1300 673 792

Wills & Estate Lawyer in Scarborough

A Will Written by You, Not by the Succession Act

Will drafting and estate planning for Scarborough households, from the Redcliffe office.

Couple families without children are the largest family type in Scarborough, at 52.4% of families. In a two-person household the question of a will can feel like it has already answered itself — it will all go to my partner anyway — so the document never gets written. Queensland law does not read it that way. Where there is no valid will, the estate is distributed under a fixed statutory order in the Succession Act, ascertained from a schedule to the Act by reference to the facts existing at the time. Catton Roderick Lawyers draft wills and plan estates for Scarborough households from the Redcliffe office, Tuesday to Friday. Call 1300 673 792 to get it done.

Book a confidential consultation Call 1300 673 792

Two people, a home, and nothing written down. That is the most common family shape in Scarborough: couple families without children make up 52.4% of families here, ahead of couples with children at 30.2% and one-parent families at 16.3%, the lowest one-parent share of the five Redcliffe peninsula localities. Around 60.5% of occupied dwellings are separate houses and close to three in ten are flats or apartments, which fits a suburb of small households either way. It is also the household in which a will is easiest to postpone, because the answer seems obvious. Queensland law supplies its own answer where no valid will exists, and it is not the couple's. This page sets out what that means, and what making a will actually involves.

Local knowledge

Why this matters where you live

There is no Catton Roderick office in Scarborough. The office you would attend is at Level 1, 133 Redcliffe Parade, Redcliffe QLD 4020, open Tuesday to Friday, 9:00am to 5:00pm — a short trip from Scarborough. Call 1300 673 792 to arrange a time.

The sentence that keeps wills unwritten in Scarborough is a short one: it will all just go to my partner anyway. It is an easy thing to believe in a suburb where 52.4% of families are a couple without children — the largest family type here — and where one-parent families make up 16.3%, the lowest share of the five Redcliffe peninsula localities, with 13.0% of residents aged 0 to 14.

Queensland law does not treat that assumption as an instruction. Where a person dies without a valid will, the Succession Act applies a fixed statutory order: the people entitled to the estate are ascertained by reference to a schedule to the Act, according to the facts and circumstances existing in relation to the person who died. That order begins with spouse and children. Beyond that, no general page can responsibly say what the Act would do with a particular estate, and this one does not try. The point is not the contents of the formula. The point is that a formula applies at all, that it runs on the facts as the Act finds them, and that it is not the instructions the couple would have written.

There is a second consequence, and it arrives sooner. A will names an executor. Where there is no will, nobody has been named, so someone must apply for letters of administration before the estate can lawfully be managed. That is an extra formal step landing on a surviving partner at the worst possible time, and it tends to matter more here than elsewhere on the peninsula: 38.0% of Scarborough dwellings are owned outright, the highest share of the five peninsula localities, and 29.5% are rented, the lowest of the five. What a household holds is often concentrated in the home rather than in money that can be reached quickly.

None of this is a reason for alarm, and none of it describes any particular household — Census figures describe a suburb, never a reader. It is simply a reason to write the document. Around four thousand Scarborough households sit on one side or the other of a single line: either a valid will exists, or the statutory order decides. Catton Roderick Lawyers draft wills that name beneficiaries and an executor expressly, with estate planning around them, help selecting executors with written guidance, and guidance on how Queensland law deals with family provision claims. Appointments are at the Redcliffe office on Redcliffe Parade, open Tuesday to Friday — a short trip from Scarborough.

Common situations

What we are asked about most

Assuming a surviving partner automatically takes everything, so no will is ever made

Why it happens

In a suburb where couple families without children are the largest family type at 52.4%, the assumption feels self-evident and is never tested against the legislation.

Why it matters

Where there is no valid will, the estate is distributed under the fixed statutory order in the Succession Act — ascertained from a schedule by reference to the facts existing in relation to the person who died — rather than by what the couple took for granted.

How we help

We draft wills that name beneficiaries expressly, with estate planning around the document, so the couple's own decisions govern instead of a default.

No will also means no executor has been named

Why it happens

People think of a will as a list of who gets what and overlook that it also appoints the person with authority to act.

Why it matters

Where there is no valid will, someone must apply for letters of administration before the estate can lawfully be managed — an extra formal step for whoever is left, and one more likely to bite in a suburb where 38.0% of dwellings are owned outright, the highest share of the five peninsula localities.

How we help

Will drafting appoints an executor in the document, and we offer help selecting executors plus clear written guidance.

Expecting a general explanation to tell you what your own estate would do

Why it happens

Intestacy gets discussed in shorthand, so people carry away half-remembered rules about who takes what and act on them.

Why it matters

The Act ascertains entitlement from a schedule by reference to the facts and circumstances existing in relation to the person who died, so no general statement can be applied to an individual estate, and nothing on this page is advice about yours.

How we help

Our answer is to remove the question rather than answer it in the abstract: a drafted will sets out your own instructions, so the schedule never has to be consulted.

Believing a will covers everything a couple owns

Why it happens

Superannuation death benefits and jointly held property may pass outside a will and are not automatically governed by its terms. This is general information only, not personal financial or superannuation advice, and it is not a statement about any particular fund, nomination or account.

Why it matters

A plan can involve more than one document, so the pieces are worth looking at together rather than assuming a single form covers the lot.

How we help

Our estate planning covers asset structuring, distribution strategy and provisions for dependants alongside the will itself.

Putting the will off because of what it might cost

Why it happens

Scarborough's household, family and personal incomes are ordinary suburban figures, and fear of an open-ended legal bill is one of the main reasons a will never gets written at all.

Why it matters

The cost worry is what leaves the document unwritten, and an unwritten document is exactly what hands the question to the statutory order.

How we help

The firm states that for straightforward situations it offers fixed-fee work, that more complex estates involving blended families, business interests or significant assets may need a tailored quote, and that it discusses the full cost up front so there are no surprise bills.

Confusing making a plan with contesting one

Why it happens

Family provision under the Succession Act is widely discussed, so 'who could claim' and 'what should my will say' get treated as one question.

Why it matters

The Act allows a spouse, child or dependant to apply to the court for provision where adequate provision was not made for their proper maintenance and support, generally within nine months of the death, with the court able to allow a late application. Knowing the categories exist is a reason to draft carefully.

How we help

These pages cover planning only: we provide guidance on how Queensland law deals with family provision claims, and anyone whose situation is a dispute rather than a plan is pointed to the firm's separate estate claims practice.

What we offer

How we can act for you

Will drafting

Bespoke wills carefully drafted to reflect your wishes, your relationships and the assets you hold.

Book a consultation
Locally

This is the card that answers the Scarborough assumption. Couple families without children are the largest family type here, at 52.4% of families, and in that household 'it will all go to my partner anyway' is a common reason a will never gets written. Where no valid will exists, the Succession Act's fixed order decides instead, ascertained from a schedule to the Act by reference to the facts existing in relation to the person who died. A drafted will replaces that default with named beneficiaries and a named executor, so nobody is left applying for letters of administration in the absence of one. No page can tell you what the Act would do with your estate. A will means it never has to.

Estate planning

Asset structuring, distribution strategy, and provisions for dependants.

Talk about estate planning
Locally

Scarborough households own outright more often than their peninsula neighbours — 38.0%, the highest share of the five peninsula localities, with 29.5% rented, the lowest of the five — so what a couple holds is often concentrated rather than easy to reach. Some of it may not be governed by the will at all: superannuation death benefits and jointly held property may pass outside its terms, which is general information rather than personal financial or superannuation advice. Planning looks at the whole picture alongside the document.

Executor guidance

Help selecting the right executors, plus clear written guidance on how to properly care for your estate.

Ask about executors
Locally

A will appoints someone. Where there is no valid will nobody has been appointed, and a person must apply for letters of administration to gain authority to manage the estate. In a two-person Scarborough household the obvious appointee is the partner, so the conversation worth having is who acts if that is not possible. We help select executors and provide that guidance in writing.

Family provision guidance

Guidance on how Queensland law deals with family provision claims.

Estate claims & disputes
Locally

Planning side only. The Succession Act allows a spouse, child or dependant to apply to the court for provision where adequate provision was not made for their proper maintenance and support, generally within nine months of the death, though the court may allow a late application. Knowing those categories exist is a reason to draft a will carefully rather than leave the estate to the statutory order. This page goes no further: a dispute is separate work, handled by the firm's estate claims practice.

Locally

Locally

Credentials

Who would be acting for you

Making the will is the whole job on this page, so it matters who drafts it. Dr Darren Catton SJD (QUT), TEP is the firm's principal; the firm states he has more than 30 years' experience in Queensland estate law and is a member of the Queensland Law Society Property Law committee. TEP is the designation used by full members of the Society of Trust and Estate Practitioners, a recognised mark for practitioners working in wills, trusts and estates. Catton Roderick Lawyers describe themselves as a locally owned and operated family practice, and the firm's Redcliffe wills and estates hub names Scarborough among the suburbs it serves. Appointments are at Level 1, 133 Redcliffe Parade, Redcliffe QLD 4020 — a short trip from Scarborough, not an address in it — Tuesday to Friday, 9:00am to 5:00pm. The stated path is three steps: an initial consultation, drafting and review until you are comfortable, then signing and safekeeping with executor guidance. The firm states straightforward situations are offered on a fixed fee, complex estates may need a tailored quote, and the full cost is discussed up front.

Scope of work

What is covered

  • Will drafting
  • Estate planning
  • Executor guidance
  • Family provision guidance
Where to find us

Serving Scarborough

Birtinya

Regatta 1 Business Centre, 2 Innovation Pkwy, Birtinya QLD 4575

By appointment only

1300 673 792

Caboolture

Unit 3, 9 East Street, Caboolture QLD 4510

Monday to Friday, 9:00am–5:00pm

1300 673 792

Redcliffe

Level 1, 133 Redcliffe Parade, Redcliffe QLD 4020

Tuesday to Friday, 9:00am–5:00pm

07 3284 9666

Catton Roderick Lawyers

Wills & Estate Lawyer · appointments cover Scarborough and the wider Redcliffe area

Phone
1300 673 792
Email
info@cattonroderick.com.au
Questions

Frequently asked questions

We don't have children — doesn't everything just go to my partner?

Not automatically. Where a person dies without a valid will, the Succession Act applies a fixed statutory order, and the people entitled are ascertained by reference to a schedule to the Act according to the facts and circumstances existing in relation to the person who died. That order begins with spouse and children. Beyond that, no general page can responsibly say what the Act would do with a particular estate. The point is that a formula applies at all, and that it is not the instructions the couple would have written. A drafted will replaces the default with beneficiaries and an executor you name.

What happens if neither of us has a will and one of us dies?

Two things, and the second arrives sooner. The estate is distributed under the statutory order rather than by what either of you intended. And because no will exists, nobody has been named as executor, so someone must apply for letters of administration before the estate can lawfully be managed — an extra formal step landing on a surviving partner at the worst possible time. That tends to matter here: 38.0% of Scarborough dwellings are owned outright, the highest share of the five peninsula localities, so what a household holds is often concentrated in the home rather than in money that can be reached quickly.

Can you tell us what the Act would give each of us?

No, and no general page should. The Act ascertains entitlement from a schedule by reference to the facts and circumstances existing in relation to the person who died, so no general statement can be applied to an individual estate, and nothing on this page is advice about yours. Our answer is to remove the question rather than answer it in the abstract: a drafted will sets out your own instructions, so the schedule never has to be consulted.

Is a will still worth making if we own everything together?

Yes. A will does two things that holding assets jointly does not: it names beneficiaries expressly, and it appoints an executor. It is also worth knowing that superannuation death benefits and jointly held property may pass outside a will and are not automatically governed by its terms — general information only, not personal financial or superannuation advice, and not a statement about any particular fund, nomination or account. A plan can involve more than one document, which is why estate planning looks at asset structuring and distribution alongside the will itself.

What does a will cost?

The firm states that for straightforward situations it offers fixed-fee work, that more complex estates involving blended families, business interests or significant assets may need a tailored quote, and that it discusses the full cost up front so there are no surprise bills. Raise it at the first conversation. The cost worry is what leaves a document unwritten, and an unwritten document is exactly what hands the question to the statutory order.

Do you have an office in Scarborough?

No. Appointments are at Level 1, 133 Redcliffe Parade, Redcliffe QLD 4020 — a short trip from Scarborough, not an address in it — Tuesday to Friday, 9:00am to 5:00pm. The firm's Redcliffe wills and estates hub names Scarborough among the suburbs it serves. Call 1300 673 792 to arrange a time.

Next step

Until a will exists, the question has already been answered — by a fixed statutory order in the Succession Act rather than by you. Making one is a finite piece of work: a first conversation, a draft you read through until you are comfortable with it, then signing and safekeeping. If you and your partner have never written anything down, that is the starting point, and it is the same starting point whichever way your household is made up. Catton Roderick Lawyers draft wills and plan estates for Scarborough households from the Redcliffe office, Tuesday to Friday. Call 1300 673 792 or use the form below, and raise cost at the first conversation — the firm states it discusses the full cost up front and offers fixed-fee work for straightforward situations.

Book a confidential consultation
1300 673 792 info@cattonroderick.com.au
Keep exploring

Related pages

Main area page
Wills & estates Redcliffe
Nearby areas
Related services
Resources
References

Sources

ABS 2021 Census QuickStats — Scarborough (SAL32524)Couple families without children 52.4% of families (used **unranked**), couples with children 30.2%, one-parent families 16.3% (lowest of the five peninsula localities), 13.0% aged 0–14, 60.5% separate houses with close to three in ten flats or apartments, 38.0% owned outright (highest of the five), 29.5% rented (lowest of the five), around four thousand households
Succession Act 1981 (Qld)Where there is no valid will the estate passes under a fixed statutory order, ascertained from a schedule to the Act by reference to the facts and circumstances existing in relation to the person who died, beginning with spouse and children (s35 and Sch 2); a spouse, child or dependant may apply for family provision where adequate provision was not made for their proper maintenance and support, generally within nine months of death, with a court discretion to allow a late application (s41)
Queensland Courts — probate and letters of administrationWhere no will names an executor, a person must apply for letters of administration to gain authority to manage the estate
STEP — about the TEP designationTEP is the designation used by full members of the Society of Trust and Estate Practitioners, a recognised mark for practitioners working in wills, trusts and estates
Catton Roderick Lawyers — Redcliffe wills & estates hubScarborough named among the suburbs served; the four wills services; the stated three-step process (initial consultation, drafting and review, signing and safekeeping with executor guidance); fixed fee for straightforward situations, tailored quote for complex estates, full cost discussed up front
Catton Roderick Lawyers — Redcliffe office pageLevel 1, 133 Redcliffe Parade, Redcliffe QLD 4020, open Tuesday to Friday, 9:00am to 5:00pm
Catton Roderick Lawyers — about pageThe firm's own statements: more than 30 years' experience in Queensland estate law, Dr Darren Catton's SJD (QUT) and TEP, Queensland Law Society Property Law committee membership, locally owned and operated family practice

For more information about our professional legal services or a free quote, call our friendly team today on 1300 673 792.

Business information

Address: Unit 3, 9 East Street, Caboolture, QLD 4510

Phone: 1300 673 792

Business Hours

Caboolture – Mon to Fri - 9am to 5pm - Closed Sat, Sun,

Redcliffe – Tues to Fri – 9am to 5pm - Closed Sat, Sun, Mon

Sunshine Coast - By Appointment Only

Content, including images, displayed on this website is protected by copyright laws. Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited.

Copyright © , Website design and hosting by Smart Local