When preparing a Will, one of the most important decisions you will make is how your assets are gifted. While many people assume estate planning simply involves deciding “who gets what,” the structure of those gifts can significantly impact how smoothly your estate is administered and whether your wishes are ultimately carried out. 

This article breaks down the structure of a Will in Queensland, explains the key components, and helps you understand what you should expect from a professionally drafted estate plan. Whether you’re creating your first Will or reviewing an existing one, this guide will give you clarity and confidence. 

When most people think about estate planning, they focus on their Will. Others may also consider an Enduring Power of Attorney or even a Testamentary Trust. But a truly comprehensive estate plan goes beyond these core documents. As we move through 2026, it’s essential to take a closer look at some often-overlooked aspects of your estate plan—elements that, if neglected, can cause confusion, disputes, or financial complications for your loved ones after you pass away. Here are three key areas to review and address as part of your estate planning process this year. 

Testamentary trusts have become a popular and powerful estate planning tool for many Australians looking to safeguard their legacy and provide meaningful, long-term benefits for their beneficiaries. As we continue through 2026, more people are considering whether a testamentary trust should be part of their Will and with good reason. 

As we settle into 2026, it’s the perfect time to revisit important aspects of your estate planning starting with your Enduring Power of Attorney. This legal document is often overlooked, yet it plays a critical role in protecting your interests if you lose capacity. 

Below, we break down what an Enduring Power of Attorney is, when it might need updating, and why it’s a vital part of your estate plan. 

As we step into a new year, it’s the perfect time to reflect not only on personal goals but also on whether your estate planning documents still reflect your current wishes. One of the most common questions I get asked is: “Does my Will need to be updated?” And if you already have a Will, this article is your gentle nudge to pull it out and review it. 

From the growing popularity of testamentary trusts to a rise in capacity-related disputes, these trends offer important insights into how Queensland families are approaching their estate plans and where many still face challenges. 

Superannuation is often one of the largest assets a person owns, especially for younger Australians who may not yet have entered the property market. But despite its importance, most people don’t fully understand how their super is treated when they pass away. While it is connected to your estate, what happens to your super is determined by a completely separate process, one controlled by your super fund.

As Queensland’s population ages, the legal issues facing older Australians and their families are changing. At Vicca Law, we work closely with clients navigating everything from capacity concerns and family disputes to enduring power of attorney complications. In practice, we’ve noticed recurring patterns in the types of elder law matters clients bring to us. These trends are often preventable with the right planning in place. 

Capacity is one of the most critical and complex, issues in modern estate planning. As Australians live longer and manage increasingly valuable estates, questions about capacity are becoming more frequent, and more urgent. Whether you're preparing a Will, appointing an Enduring Power of Attorney, or acting on behalf of an older family member, understanding how capacity is assessed and protected under Queensland law is essential. 

As part of our series on elder law, this article addresses a difficult but increasingly common issue: elder abuse. While it’s not an easy topic to confront, it’s an essential one, especially as more families find themselves navigating the complexities of ageing, decision-making authority, and financial vulnerability. 

As Australia’s population ages and lifespans increase, the legal needs of older Australians are evolving rapidly. Alongside issues like incapacity, retirement living, and aged care decisions, one deeply concerning topic continues to emerge: elder abuse. 

If you’re planning your estate and want to provide both flexibility and protection for the next generation, a testamentary trust might be the most powerful tool at your disposal. Testamentary trusts are increasingly becoming a preferred strategy in modern estate plans - particularly for those who want to safeguard their children’s inheritance, protect assets in the event of a relationship breakdown, or create a lasting legacy across multiple generations.

After the end of a significant relationship, it's completely natural to feel cautious when stepping into something new. Whether you’ve been through a divorce or the end of a de facto partnership, it’s wise to take steps to protect your assets, your children, and your intentions should something happen unexpectedly.

Separation is a significant life event that comes with many legal, emotional, and financial considerations, especially when it comes to your estate plan. Whether you’ve separated from a spouse after marriage or from a de facto partner, reviewing and updating your estate planning documents is critical to protecting your legacy and ensuring your wishes are honoured. 

n Queensland, de facto relationships have important legal consequences when it comes to estate planning and wills. While most people understand that spouses have rights to each other’s estate, fewer realise that de facto partners are treated similarly under the Succession Act 1981 (Qld) provided they meet certain legal criteria. 

When planning your future with a partner, estate planning might not be at the top of your to-do list, but it absolutely should be. One crucial legal fact many people are surprised to learn is that in Queensland, your Will is automatically revoked when you get married. That means if you already had a valid Will in place before your wedding day, it is no longer effective unless it specifically includes a clause made “in contemplation of marriage.”

When a loved one loses the ability to make personal or health-related decisions for themselves, it can be an overwhelming time for families. If there’s no valid Enduring Power of Attorney in place, you may need to consider applying for guardianship through the Queensland Civil and Administrative Tribunal (QCAT). Understanding how this process works can help you make informed decisions during a difficult chapter of life.

An Advanced Health Directive (AHD) is a valuable legal document that forms part of comprehensive estate planning in Queensland. While it is often mentioned in the same conversation as an Enduring Power of Attorney (EPOA), the two serve different purposes. The AHD specifically addresses your preferences and directions regarding medical treatment and healthcare, particularly at the end of life. 

An Enduring Power of Attorney (EPOA) is a critical legal document that gives someone you trust the authority to make financial and personal decisions on your behalf. While it’s an essential part of a well-rounded estate plan, there are several common issues—both legal and practical—that principals and attorneys should consider before and during its use.