Wills and Estates

Whether you are looking to create a will, establish a trust, or need assistance with estate administration, our wills and estates team is here to help. As well as assisting clients in estate planning and administration, we also have an experienced team of estate litigation lawyers who will protect your interests in the event of a dispute. Contact us today to schedule a consultation and take the first step towards securing your family’s future. 

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 and Testamentary Trusts

We draft legally robust wills to ensure your wishes are clearly expressed and your beneficiaries protected from avoidable financial and legal issues.

Enduring Powers of Attorney

We advise on and prepare enduring powers of attorney allowing you to appoint trusted individuals to make financial and medical decisions on your behalf if you become incapacitated.

Advanced Health Directives

We assist in drafting advanced health directives, which allow you to give directions about your future health care and special health care.

Superannuation

We provide advice on strategies for dealing superannuation benefits including assisting with completing binding death benefit nominations to ensure benefits are passed on to the appropriate beneficiaries.

Complex Succession 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:

  • General advice to executors, trustees and beneficiaries on their duties and rights.
  • Obtaining a Grant of Probate
  • Applying for a Grant of Letters of Administration (if their is no Will, or the Will is invalid)
  • Managing complex legal and tax considerations.
  • Managing and settling liabilities of the estate.
  • Identification and valuation of the estate assets.
  • Realising assets and distributing to beneficiaries.

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 (disputing a share of a will)
  • Challenges to the validity of a will
  • Capacity disputes
  • Beaches of duty by an executor or trustee
  • Misuse of powers of attorney
  • Will interpretation advice, and more.

Our Wills & Estate Team

Jayson Waldon

Principal

Michael Keir

Principal

Nadette Stafford

Senior Associate

Stephen Wills

Senior Associate

Jess Keir

Senior Associate

Lynda O'Brien

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 20 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.

JESS KEIR

The law is constantly evolving, especially in the areas of industrial relations, commercial and estate litigation.
With the increase in contested 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 are able to navigate through developments that are relevant to them, and their workplace.

While prevention is better than cure, Jess has over ten years of experience acting for clients in litigated matters, including representing clients across all state and federal courts and tribunals.

“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.

As well as working in employment and succession law, Jess is also an experienced commercial litigator and dispute resolution lawyer, working with clients to provide solutions in a wide variety of commercial matters including insolvency, debt recovery, contract disputes and local government matters.

“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.”

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.