Wills and Estates

Whether you are looking to create a will, need assistance administering an estate or require litigation advice, we offer a comprehensive estate and succession planning service. 

Our tailored estate planning solutions cover everything from basic wills, superannuation nominations, powers of attorney to testamentary trusts and complex succession planning.

We also guide executors through the complex process of estate administration, helping them navigate their legal and financial responsibilities efficiently and should disputes arise, our experienced litigation team works to resolve matters fairly, minimizing stress for all involved.

Contact us today to schedule a consultation and take the first step towards securing your family’s future. 

family with children having fun in nature

Estate Planning

Estate planning is the process of making arrangements now for the management and distribution of your assets in the event of your incapacity or passing. Effective estate planning can be a complex process that requires a complete understanding of your objectives and your unique family circumstances.

Our wills and estate lawyers will provide you with relevant and balanced advice so that you can make informed decisions about your estate plan, ensuring your loved ones are protected and your estate distributed in accordance with your wishes.

We assist in all aspects of estate planning including:

  • Wills & Testamentary Trusts
  • Advanced Health Directives

We assist clients in preparing comprehensive wills and testamentary trusts to ensure their assets are distributed according to their wishes. Our tailored solutions provide asset protection and tax efficiency for beneficiaries, while offering peace of mind that your legacy is secure.

We guide clients in creating advanced health directives, outlining specific instructions for medical treatment if they become unable to communicate their wishes. Our legal advice ensures these directives are comprehensive and legally compliant, providing clarity and peace of mind for both clients and their loved ones.

  • Enduring Powers of Attorney
  • Superannuation

We help clients establish enduring powers of attorney, ensuring trusted individuals can make financial, personal, and health decisions on their behalf if they lose capacity. Our guidance ensures these documents are clear, legally robust, and aligned with your wishes to protect your future interests.

We provide strategic estate planning advice to ensure superannuation benefits are structured and distributed according to your wishes. This includes guidance on binding death benefit nominations, which help secure your beneficiaries’ entitlements and maximize the tax efficiency of superannuation payouts, aligning with your broader estate planning goals.

  • Complex Estate Planning

We work closely with your advisors to provide comprehensive structuring and succession planning strategies for individuals and families who require more complex advice on family businesses, trusts and other complex assets or family circumstances.

Estate Administration

Estate administration is the process of distributing a deceased person’s property and assets. It can often be a very complex and emotionally charged process requiring a balance of legal knowledge and compassionate guidance. For this reason, an executor will often engage the services of an experienced wills and estates lawyer to administer an estate.

Our team practice exclusively in the area of wills and estates and have experience administering estates of all sizes and complexities. We work closely with executors to manage the process from start to finish.

We assist with:

  • Grant of Probate
  • Identification of Estate Assets

We assist executors in obtaining a grant of probate, which confirms the validity of a will and authorizes them to manage the deceased’s estate. Our guidance ensures the probate application process is efficient and accurate, helping executors fulfill their duties with confidence and in compliance with legal requirements.

We assist executors in identifying and valuing estate assets to ensure accurate distribution and compliance with legal obligations. Our services include coordinating with professionals for asset appraisals and managing complexities such as real estate, investments, and personal belongings, providing clarity and minimizing potential disputes.

  • Letters of Administration
  • Legal and Tax Considerations

We guide clients through the process of obtaining letters of administration when a loved one passes away without a valid will. Our expertise ensures the application is handled efficiently, allowing the appointed administrator to manage and distribute the estate in accordance with legal requirements and the deceased’s wishes.

We work closely with accountants, financial advisors, and other professionals to manage the intricate legal and tax aspects of estate planning, administration, and succession. Our collaborative approach ensures that clients’ estates are structured to minimize tax liabilities, comply with legal requirements, and achieve the most efficient outcomes for beneficiaries.

  • Settling Liabilities
  • Realising Assets and Distributions to Beneficiaries

We assist executors in identifying, managing, and settling the liabilities of an estate, including outstanding debts, taxes, and other financial obligations. Our team ensures all liabilities are addressed in a timely and legally compliant manner, protecting both the estate’s assets and the interests of beneficiaries.

We guide executors in the process of realising estate assets, whether through sale, transfer, or liquidation, to ensure the estate’s financial obligations are met. Once all liabilities are settled, we facilitate the fair and timely distribution of assets to beneficiaries in accordance with the will or applicable laws, ensuring transparency and compliance throughout the process.

Estate Disputes

Estate disputes can arise for a multitude of reasons, often stemming from complex family dynamics, financial interests, and legal complexities. These disputes frequently revolve around disagreements over the distribution of assets, challenges to the validity of wills, questions of undue influence, claims of breach of fiduciary duty, and the interpretation of a will.

Our estate litigation team provide clear and pragmatic advice on:

  • Family Provision Claims
  • Challenging Validity of a WIll

We provide expert advice and representation for individuals seeking to challenge a will or make a family provision claim. Our team helps clients navigate complex legal frameworks to secure a fair share of an estate, particularly when they feel inadequately provided for, ensuring that their rights are protected in court.

We assist clients in challenging the validity of a will based on grounds such as lack of testamentary capacity, undue influence, or improper execution. Our experienced team works to protect clients’ interests, whether contesting or defending a will, ensuring that any disputes are resolved fairly and efficiently.

  • Capacity Disputes
  • Executor Breaches

We offer guidance in resolving capacity disputes, particularly when questions arise over an individual’s ability to make valid decisions regarding their will, financial matters, or personal care. Our team works with medical professionals and legal experts to establish whether capacity was compromised and supports clients through the complexities of litigation.

We provide legal support in cases where executors or trustees breach their fiduciary duties, such as failing to act in the best interests of beneficiaries, mismanaging estate assets, or failing to adhere to the terms of the will or trust. Our team helps hold executors or trustees accountable, seeking remedies such as removal, compensation, or other legal actions to protect the interests of the estate and beneficiaries.

  • Misuse of Powers of Attorney
  • Will Interpretation Advice

We assist in addressing cases where a power of attorney is misused, whether through unauthorised decisions, conflicts of interest, or failure to act in the principal’s best interests. Our team works to protect the interests of the principal and their estate, taking appropriate legal action to revoke or challenge misuse and prevent further harm.

We provide expert advice on interpreting wills when ambiguity or uncertainty arises regarding the testator’s intentions. Our team helps resolve disputes or unclear provisions, ensuring the will is executed in accordance with the testator’s true wishes and in compliance with legal requirements.

Our Wills & Estate Team

Jayson Waldon

Principal

Michael Keir

Principal

Nadette Stafford

Senior Associate

Stephen Wills

Senior Associate

Jess Keir

Senior Associate

Riana Connolley

Lawyer

JAYSON WALDON

Jayson has an approachable and genuine style coupled with an ability to take complex legal issues and break them down for clients, so they can gain a full understanding of their matter.  

Jayson is known for delivering practical clear advice to clients across regional Queensland. Having grown up in Ingham, Jayson has a strong connection with rural Queensland and a better understanding than most about what makes regional communities tick.

Jayson provides advice to private clients, family businesses, small to medium enterprise and rural enterprise on a range of corporate and commercial matters including all aspects of property law, estate and succession planning, elder law and rural law.

Jayson has an approachable and genuine style coupled with an ability to take complex legal issues and break them down for clients, so they can gain a full understanding of their matter.

Jayson is passionate about helping local businesses and individuals succeed, which is why he has built such a loyal client following and professional network over the past 30 years.

“Clients and community have always underpinned my approach to business. Throughout my career I’ve received unwavering support from the Hinchinbrook and greater North Queensland community, which is why it is important for me to do my utmost to return the favour and achieve positive outcomes for my clients and give back to the community.”

When he’s not at work you will likely find Jayson running one of his four boys to training or a sporting event on the weekend.

MICHAEL KEIR

Mick is renowned in North Queensland for being a leading solicitor when it comes to commercial transactions and complex legal issues, especially where ‘left field’ thinking is required.  

With 25 years of experience, he has a knack for seeing problems from a different perspective in order to find innovative solutions that are tailored to his client’s individual goals.

His practical, straight-shooting approach in the areas of commercial, corporate, mergers and acquisitions, rural law and property development, is refreshing for clients who want to see solid, tangible outcomes.

Mick knows that providing advice to clients in these areas of business requires not only an understanding of the relevant law, but also a healthy appreciation of the commercial realities involved in each particular transaction.

Mick provides advice to small, medium and large agribusiness operators, local governments, government owned corporations, corporate and family businesses across a diverse range of industries. He has quality experience in the beef, cane, aquaculture, aviation, energy, solar, marine, mining, quarry, health, probity, property development and construction industries and sits on several private advisory boards in that regard. Mick is recommended by Doyles as a Leading Agribusiness Lawyer – Queensland, and is also a director of Mercy Community Services NQ. 

When the weather’s good, Mick likes to hitch his boat to the back of his 4WD and set out with his four teenage sons Connor, Harri, Darcy and Sam, exploring the hidden gems of North Queensland.

NADETTE STAFFORD

Nadette heads up the Wills & Estates team at Keir Steele Waldon Lawyers.

Practicing exclusively in this area for many years, Nadette has an intricate knowledge of estate planning and administration. Her experience spans simple wills and enduring powers of attorney to complex family and business succession planning. Nadette enjoys working collaboratively with clients, exploring different options and crafting comprehensive solutions to best suit their circumstances. 

When administering an estate, Nadette guides clients through the entire process, from obtaining probate through to asset distribution and litigation if required. Her meticulous attention to detail combined with her ability explain complex legal issues, means clients are confident that their matter is getting the attention it deserves.

Outside the office Nadette is heavily involved in local netball both as a coach and player. She is a mum to three young children and loves the company of a good book in her “spare time”. 

 

JESS KEIR

The law is constantly evolving, especially in the areas of commercial litigation, industrial relations and estate litigation.  Jess has 15 years of experience acting for clients in litigation matters, including representing clients across all state and federal courts and tribunals. As a senior commercial litigator and dispute resolution lawyer, Jess works with clients to provide solutions in a wide variety of commercial matters including insolvency, debt recovery, contract disputes and local government matters. 

With the increase in contested wills and estates in Queensland, Jess works with clients and families to ensure the least stressful, and best possible outcome for families during what can be a difficult time in life.

 In the industrial relations sphere, Jess makes sure that both employees and employers have the right industrial relations advice at the outset and can navigate through developments that are relevant to them, and their workplace.

 “People tend to have a bit of a negative attitude towards lawyers, but I love the fact that we can take the weight off a person’s shoulders during really stressful times in their life.”

 She understands that for business, it is imperative that matters are turned around quickly, and within budget. Jess has a track record of meeting and exceeding these expectations. She prides herself on being commercially perceptive and instilling confidence in clients.

 “I’d be lying if I didn’t say the best part of my job is getting a win for the client, either through court or through an excellent negotiated outcome. Those are the best phone calls to make.”

 Jess can provide advice and representation in areas such as:

  • Corporate and commercial disputes
  • Partnership and shareholder disputes
  • Contractual disputes
  • Leasing, tenancy, and land disputes
  • Industrial relations law
  • Wills and Estates litigation
  • Insolvency
  • Administrative law
  • Defamation
  • Consumer protection 

RIANA CONNOLLEY

Riana’s legal career has spanned across both public and private practice, giving her experience dealing with many unique and complex estate administration matters. Riana prides herself on her timely service and regular communication throughout a matter, so that clients are always kept up to date and matters progress as efficiently as possible.

Riana is known for her ability to immediately connect with clients and the commitment she demonstrates (by always doing what she says she will). She is passionate about continually learning and honing her craft to be better able to support her clients.

When she is not working, Riana is busy being a mother to two young kids. On the odd occasion that she finds some time for herself, it is spent with a good book or with good friends and family.