Secure Your Legacy with OMB Solicitors
At OMB Solicitors, we understand the profound importance of protecting your loved ones and your hard-earned assets. As leading Wills & Estates Lawyers on the Gold Coast since 1968, we provide expert, compassionate guidance through every aspect of estate planning and administration. From drafting precise Wills and Enduring Powers of Attorney to navigating complex testamentary trusts and estate disputes, our experienced team ensures your wishes are clearly documented and legally sound. We offer reassurance and clarity, combining deep local knowledge with modern, accessible legal services to give you complete peace of mind.
Established & Reputable Local Presence
With over five decades of service, OMB Solicitors stands as a pillar of legal expertise and trust on the Gold Coast. Our deep roots in the community, including ongoing work for the City of Gold Coast, reflect our commitment to local families and businesses, ensuring dependable, long-term legal support.
Comprehensive Legal Expertise
As a full-service law firm, OMB Solicitors offers comprehensive expertise across seven core practice areas. Our Wills & Estates team works seamlessly with specialists in Property and Family Law, ensuring a holistic approach to your estate planning needs, backed by qualified lawyers and Queensland Law Society Accredited Specialists.
Client-Centred Accessibility
We believe legal services should be accessible and straightforward. OMB Solicitors embraces modern engagement options, including easy online booking, secure online payments, and a client portal. This means Gold Coast clients can manage their legal matters with maximum convenience and stay connected every step of the way.
Personalised Wills & Estate Planning
Crafting a robust Will and a comprehensive estate plan is one of the most significant steps you can take to protect your family’s future. At OMB Solicitors, our Wills & Estates Lawyers work closely with Gold Coast clients to understand their unique circumstances, assets, and wishes. We guide you through the intricacies of drafting a legally binding Will, establishing Enduring Powers of Attorney (EPOA) for financial and health decisions, and exploring advanced strategies like testamentary trusts. Our goal is to minimise future stress and potential disputes, ensuring your legacy is preserved and distributed according to your precise intentions—providing comfort and security for your loved ones.
Expert Estate Administration & Dispute Resolution Services
The period following the loss of a loved one can be incredibly challenging, and navigating the legal complexities of estate administration adds further burden. OMB Solicitors provides sensitive yet authoritative guidance to executors and beneficiaries across the Gold Coast. We assist with obtaining a Grant of Probate or Letters of Administration, managing assets and liabilities, and supporting a smooth distribution of the estate. Should disputes arise, such as family provision claims or challenges to a Will’s validity, our skilled litigation team is prepared to represent your interests, striving for effective and compassionate resolution. Trust us to manage these sensitive matters with professionalism and care.
Client Testimonials
Common Questions About Wills & Estates Law
Why do I need a Will?
A legally valid Will is the cornerstone of any effective estate plan. It allows you to dictate how your assets will be distributed, appoint guardians for minor children, and choose an executor to manage your estate. Without a Will, your estate will be distributed according to intestacy laws, which may not align with your wishes and can cause significant stress, delays, and financial burdens for your family. An OMB Solicitor can help you draft a Will tailored to your specific circumstances and Queensland law, providing clarity and peace of mind for you and your loved ones.
What is an Enduring Power of Attorney (EPOA)?
An Enduring Power of Attorney (EPOA) is a crucial legal document that allows you to appoint a trusted person (or people) to make financial and personal/health decisions on your behalf, should you become unable to do so yourself. Unlike a general power of attorney, an EPOA endures even if you lose mental capacity, offering vital protection. It ensures your affairs are managed according to your wishes, preventing potential family disputes or the need for court intervention. Our lawyers at OMB can help you understand the scope of an EPOA and prepare one that suits your needs.
What happens if I die without a Will (intestacy) in Queensland?
If you die without a valid Will, you are said to have died intestate. In Queensland, intestacy laws dictate how your estate will be distributed, typically favouring immediate family members in a prescribed order. This may not align with your personal wishes or relationships, potentially excluding certain individuals or charities you intended to benefit. Dying intestate can also prolong the estate administration process, increasing costs and causing unnecessary emotional distress for your family. OMB Solicitors can help you avoid these complications by preparing a comprehensive and legally sound Will.
Can I change my Will, and how often should I review it?
Yes, your Will can be updated to reflect significant life events. It’s wise to review your Will periodically, especially after major milestones such as marriage, divorce, the birth of children or grandchildren, significant asset changes, or the death of a named beneficiary or executor. Changes are typically made via a Codicil (an amendment) or by drafting a new Will that revokes previous versions. Our Gold Coast Wills & Estates Lawyers recommend reviewing your Will every few years, or immediately following any major life change, to ensure it remains current and effective.
What is a Testamentary Trust, and could it benefit my estate?
A Testamentary Trust is a trust established within your Will that comes into effect upon your death. Rather than outright distribution, assets are held in a trust for beneficiaries, managed by a trustee you appoint. This can offer advantages for families with complex financial situations, beneficiaries with special needs, or those wishing to protect assets from creditors or family law claims. Testamentary trusts may also provide tax benefits and allow controlled distribution over time. OMB Solicitors can advise whether a testamentary trust is suitable for your estate planning goals and help structure it effectively.
How long does Estate Administration typically take in Queensland?
The timeframe can vary depending on the estate’s complexity, the presence of a valid Will, and any potential disputes. Straightforward estates with clear Wills and no challenges are often finalised in 6–12 months. More complex estates involving multiple assets, business interests, international elements, or disputes may take longer. Obtaining a Grant of Probate, identifying assets and liabilities, lodging tax returns, and distributing assets all influence timing. Our team works efficiently to streamline the process, keeping you informed throughout.
What is Probate and is it always necessary?
Probate is the legal process where the Supreme Court of Queensland confirms the validity of a Will and the appointment of the executor. It gives the executor authority to manage and distribute the deceased’s assets according to the Will. Probate isn’t always required—smaller estates, or assets held jointly (which pass automatically to the surviving owner), may not need it. However, many financial institutions and land registries require a Grant of Probate before releasing assets. We can advise whether Probate is necessary for your circumstances.
Who can challenge a Will in Queensland, and on what grounds?
In Queensland, certain people can challenge a Will, commonly through a Family Provision Claim or a challenge to the Will’s validity. A Family Provision Claim may be brought by eligible family members (such as a spouse, child, or dependent) who believe they have not been adequately provided for. A validity challenge may argue the Will wasn’t properly executed, the deceased lacked testamentary capacity, or was unduly influenced. Strict time limits apply. Our litigation team has extensive experience guiding clients through these matters with clear strategy and strong representation.
How can OMB Solicitors assist with Estate Disputes or Contested Wills?
Estate disputes can be emotionally taxing and legally complex. OMB Solicitors provides robust support for contested Wills and family provision claims across the Gold Coast. We offer clear advice on your rights and options, pursue early resolution where possible through negotiation or mediation, and provide decisive representation in court when needed. Our focus is to resolve disputes as efficiently and respectfully as possible, while protecting your interests.
What information do I need to prepare my Will with OMB Solicitors?
It helps to gather a list of your assets (property, bank accounts, investments, superannuation, insurance policies, valuable possessions) and liabilities (mortgages and debts). You’ll also need the full names and addresses of your chosen executor(s), beneficiaries, and any guardians for minor children. If you have specific gifts or bequests in mind, note those too. Don’t worry if you don’t have everything—our team will guide you through what’s needed and ensure your Will is comprehensive and effective.