Matters  More than 1,800 Australians are currently on transplant waiting lists. Just one organ and tissue donor can transform the lives of many – giving someone the chance to live, to see their children grow, or to pursue dreams that would otherwise not be possible.  Yet, despite the impact one donor can make, many Australians remain unregistered, and in some cases, their families aren’t aware of their wishes. That’s why DonateLife Week is a time to act – to register and to talk.  Things to Consider About Organ Donation  As you reflect this DonateLife Week, here are some important considerations:  Register Your Decision Don’t assume you’re automatically on the organ donor register. In Australia, you need to register your consent on the Australian Organ Donor Register. It only takes a minute, but it can make all the difference.➡️ Register now Have the Conversation Let your loved ones know your decision. Families play a critical role in organ donation – if they’re not sure of your wishes, they may decline donation. A short conversation today can give them clarity and confidence in the future.  Understand the Scope Organ donation isn’t limited to the heart or lungs – it can also include kidneys, liver, pancreas, corneas, and tissues such as bone and skin. Every part can be life-changing to someone in need.  Incorporate It Into Your Estate Planning While registering your decision is the official step, you may also wish to include your wishes in your Advance Health Directive or Enduring Power of Attorney documents. At Nurture Law, we can help ensure these preferences are clearly documented alongside your broader estate plan.  It’s a Legacy of Compassion Choosing to become a donor is an act of profound generosity. It speaks to our values, our desire to help others, and our hope to leave a legacy of love and kindness.  How Nurture Law Can Help  We understand that conversations about end-of-life wishes can feel difficult – but they are also incredibly empowering. Whether you’re updating your estate plan, appointing decision-makers, or drafting an Advance Health Directive, we are here to guide you with compassion and clarity.  Let’s use DonateLife Week 2025 as a reminder to not just think about organ donation – but to take action. Register. Talk. Plan. And encourage others to do the same.  Because when it comes to saving lives, every conversation counts.  For more information or support with including your wishes in your legal documents, please reach out to the Nurture Law team. We’re here to help you make informed, confident decisions for the future.  --- ## Understanding Tax Obligations in Estate Administration URL: https://nurturelaw.com.au/understanding-tax-obligations-in-estate-administration/ Type: post Modified: 2025-10-27 Administering a deceased estate is a significant responsibility. As an executor or administrator, you’re tasked with ensuring that the estate is properly managed, including its legal and financial affairs. One of the most crucial aspects of this process is meeting tax obligations. While it might feel overwhelming, being informed and supported by the right professionals can make a world of difference.  Your Role as Executor or Administrator  When someone passes away, their tax responsibilities don’t end with them. It becomes the role of the executor or administrator to ensure all outstanding tax matters are resolved, both those owed by the deceased and any new obligations that arise during the administration of the estate.  Common Tax Obligations in Estate Administration  Here are some key areas you may need to be across:  Final Individual Tax Return (Date of Death Return) Also known as the “date of death return,” this covers the period from 1 July to the date of death. Depending on the deceased’s income, you may be required to lodge this final return. If the deceased did not earn income or was not previously required to lodge tax returns, you might instead need to submit a “non-lodgement advice.”  Estate’s Tax File Number (TFN) If the estate continues to earn income after death, such as rent, interest, or dividends, you may need to apply for a separate TFN for the estate. For tax purposes, the estate becomes a “trust” and may need to lodge annual tax returns until administration is complete. Trust Tax Returns Should the estate receive income during the administration period, annual trust tax returns are required. These returns report income such as bank interest, rent, and investment earnings. Executors may also need to manage tax on distributions made to beneficiaries.  Capital Gains Tax (CGT) CGT may apply if estate assets, like shares or real estate, are sold. However, exemptions or rollover relief may apply depending on timing and circumstances. It’s essential to consider CGT implications early to ensure correct handling.  Superannuation Death Benefits The tax treatment of superannuation death benefits can vary. Factors include whether the payment goes directly to a beneficiary or via the estate, and whether the recipient is considered a “dependent” under tax law. This is a complex area and requires professional guidance.  Important Cautions  Executors and administrators should be aware that:  They may be personally liable for unpaid tax debts if they distribute estate funds before ensuring all obligations are met.  Accurate recordkeeping is essential, log all income, expenses, and distributions made from the estate.  Early advice is key. Delays in addressing tax obligations can result in penalties or interest.  We’re Here to Support You, But Not with Tax Advice  While Nurture Law specialises in estate planning and administration, we do not provide tax or financial advice. That said, we work closely with accountants and other professionals and are happy to help coordinate these matters on your behalf. If you need a referral to an accountant who understands deceased estates, just let us know.  Need Support Administering an Estate?  At Nurture Law, we offer practical guidance and compassionate support through every step of estate administration. While we’ll leave the tax advice to the accountants, we’ll be right beside you to help manage the process.  Reach out today to learn how we can support you and your loved ones.  --- ## Portable Life Interest: A Flexible Estate Planning Tool URL: https://nurturelaw.com.au/portable-life-interest-a-flexible-estate-planning-tool/ Type: post Modified: 2025-10-27 Estate planning is about more than just deciding who gets what—it’s about ensuring loved ones are supported while preserving wealth for future generations. One tool that can help achieve this balance is a portable life interest. This arrangement provides housing security for a surviving spouse or dependent while allowing flexibility to accommodate changing circumstances. What is a Portable Life Interest? A portable life interest is a legal structure that grants a person (the life tenant) the right to benefit from a specific asset, such as a home, for their lifetime. Unlike a fixed life interest, a portable life interest allows the life tenant to relocate or substitute the property under certain conditions. When the life tenant passes away, the asset (or its substitute) is transferred to the designated remainder beneficiaries—often the deceased’s children. This structure can be particularly useful in blended families, where a testator wants to provide for a surviving spouse while ensuring that assets ultimately pass to their children from a previous relationship. How Does a Portable Life Interest Work? A property is placed into a trust under a will. The life tenant has the right to live in or receive income from the property. If the life tenant decides to move (e.g., downsizing or relocating), the property can be sold, and the proceeds used to purchase a substitute asset. The life tenant does not own the property outright, meaning they generally cannot sell or gift it to another person. Upon the life tenant’s death, the property (or its substitute) is transferred to the remainder beneficiaries. Example: How a Portable Life Interest Works in Practice Scenario 1: Jane’s Life InterestJane’s husband, Mark, passes away and leaves their family home in a portable life interest trust for Jane. Jane can live in the home for as long as she wishes. If she later decides to downsize, she can sell the home and use the proceeds to buy a smaller unit. This unit remains part of the trust and cannot be passed to Jane’s own beneficiaries. Upon Jane’s passing, the unit (or its value) is transferred to Mark’s children, as specified in his will. Scenario 2: Joint Ownership with a Life InterestJohn and Mary own their home as tenants in common, each with a 50% share. When John dies, his will grants Mary a life interest in his share, with his children as the remainder beneficiaries. Mary owns her half outright and can live in the property for life. If she chooses to sell, she can retain the proceeds from her half, while John’s 50% remains in trust. The trust may use these proceeds to buy another home for Mary’s use, preserving John’s share for his children. Key Considerations and Challenges While a portable life interest offers flexibility and security, it comes with certain complexities: 1. Restrictions on Use The life tenant does not have full ownership and cannot gift or bequeath the property. Any sale or substitution may require trustee or beneficiary consent. 2. Ongoing Costs and Responsibilities The life tenant is usually responsible for rates, maintenance, and insurance. Disputes may arise over who pays for major repairs. 3. Family Disputes Conflicts can emerge between the life tenant and remainder beneficiaries regarding: Selling the property Investment decisions Maintenance and financial obligations 4. Centrelink and Tax Considerations A portable life interest may impact pension eligibility. Capital Gains Tax (CGT) implications arise if the property is sold and replaced, depending on tax exemptions and trust structures. Trustees should consider CGT rollover provisions and seek professional advice. 5. Risk of Estate Disputes A surviving spouse may contest the will if they feel a portable life interest is insufficient for their needs. Courts consider financial need, the estate’s size, and the deceased’s obligations. Alternative strategies (e.g., direct financial support) may sometimes be more appropriate. 6. Aged Care and Accommodation Costs If a life tenant moves into aged care, funding a Refundable Accommodation Deposit (RAD) can be challenging. The RAD is refunded to the life tenant’s estate upon their passing, not the trust, which may create unintended estate distribution issues. Alternatives to a Portable Life Interest Depending on the family’s circumstances, other estate planning tools might be preferable: Fixed Life Interest or Right to Reside – A simpler option where the life tenant stays in the home but cannot substitute it. Gift with Conditions – The property is given to a beneficiary outright, with an agreement allowing the surviving spouse to stay for a set period.Life Interest with Capital Access – A trust that allows the life tenant access to some capital if needed.Superannuation & Life Insurance – Instead of using a property-based structure, financial support can be provided through superannuation or insurance.Mutual Wills or Contractual Will Agreements – Ensures assets pass to intended beneficiaries while supporting a surviving spouse.Shared Ownership – Leaving the property to both the spouse and children as tenants in common rather than using a life interest. A portable life interest can be an effective estate planning tool, offering a balance between housing security and asset preservation. However, it is not a one-size-fits-all solution. Careful drafting and legal advice are crucial to: Minimise disputes between life tenants and remainder beneficiaries Ensure financial and tax implications are properly managed Provide sufficient support for a surviving spouse or dependent If you are considering incorporating a portable life interest into your estate plan, seeking expert advice is essential to tailor a strategy that meets your unique needs. For specialist estate planning advice, contact Nurture Law today. --- ## How Marriage and Divorce Affect Your Will in Queensland URL: https://nurturelaw.com.au/how-marriage-and-divorce-affect-your-will-in-queensland/ Type: post Modified: 2025-10-27 In Queensland, significant life events such as marriage and divorce can profoundly impact the validity and contents of your will. Understanding these effects is crucial to ensure your estate planning accurately reflects your current intentions and complies with State legislation. Marriage and Its Impact on Your Will Under the Succession Act 1981 (Qld), marriage generally revokes a pre-existing will unless the will explicitly states that it was made in contemplation of that marriage. This means that if you marry after creating a will, and the will does not mention the upcoming marriage, the entire will is typically considered void (subject to a few exceptions). Consequently, your estate would be distributed according to Queensland’s intestacy laws, which may not align with your personal wishes. Exceptions to Revocation by Marriage There are specific provisions in the Succession Act 1981 (Qld) that are not revoked by marriage: Gifts to the person you marry, provided they are your spouse at the time of your death. Appointments of your spouse as executor, trustee, or guardian. These exceptions apply only if the spouse holds that status at the time of your passing. Divorce and Its Impact on Your Will Divorce also affects your will, but differently. In Queensland, when a person makes a will and then later divorces, any provision appointing their former spouse as executor, trustee, and/or guardian will be revoked and taken to have been omitted from the will. Also, any gifts to that person are revoked and the will is treated as though the former spouse died before the will maker. Separation Without Divorce It’s important to note that mere separation without a formal divorce does not alter the terms of your will. During the separation period, your spouse remains entitled to any benefits or roles assigned in your will. Therefore, if you wish to change these provisions during separation, you must actively update your will. In a recent episode of the ‘Divorce Down Under’ podcast, I joined host Mat Walker, discussing the critical importance of updating wills and estate plans during and after divorce. We highlighted common misconceptions about wills and emphasised the unique challenges faced by individuals in de facto relationships compared to those who are married. Also underlined the value of treating legal advice as an investment in future security. Why invest in insurance to protect your assets while you’re alive, yet neglect to secure them for your loved once after you’re gone? Link to YouTube Recommendations for Will Management To ensure your will remains valid and reflective of your current wishes: Review your will after marriage, separation or divorce: significant life changes necessitate a thorough review of your estate planning documents. Consult a legal professional: engage with a solicitor experienced in Queensland’s succession laws to guide you through the process and ensure compliance with current legislation. Regular updates: even without major life events, it’s prudent to review your will periodically to account for changes in assets, relationships, or personal preferences. By proactively managing your will in response to life changes, you can ensure that your estate is distributed according to your wishes and that your loved ones are adequately provided for.  --- ## Do I need to update my will after separation or divorce? URL: https://nurturelaw.com.au/do-i-need-to-update-my-will-after-separation-or-divorce/ Type: post Modified: 2025-10-27 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: You might be surprised to learn that separation (unlike divorce) does not revoke your will or enduring power of attorney (EPA). Unless you update your will and EPA, your ex-spouse may: receiving your estate if you die; be able to make health decisions for you under an existing EPA if you lose capacity; and be able to deal with your financial assets under an EPA. If you have divorced, your will and enduring power of attorney may be revoked and your estate plan might not be adequate. While the ending of a de facto relationship can revoke a will, the end of a de facto relationship can be difficult to determine and your family could find themselves embroiled in an estate despite if your will hasn’t been updated after separating from your ex de facto spouse. If you don’t have a will, you do have an estate plan which is given to you by the Government. This is called the ‘rules of intestacy’ which apply when you don’t have a will. If you are separated from your spouse (but not yet divorced) then your spouse will still be entitled to a share of your estate under these rules. Your superannuation nominations might still nominate your ex as a beneficiary. Unless this is updated, your ex might be entitled to your superannuation death benefits. You might own your home as joint tenants with your ex-spouse. This means that if you die, your ex-spouse will automatically be entitled to your share of your home. Steps can be taken to sever this joint tenancy. If you have a family trust it should be reviewed to understand what powers your ex-spouse might have to change the trustee or take on this role after you pass away. You might feel strongly that your ex-spouse is no longer the right person to manage any money you leave to your children, particularly if he has or does re-partner. Updating your will gives you control over who manages any funds gifted to your children in your will. 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.  --- ## Future-Proofing Your Business: Why Estate Planning Isn’t Just Personal URL: https://nurturelaw.com.au/future-proofing-your-business-why-estate-planning-isnt-just-personal/ Type: post Modified: 2025-10-27 If you’re a business owner, director, trustee, or member of a self-managed super fund (SMSF), your estate planning needs go well beyond writing a Will.  At Nurture Law, we work with clients who have built their lives and legacies through hard work, entrepreneurship, and strategic investment. Many of them own or manage businesses, trusts, companies, and SMSFs structures that require thoughtful, tailored planning to ensure continuity and avoid conflict. Without the right estate plan, a sudden incapacity or death can trigger disputes, financial hardship, or even business collapse.  Here’s what you need to know to future-proof your business and safeguard the legacy you’ve built.  Companies: It’s More Than Shares  Business owners often assume that passing on their company shares is enough—but it’s not that simple. Shares may form part of your estate, but control of the company (through directorship) doesn’t automatically follow. For sole directors, this gap can be critical.  A comprehensive estate plan should address:  Share ownership succession, either through your Will or a buy-sell agreement.  Director replacement strategies to ensure business continuity.  Buy-sell agreements to avoid disputes among shareholders or family members.  Family Trusts: Control Matters  Trusts don’t form part of your personal estate—but your role in managing them does. Whether you’re an appointor, trustee, or director of a corporate trustee, planning for who takes over those responsibilities is essential.  What to review:  Appointor succession—this person controls the future of the trust.  Trustee role planning, especially if you’re a director of a corporate trustee.  Trust deed terms to make sure they support your succession wishes.  SMSFs: Don’t Let Super Slip Through the Cracks  Superannuation doesn’t automatically go through your Will. Without the right documentation, your super could end up in the wrong hands—or stuck in limbo.  Key planning tools:  Binding death benefit nominations (BDBNs) that are valid and current.  SMSF trustee/director succession plans to avoid compliance issues.  Reversionary pensions to provide ongoing income for your spouse or dependent.  Partnerships: Align Legal and Practical Succession  In partnerships, it’s vital that your estate plan lines up with your partnership agreement. Otherwise, there can be confusion—or worse, litigation—about what happens to your share in the business.  Check for:  Clear succession or buyout terms in your agreement.  Valuation and funding mechanisms, often supported by insurance.  Temporary authority structures, like an Enduring Power of Attorney, for smooth short-term operations.  Sole Traders: You and Your Business Are One  If you operate as a sole trader, your business ceases to exist the moment you pass away—unless you’ve planned for succession. This can leave your family, staff, clients, and creditors in a difficult position.  Protect your business with:  An Enduring Power of Attorney so someone can manage operations if you lose capacity.  Will instructions for business continuity or sale.  Digital access protocols so your executor or family can manage online accounts, banking, and platforms.  Don’t Go It Alone: Work With Your Accountant and Advisers  Estate planning for business is never one-size-fits-all. It involves legal, financial, and tax considerations. That’s why we collaborate closely with your accountant and financial adviser—to ensure your structures, agreements, and wishes all align.  From updating trust deeds to reviewing BDBNs, confirming asset ownership to succession strategy—we make sure every piece of the puzzle fits.  Let’s Get It Right, Together  You’ve built your business with care. Now, it’s time to protect it with clarity.  Contact our Estate Planning Team to book your complimentary initial call.  --- ## Planning for the Unexpected: The Importance of Estate Planning from Age 18 URL: https://nurturelaw.com.au/planning-for-the-unexpected-the-importance-of-estate-planning-from-age-18/ Type: post Modified: 2025-10-27 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 document that allows you to outline how your assets will be distributed after you pass away. For young adults, this may seem unnecessary, but if you own property, have savings, or personal items of sentimental value, a Will ensures that these are distributed according to your wishes. Without a Will, the state decides how your estate is divided, which may not align with what you want.  Moreover, if you have specific wishes regarding your funeral arrangements or guardianship of any dependents, a Will provides a clear legal framework for those decisions, sparing your family any added emotional strain.  Understanding the Enduring Power of Attorney (EPA)  An Enduring Power of Attorney is a legal document that allows you to appoint someone you trust to manage your personal and financial affairs if you become unable to do so. Unlike a general power of attorney, an EPA remains in effect even if you lose capacity, hence the term “enduring.”  From the age of 18, you are legally considered an adult, and this means that your parents or guardians no longer have automatic legal rights to make decisions on your behalf. Should you suffer an unexpected illness or injury, having an EPA in place ensures that someone you trust has the authority to manage your finances, pay your bills, and make decisions in your best interest.  The Role of an Advance Health Directive (AHD)  An Advance Health Directive (AHD), allows you to outline your healthcare wishes for the future, including treatments you do or don’t want to receive in specific circumstances. It provides guidance to your healthcare team if you are unable to communicate your preferences due to illness or incapacity.  This document gives peace of mind that your medical care will align with your values and beliefs, without leaving difficult decisions solely in the hands of your loved ones. For younger adults, this could include instructions for emergency care following an accident or guidance on more complex medical treatments.  The Role of Binding Death Benefit Nominations (BDBNs)  Superannuation is often one of the largest assets a person will have, especially for young adults starting to build their wealth. A Binding Death Benefit Nomination (BDBN) allows you to nominate who will receive your superannuation and any associated life insurance benefits upon your death. Without a valid BDBN, the trustee of your superannuation fund has the discretion to decide how these benefits are distributed, which may not align with your wishes.  Having a BDBN provides clarity and peace of mind, ensuring that your loved ones are taken care of according to your preferences. It’s a critical step in a comprehensive estate plan, especially for younger individuals who may not realise the importance of securing their superannuation benefits.  Why 18 is the Right Time  Turning 18 is a major milestone in your life.  While you may feel young and invincible, accidents and sudden health issues can happen to anyone.  By having a Will, Enduring Power of Attorney, and Advance Health Directive, and Binding Death Benefit Nomination in place, you are taking control of your future and protecting both yourself and your loved ones from unnecessary stress and complications.   Without these documents, your family may have to go through long and complex legal processes to gain authority to manage your affairs. In the case of a sudden illness or accident, an Advance Health Directive ensures that your healthcare decisions are made according to your wishes, and an EPA gives a trusted person the legal ability to manage your finances. A Will ensures that, should the worst happen, your assets are distributed according to your preferences, not a government formula. Meanwhile, a BDBN ensures your superannuation benefits reach the right people without delay.   Empowering Yourself and Protecting Your Loved Ones  Having these documents is about safeguarding your independence and giving both you and your loved one’s peace of mind. Estate planning isn’t just for the elderly or the wealthy, it’s for everyone, starting from 18. It’s a way to make sure that your voice is heard in matters of health, finances, and legacy, no matter what the future holds.  At Nurture Law, we understand that taking these steps early in life can feel overwhelming, but we’re here to help. Our team offers compassionate, clear, and expert guidance throughout the entire estate planning process. We believe that planning ahead is an act of kindness toward your loved ones, sparing them the emotional and financial burden of uncertainty during difficult times.  It’s never too early to plan for the unexpected. By putting a Will, Enduring Power of Attorney and Advance Health Directive, and Binding Death Benefit Nominations in place from the age of 18, you are ensuring that your future, and your wishes, are protected.    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 and take that first step towards securing your future.   --- ## Granny Flat Agreements: Keeping Family Close While Protecting Everyone’s Interests URL: https://nurturelaw.com.au/granny-flat-agreements-keeping-family-close-while-protecting-everyones-interests/ Type: post Modified: 2025-10-27 With the rising cost of living and an ageing population, many families in Queensland are turning to multi-generational living. Granny flat arrangements, where an elderly parent contributes money to live with or near family, can be a beautiful solution that allows loved ones to stay close, while sharing care and support. But without the right legal protections, these arrangements can quickly unravel. At Nurture Law, we help families take a thoughtful and legally secure approach to these agreements. What Is a Granny Flat Agreement? A granny flat agreement is a formal, legally binding arrangement that allows an elderly parent (or another family member) to live on someone else’s property – usually their adult child’s—in exchange for financial contributions. This might involve: Building a self-contained flat on the child’s property Contributing to renovations or home modifications Transferring a property to a child Purchasing a home in the child’s name with the right to live there These arrangements can be flexible, but without a clear agreement in writing, risks can arise, especially if relationships change or the parent needs aged care. Why a Written Agreement Matters While these arrangements often stem from good intentions, misunderstandings can occur if expectations aren’t clearly outlined. A well-drafted granny flat agreement: Sets out the rights and responsibilities of all parties Clarifies what happens if the parent moves out, needs care, or passes away Helps avoid future disputes and protect assets Can help with Centrelink and tax compliance Centrelink & Tax Considerations Centrelink recognises “granny flat interests” where a person pays for a lifetime right to reside without retaining legal ownership of the property. If set up correctly, this can avoid being treated as a “gift” and preserve pension entitlements. From a tax perspective, as of 1 July 2021, the ATO provides a Capital Gains Tax exemption for formal, non-commercial granny flat arrangements, provided certain conditions are met. Real-Life Examples Edith’s story is one of success – she invested in building a flat on her daughter’s property, and they had a clear agreement in writing. This meant Edith’s right to reside was secure, and her daughter’s tax position was protected. What Should Be in a Granny Flat Agreement? A thorough granny flat agreement should cover: Each party’s details The parent’s right to reside Financial contributions and how they’re treated Responsibilities for ongoing costs and care What happens if the parent needs aged care or the property is sold Dispute resolution steps Confirmation that each party has received independent legal and financial advice The Bottom Line Granny flat arrangements can be a wonderful way to support loved ones and strengthen family bonds, but they should never be based on handshakes or assumptions. A legally binding agreement ensures everyone is protected and clear on their rights. At Nurture Law, we take the time to listen and craft agreements that work for your family, now and into the future. Thinking of setting up a granny flat arrangement?Get in touch with Nurture Law today to protect your loved ones and your peace of mind. --- ## How to Create a Legacy Contact on Your iPhone – Securing Digital Legacy for Peace of Mind URL: https://nurturelaw.com.au/how-to-create-a-legacy-contact-on-your-iphone-securing-digital-legacy-for-peace-of-mind/ Type: post Modified: 2025-10-27 In today’s day and age our phones have become a treasure trove of our personal lives, holding everything from cherished memories to important documents and private information.  From countless photos and meaningful messages to essential files and notes, much of what defines our lives is now stored digitally. As a result, the question of what happens to this data if we pass away has become increasingly more important. Recognising this need, Apple has introduced the Legacy Contact feature, a way for family members or trusted friends to access certain data responsibly.  This feature ensures that, if something happens to us, loved ones can access key information and memories without the challenges of navigating legal and technical barriers.  It’s a modern solution to help manage the personal legacy we leave behind in our digital devices. What is a Legacy Contact? A legacy contact is a trusted person who can access your digital data after your death.  Apple created this feature to help loved ones manage and preserve digital memories and necessary information. Why Set Up a Legacy Contact? Personal security: Legacy contacts have limited access, ensuring privacy. Ease for loved ones: Helps your family retrieve memories, like photos and notes, without navigating legal or technical barriers. Digital continuity: Ensures important documents or memories are not lost. Step-by-Step Guide to Setting Up a Legacy Contact on iPhone How to: Open Settings: Go to the Settings app on your iPhone. Tap on Your Apple ID: Select your name at the top to access Apple ID settings. Go to Password & Security: Scroll down and tap on “Sign-In & Security. Select Legacy Contact: Under “Account Recovery,” tap on “Legacy Contact.” Add a Contact: Choose a contact from your list. Apple may ask you to confirm your choice. Share Access Key: Apple will generate an access key. Share this key with your legacy contact via a printed or digital copy, which they’ll need to unlock the account if the time comes. What Your Legacy Contact Will Have Access To Photos, messages, notes, contacts, and more personal content. Restrictions: The contact won’t have access to payment information, passwords, or keychain data. How to Manage or Remove a Legacy Contact Apple makes it simple to manage or remove a legacy contact whenever you need to. Just head to the same settings menu where you initially set up the contact: Open Settings: Go to the Settings app on your iPhone. Access Apple ID Settings: Tap on your name at the top to access your Apple ID. Go to Password & Security: Tap on “Password & Security.” Select Legacy Contact: Here, you’ll see your current legacy contact(s). Tap on their name to manage or remove their access. The Legacy Contact feature on iPhone offers a secure way to ensure loved ones can access cherished memories and essential information if you pass away, while keeping sensitive information like passwords secure. This tool supports digital estate planning by letting you decide who can manage your data, providing peace of mind that your digital legacy will be handled according to your wishes. In an increasingly digital world, it’s a practical step toward safeguarding memories and simplifying matters for loved ones. Start your estate planning journey today with the team at Nurture Law. article:Apple’s strict iphone rules when you die READ MORE --- ## Making a Will for Someone Who Can’t: URL: https://nurturelaw.com.au/making-a-will-for-someone-who-cant/ Type: post Modified: 2025-05-06 At Nurture Law, we often encounter families facing one of life’s more delicate challenges – how to ensure the wishes of a loved one who lacks the capacity to make a will are still respected. Whether due to illness, injury, or disability, some individuals are unable to make their own will. In these cases, the law in Queensland provides a solution: the statutory will.  What Is a Statutory Will?  A statutory will is a court-authorised will made on behalf of someone who cannot legally make one themselves due to a lack of testamentary capacity. Under the Succession Act 1981 (Qld), the Supreme Court of Queensland can approve a will for:  Adults who lack capacity, or  Minors in special circumstances.  When Might a Statutory Will Be Needed?  This process is not for everyday estate planning — it is a powerful legal tool for unique situations, such as:  The person has never made a will and the standard intestacy laws would produce an unfair or unintended outcome.  Their existing will is outdated due to significant life events like marriage, divorce, or having children.  The person has substantial assets (like compensation payouts or trusts) requiring careful estate planning.  The default beneficiaries under intestacy are estranged or unsuitable.  Example: A young man receives a large compensation payout after a childhood accident. He’s been cared for by his aunt, not his estranged parents. Without a statutory will, the funds may automatically pass to his parents — something he likely would not have wanted.  What Does the Court Look At?  Before approving a statutory will, the Court must be satisfied of five things:  The applicant is suitable to make the application.  All interested parties have been given a chance to be heard.  There’s strong evidence the person lacks capacity.  The proposed will reflects what the person would likely have wanted.  It’s appropriate for the Court to make the order.  Supporting documents include:  Medical evidence of incapacity.  Details of family, financial and personal circumstances.  Any previous wills or known wishes.  A draft will for consideration.  Timing Is Everything  The Court can only make a statutory will while the person is still alive. Once the person passes away, the opportunity is lost — which is why seeking early legal advice is crucial. In urgent cases, applications can be fast-tracked.  What Happens After Approval?  Once approved, the Probate Registrar signs and seals the will. The Court keeps the original document safely on file.  What About Costs?  Costs depend on the complexity of the case — they may include legal fees, medical reports, and court filing expenses. The Court may order that the costs be paid from the person’s estate, especially if the statutory will achieves a fairer or more appropriate result than intestacy or any previous will.  Key Considerations Before Applying  Is it in the person’s best interests?  Is the estate large enough to justify the process?  Are there commercial realities to consider — like superannuation or family provision risks?  Is there evidence of what the person would have wanted, even if informally?  How Nurture Law Can Help  We understand the personal and emotional complexity of statutory will applications. Our experienced team can:  Navigate complicated family and financial dynamics.  Gather the right medical and legal evidence.  Draft a will that reflects dignity, care and foresight.  Represent you in the Supreme Court of Queensland.  We approach every matter with clarity, compassion, and professionalism — ensuring peace of mind when it matters most.  --- ## Estate Planning Considerations for Business Owners URL: https://nurturelaw.com.au/estate-planning-estate-planning-considerations-for-business-ownersestate-planning/ Type: post Modified: 2025-05-06 For business owners, estate planning goes beyond the personal—it extends into ensuring the continuity, protection, and eventual transfer of their business interests. A well-structured estate plan is essential to safeguard your hard-earned legacy and minimise disruptions to your business and family in the event of unforeseen circumstances. Here are some key considerations for business owners, particularly within Queensland’s legal framework.  Identify Your Business Structure Your business structure significantly impacts your estate planning. Common structures include:  Sole Trader: The business is tied directly to you, meaning it will cease to exist upon your passing unless specifically addressed in your estate plan.  Partnership: Ensure your partnership agreement includes provisions for the transfer or buy-out of your share.  Company: Ownership through shares must be accounted for, and your wishes for these shares should align with company governance documents. Where you are not the sole shareholder, you should consider a shareholder agreement that includes provisions for the transfer or buy-out of your shares.  Trust: If your business operates under a trust, you need to address control mechanisms such as appointing new trustees or successors. Clearly identifying your structure is the foundation of effective planning. 2. Create a Succession Plan A business succession plan ensures a smooth transition when you’re no longer able to run the business. This involves:  Identifying successors, whether family members, key employees, or external parties.  Detailing how the transition will occur, including timelines and training.  Aligning your succession plan with your estate plan to avoid conflicts. For family businesses, a succession plan should address potential disputes and the equitable distribution of assets among heirs.  3. Review Partnership or Shareholder Agreements If your business has multiple owners, review your partnership or shareholder agreements to ensure they include:  Buy-Sell Agreements: These outline what happens to a deceased owner’s shares or interests, including how and by whom they are purchased if an owner passes away, loses capacity or has another major event affecting their ability to work for a substantial period of time.  Valuation Clauses: Establishing a clear method for valuing the business reduces disputes over what the business is worth. These agreements provide clarity and financial protection for all parties.  4. Consider Tax Implications Transferring business assets can trigger significant tax liabilities, including capital gains tax and GST. There can also be tax implications from insurance proceeds paid out in relation to an affected business owner. Effective estate planning should:  Structure asset transfers and insurance premiums to minimise tax.  Utilise Queensland-specific concessions for small businesses where applicable.  Engage a tax advisor to ensure compliance and optimisation.  5. Address Key Person Insurance Key person insurance is designed to protect the business financially if a critical individual, such as the owner, passes away loses capacity or has another major event affecting their ability to work for a substantial period of time. This ensures:  Business continuity during transitional periods.  Funding for buy-sell agreements or business debts. This insurance should align with your overall estate plan and succession strategy.  6. Protect Intellectual Property and Digital Assets Intellectual property (IP) and digital assets often hold significant value for businesses. Include these in your estate plan by:  Transferring ownership or licensing rights to heirs or successors.  Providing access to key digital accounts, such as websites, social media, and cloud storage.  Addressing ongoing maintenance or transfer of domain names and trademarks.  Reviewing and recording recovery details for any multi factor authentication methods  7. Provide your Executor or Trustee with the tools they need Managing a business as part of an estate requires financial literacy and industry knowledge. Consider:  Providing essential contact information to your executors in your letter of wishes to connect them with your trusted advisers and key business contacts.  Appointing a co-executor with specific business expertise.  Appointing a trustee with the skills to oversee business operations during transitions. Ensure people that you appoint understand their role and your intentions.  8. Update Your Estate Plan Regularly Business environments change frequently, and your estate plan should reflect these shifts. Regularly review:  Ownership structures.  Financial positions including the value of your business.  Insurance arrangements.  Changes to laws and regulations in Queensland that may affect your business or estate. Keeping your plan up-to-date ensures it remains effective and legally sound.  9. Involve Professional Advisors Estate planning for business owners requires collaboration with:  Lawyers: To draft and review agreements, wills, and structuring documents.  Accountants: To manage financial and tax considerations.  Financial Advisors: To align business goals with personal wealth management. These professionals can guide you through complex legal and financial landscapes.  10. Communicate Your Plan A lack of communication often leads to disputes. Share your estate plan with key stakeholders, including:  Family members, to avoid misunderstandings or disagreements.  Business partners, to ensure alignment with operational continuity.  Successors, to prepare them for their roles.  Estate planning for business owners is about more than securing assets—it’s about preserving a legacy and ensuring the future stability of your business and family. By addressing these considerations and seeking professional guidance, you can create a comprehensive plan that reflects your wishes and mitigates risks.  At Nurture Law, we specialise in helping Queensland business owners navigate the complexities of estate planning. Contact us today to safeguard your business and your peace of mind.  --- ## Mutual Will Agreements URL: https://nurturelaw.com.au/mutual-will-agreements/ Type: post Modified: 2025-04-16 Estate planning can be complex, especially for blended families where there is a need to balance the interests of a surviving spouse and children from previous relationships. One tool that can help provide certainty and fairness in estate distribution is a Mutual Will Agreement. However, while these agreements can offer security, they also come with legal complexities and potential risks.What is a Mutual Will Agreement?A Mutual Will Agreement is a legally binding contract between two people—usually spouses or partners—agreeing to make identical or consistent wills that cannot be changed after one party passes away. Unlike standard mirror wills, which can be freely altered, a mutual will agreement creates a legal obligation for the surviving party to maintain the agreed-upon distribution of assets.This type of agreement is commonly used to protect the inheritance of children from previous relationships. Without it, a surviving spouse could change their will after their partner’s death, potentially disinheriting stepchildren or diverting assets elsewhere.How Does a Mutual Will Agreement Work?Both parties sign a contract confirming that their wills are created based on the agreement.The agreement states that neither party can amend or revoke their will without the other’s consent while both are alive.After one party dies, the surviving party is legally bound to maintain the agreed-upon distribution of assets.If the survivor tries to change their will or distribute the estate differently, the intended beneficiaries can challenge the estate in court.Example ScenarioJohn and Sarah are in a second marriage and each have children from previous relationships. They agree that upon the first death, all assets will pass to the surviving spouse. After the second death, the estate will be equally divided among all their children.To prevent any future changes, they sign a Mutual Will Agreement. After John passes away, Sarah is legally required to follow this agreement and cannot amend her will to exclude John’s children.Key Considerations and RisksWhile a Mutual Will Agreement provides certainty, it also has drawbacks that must be carefully considered:1. Legal Complexity and EnforceabilityThe agreement must be properly drafted to ensure legal enforceability.Courts may refuse to uphold the agreement if the terms are unclear or unfair.2. Changing Needs of the Surviving SpouseThe surviving spouse may need access to estate assets for medical care, financial hardship, or changing life circumstances.A rigid agreement could cause financial difficulties if it doesn’t allow flexibility.3. Family Disputes and TensionsConflicts can arise between the surviving spouse and stepchildren, especially if financial pressures or new relationships come into play.Beneficiaries may feel entitled to assets earlier than intended, leading to disputes.4. Asset Depletion RisksThe surviving spouse still has control over assets during their lifetime, meaning they can sell property or spend money—even if they can’t change their will.This could result in the intended beneficiaries receiving little or nothing from the estate.5. Enforcing the AgreementIf the surviving spouse breaches the agreement and alters their will, legal action may be required.Court proceedings can be costly, stressful, and time-consuming for beneficiaries.6. Risk of Family Provision ClaimsA Mutual Will Agreement does not prevent a family provision claim, where an eligible person (e.g., a child, spouse, or dependent) challenges the estate for greater provision.Courts can override the agreement if they determine that the deceased failed to provide adequately for a dependent.Alternatives to a Mutual Will AgreementGiven the potential drawbacks, individuals should explore alternative estate planning tools that provide flexibility while still protecting intended beneficiaries:Gifting Assets During Lifetime – Transferring assets to children or trusts before death reduces the risk of post-death changes.Life Interest or Right to Reside – Instead of giving all assets to a surviving spouse outright, assets can be placed in a trust that allows them to live in the home or receive income, while preserving capital for children.Superannuation Binding Death Benefit Nominations – Ensuring that superannuation benefits go directly to chosen beneficiaries and cannot be altered by the surviving spouse.Testamentary Trusts – A structured way to provide for a surviving spouse while ensuring assets eventually pass to children.Binding Financial Agreements (BFAs) – Also known as prenuptial agreements, these can outline asset distribution and protections for children without the strictness of a mutual will agreement.A Mutual Will Agreement can be a useful estate planning tool for those wanting to protect their beneficiaries, particularly in blended families. However, they require careful legal drafting and consideration of the surviving spouse’s future financial needs. Given the risks involved, exploring alternative strategies may provide a better balance between certainty and flexibility.If you are considering a Mutual Will Agreement or looking for tailored estate planning advice, contact Nurture Law to discuss the best approach for your unique circumstances. --- ## The Role of Digital Assets in Estate Planning URL: https://nurturelaw.com.au/the-role-of-digital-assets-in-estate-planning/ Type: post Modified: 2025-04-08 In today’s digital age, our lives are increasingly tied to online platforms. From social media accounts and online banking to cryptocurrencies and digital subscriptions, the assets we accumulate in the virtual realm hold significant financial, sentimental, and legal value. However, unlike traditional assets, digital assets often present unique challenges in estate planning.   What Are Digital Assets?  Digital assets encompass a broad range of online and electronic possessions, including but not limited to:  Financial Accounts: PayPal, cryptocurrency wallets, and online banking.  Social Media Accounts: Facebook, Instagram, LinkedIn, and Twitter.  Email Accounts: Gmail, Outlook, and other email services.  Subscriptions and Licenses: Streaming services like Netflix, e-books, and software licenses.  Cloud Storage: Documents, photos, and videos stored on platforms like Google Drive and iCloud.  Why Consider Digital Assets in Your Estate Plan?  Digital assets often require passwords, two-factor authentication, or other access credentials, making them difficult to manage or transfer without prior planning. Without clear instructions, your loved ones may face challenges accessing or dealing with these assets after your passing.  In Queensland, the absence of specific legislation governing digital assets means that estate planning for these assets relies heavily on your proactive measures. This makes it crucial to address digital assets explicitly in your estate plan.  Steps to Include Digital Assets in Your Estate Plan  Inventory Your Digital Assets Start by listing all your digital assets.  Appoint a Digital Executor While Queensland law does not currently recognise a “digital executor” as a legal role, you can name a trusted individual in your will or provide them with informal instructions to manage your digital assets. This person should ideally be tech-savvy and familiar with the importance of privacy and data security.  Provide Legal Access Many platforms prohibit account sharing or access by anyone other than the account holder under their terms of service, however some services allow you to add a ‘legacy contact’ that can notify the platform of your passing and even access your data. Consider using secure password management systems to share access details and include clear instructions in your estate plan to avoid breaching these terms.  Incorporate Digital Assets Into Your Will Clearly state how your digital assets should be managed or distributed. For example:  Should social media accounts be memorialised or deleted?  Who should inherit your cryptocurrency?  How should cloud-stored files be shared?  Regularly Update Your Estate Plan Digital assets evolve rapidly. Periodically review and update your inventory and instructions to ensure they reflect your current digital footprint.  Privacy and Security Considerations  While including access details in your estate plan is essential, avoid listing passwords directly in your will, as it becomes a public document during probate.   In addition to this, writing down your passwords, especially in easily accessible places, can expose you to significant risks. Many banks and financial institutions have policies that may limit their liability in cases of fraud if it is determined that you failed to take reasonable precautions to protect your credentials. By documenting your passwords, you could inadvertently make them accessible to unauthorised parties, potentially voiding the protections offered by your bank.   Always prioritise secure storage methods, such as password managers, to ensure your sensitive information remains safe and, where necessary, consult with third parties to ensure these methods don’t void any protections provided by them.  As digital assets continue to grow in prominence, there is increasing pressure for legislative reform in Queensland and across Australia. The Australian Law Reform Commission has recommended clearer guidelines for managing digital assets in estate planning, and it is anticipated that future laws will address the unique complexities these assets present.   Planning for digital assets is an essential yet often overlooked aspect of estate planning. In Queensland, where specific laws governing digital assets are not yet in place, proactive measures are vital to ensure these assets are managed in line with your wishes. By incorporating digital assets into your estate plan, you can protect their value, safeguard your privacy, and ease the administrative burden on your loved ones.  If you need assistance navigating the complexities of digital assets in your estate plan, our team at Nurture Law is here to help. Contact us today to ensure your digital legacy is in safe hands.  --- ## Understanding Estate Disputes in Queensland URL: https://nurturelaw.com.au/understanding-estate-disputes-in-queensland/ Type: post Modified: 2024-12-05 Estate disputes can be emotionally charged and legally complex, often involving family members with deeply held beliefs about their loved ones’ intentions. In Queensland, specific laws govern how disputes are handled, and understanding these can help families navigate sensitive situations with clarity and respect. What is an Estate Dispute? An estate dispute arises when there’s disagreement regarding the distribution of a deceased person’s estate. Common examples include conflicts over the validity of a will, claims for adequate provision by dependents, or concerns about the administration of the estate. Common Types of Estate Disputes in Queensland Contesting a Will: If a person believes they have not been adequately provided for, they may contest the will. This is typically done by spouses, children, or other dependents who believe their needs were not met in the deceased’s will. Challenging the Validity of a Will: Disputes may arise if there are suspicions that the deceased was unduly influenced, did not have the mental capacity to make the will, or if there were procedural issues. Executor and Trustee Disputes: Executors and trustees have significant responsibilities, and conflicts can arise if beneficiaries believe that these roles are not being fulfilled fairly. Administration Disputes: Situations can become complex if the administration process is delayed or if assets are mishandled, leading to further disagreements among beneficiaries. Steps to Resolve an Estate Dispute Communication and Mediation: Early communication among parties can prevent misunderstandings. Mediation offers a way for families to resolve issues outside of court. Legal Advice and Representation: Seeking legal advice is essential, especially from firms like Nurture Law that specialise in estate disputes. Knowledgeable lawyers can provide clear guidance on rights and options. Court Proceedings: When disputes cannot be resolved amicably, parties may need to pursue the matter in court. Why It’s Important to Seek Professional Help Estate disputes can be draining and costly. Engaging a skilled legal team can ensure that decisions are legally sound, fair, and uphold the deceased’s wishes as much as possible. At Nurture Law, our team brings both sensitivity and expertise, aiming to keep families out of court and minimise conflict. Estate disputes are rarely straightforward, but understanding the process and having the right legal support can make a significant difference. If you or your family are facing an estate dispute, reach out to Nurture Law to discuss how we can assist in navigating this challenging process with care and clarity. --- ## Who we are URL: https://nurturelaw.com.au/who-we-are/ Type: page Modified: 2024-11-01 Making the process of estate disputes less emotionally and financially draining on families At Nurture Law, we are more than just a law firm, we are a team dedicated to supporting families and individuals through some of life’s most important moments. With a focus on estate planning, estate administration, and dispute resolution, we aim to provide peace of mind, empathy, and clarity for our clients. Our commitment to delivering personalised legal guidance with integrity and understanding is at the core of everything we do. As a team, we take pride in creating an environment where our clients feel valued and heard. Every decision we make and every service we offer is designed to reduce stress, prevent conflicts, and keep families out of court. Guided by experience and a genuine care for the community, we’re here to help you protect what matters most. Our Story Meet Our Team Work With Us Experience you can trust  5/5 “I want to thank you for your patience and your determined work ethic. You made a very difficult time easier for me and my husband. We are very pleased that we can now move on with our lives. Thanks again.” “Kelly from Nurture Law dealt with an estate settlement for us and we found her to be very professional and compassionate throughout the whole process. What was a very emotional time for us, she took care of everything, was upfront with her fees and kept us informed. We will be using Nurture Law for future wills and estate planning.” “The probate team at Nurture Law were so helpful and professional in handling probate during our difficult time. The high level of communication and quality advice, to help sort our probate, needs made the process very streamlined. I would highly recommend them for all probate requirements.” “Fantastic experience with Kelly from Nurture Law in preparing our wills and POAs. Her work is highly professional and she explained everything every step of the way which gave us peace of mind that we were in safe hands. The wills and POA documents were the best I’ve ever seen and covered a broad range of areas. We will be using her for all our Wills and estate needs from now on. Highly recommend.” Previous Next As expert wills and estate lawyers based just south of Brisbane, we’re caring lawyers with a commitment to integrity and making a positive difference in the lives of those settling a will or estate dispute. BOOK A FREE CHAT --- ## Do you have an up to date Will? URL: https://nurturelaw.com.au/do-you-have-an-up-to-date-will/ Type: post Modified: 2023-04-25 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 an executor to handle your affairs (e.g. collect in any assets, pay your debts, cancel accounts, arrange your funeral and cremation / burial); Appoints a trustee to hold your estate on trust for any minor children; Appoints a guardian to look after your minor children; and Gives directions about whether you want to be buried or cremated and what kind of funeral service you would like. Wills can also include testamentary trusts which are great for intergenerational wealth, asset protection for vulnerable beneficiaries and tax planning. While someone may not own a home, most Australians have superannuation. Most of the time life insurance is also attached to superannuation. Sometimes superannuation and life insurance are the biggest assets people have. It is very important to consider superannuation and life insurance as part of the estate planning process. Consideration also needs to be given to digital assets (e.g. photographs, videos, music, documents, social media accounts, digital currency) and whether instructions need to be left alongside your Will to deal with them. I DON’T WANT TO THINK ABOUT DYING, IT’LL NEVER HAPPEN TO ME Unfortunately, one thing that is certain in life is death (and tax). While it’s not the best topic to discuss over the dinner table, it is important to make a Will so you have peace of mind that your family are taken care of and don’t have a mess to deal with when you die. I DON’T NEED A WILL, IT WILL ALL GO TO MY PARTNER ANYWAY The rules of intestacy (i.e. the law that stipulates how your estate is divided if you don’t have a Will) vary in each jurisdiction in Australia and you might be surprised to know that your spouse may not be entitled to all of your estate if you die.   Without leaving a will, you aren’t making it clear who you wish to leave your estate to and this could result in dispute about your estate when you die. Estate disputes will certainly cause more grief for your loved ones and diminish your estate in legal costs. I CAN’T DECIDE WHO TO APPOINT AS EXECUTOR OR GUARDIAN FOR MINOR CHILDREN If you don’t have a Will, there are laws that stipulate who who can take control of your estate when you die. This may not be who you ultimately want to control your estate. Check out my article ‘Stuck deciding who your executor should be?’ to help you decide who to appoint as your executor. Appointing a guardian for your minor children is one of the biggest decisions you will face when making a Will. Appointing a guardian helps to remove doubt about who the preferred carer is for your minor children. While appointing a guardian in your Will does not avoid the Family Court’s ability to review care arrangements for minor children, the court will take into consideration your nomination. The way to do this is by leaving a statement with your Will setting out your reasons for appointing the guardian/s. Parents should also leave a statement to the appointed guardian to assist them in understanding how they want their child raised. Having a chat with an experienced estate planning lawyer may help you decide who to appoint as executor and guardian. I’m sure you know the importance of having a Will but just never seem to get around to it. I get it…between work, kids, family, friends, household tasks and everything else in our busy lives, making a will is likely the last thing you want to do. But having a Will is extremely important if you want to ensure your loved ones benefit in the way you want them to. Preparing a will also makes the process of sorting out your estate when you die much less burdensome and less costly for your family. We have after business hours appointments and can meet via videoconference to work around your busy schedule.  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.  --- ## What is a valid Will? URL: https://nurturelaw.com.au/what-is-a-valid-will/ Type: post Modified: 2023-04-25 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 may differ depending on the evidence. The Court must be satisfied that the person indented the ‘document’ to form their will. When a will is not made in accordance with the formal requirements, an application will need to be made to the Court for the ‘will’ to be found valid. This will involve significant cost on behalf of the estate and delay in the administration of the estate. It may also involve potential disputes between family members about the effect of that informal document. While it might take a few hours and involve a cost to properly draft your will, the costs of not doing it right are significant.  It can take months to prepare an application to court to have an informal document upheld to put your wishes into effect.  The financial costs will easily be tens of thousands of dollars.  These costs and delays add to the emotional turmoil of losing a loved one. Wills can take a variety of forms.  If you have lost a loved one, proper searches should be undertaken of a deceased person’s home, vehicles, storage, computer, mobile telephone and other devices for documents of a testamentary nature. We have experience with applications to the Court when a will does not meet the formal requirements. If you need any legal assistance regarding wills and estates, you can book in an obligation-free chat or call us on 07 3174 5730.  --- ## What happens to superannuation when someone dies? URL: https://nurturelaw.com.au/what-happens-to-superannuation-when-someone-dies/ Type: post Modified: 2023-04-25 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: spouse (married or defacto) children (including adult children and step-children) a person in an interdependency relationship with the deceased financial dependant Superannuation funds have various types of death benefit nominations you can put in place, which include: Non-binding – This is treated as your preference, but the superannuation fund is not bound to pay your death benefits in accordance with the nomination. Binding – The superannuation fund must pay your superannuation death benefits to your nominated beneficiaries so long as it is valid at the time of your death. It is not unusual for binding nominations to lapse after 3 years or to become invalid when events occur such as marriage or divorce. Non-lapsing binding nomination – The superannuation fund must pay your superannuation death benefits to your nominated beneficiaries so long as it is valid at the time of your death. These nominations do not lapse after a period of time and will remain valid until your death unless they become invalid due to a certain event such as marriage or divorce. 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 beneficiary of superannuation, it is important to consider any tax consequences of superannuation death benefits being paid to a non-tax dependant. Under tax law, a death benefit dependant includes: the deceased’s spouse (married or defacto) the deceased’s former spouse (married or defacto) a child of the deceased under 18 years old a person financially dependent on the deceased a person in an interdependency relationship with the deceased Estate planning should not only include the making of a will. As part of your estate planning, it is important to consider your superannuation death benefits and tailored legal advice might be necessary depending on your circumstances. 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.  --- ## Making a claim on superannuation death benefits URL: https://nurturelaw.com.au/making-a-claim-on-superannuation-death-benefits/ Type: post Modified: 2023-04-25 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 benefits (and in what portions), the superannuation fund must make a decision that is consistent with the purpose of superannuation, that is, to provide for those who were financially dependant on the deceased at the time of death and who might have expected financial support from the deceased into retirement. When making a decision about the payment of death benefits, key considerations the superannuation fund needs have are: Who are the deceased’s dependants Whether the deceased expressed any wishes about the payment of their superannuation death benefits (i.e. via a non-binding nomination or their will) Terms of the deceased’s will (if any) The degree of financial dependency on the deceased Past events and future possibilities Third party assistance / support Circumstances of the relationship with the deceased Availability of own income Differences in financial circumstances of the claimants Generally, superannuation death benefits will be paid to the deceased person’s estate only if the rules of the fund require it or there are no dependants. The deceased person’s will stipulates who will receive their estate or, if there is no will, the rules of intestacy apply. Generally, superannuation funds will pay death benefits to a spouse or minor children in preference to adult children. If someone isn’t satisfied with the decision of a superannuation fund, there is a complaints process with the superannuation fund. If the complaint cannot be resolved within the fund’s complaints process, the complaint can be escalated to the Australian Financial Complaints Authority (AFCA). There are strict time limits throughout the complaints process. It is therefore important to seek advice from an early stage to ensure these time limits are met. If you require assistance with a superannuation death benefit claim or complaint, please get in contact by booking a free initial meeting with us or telephone us on 07 3174 5730. ---