Wills & Estates

Wills and Estates Barrister, Brisbane

Specialist advice on will construction, informal wills and executor’s commission.

Jennifer Sheean advises instructing solicitors on the construction of wills, the recognition of informal wills, and applications for executor’s commission. STEP-accredited and with a long-standing specialisation in equity and trusts, she is regularly briefed at the planning and administration stage, before any dispute exists. Clear, considered advice at that point is often what keeps an estate out of litigation altogether.

What This Covers

Scope of work

This work sits alongside Jennifer’s estate litigation practice, and benefits from it. Advice on a draft clause, a testamentary trust structure or an executor’s entitlement is given with a working knowledge of how those provisions are later argued about in the Supreme Court of Queensland.

Construction of wills

Copy wills and section 18 applications

Advice to executors and administrators on duties

Executor’s commission applications and advice

Testamentary trust structures and drafting review

Identifying Taxation issues arising in deceased estates

Why Brief Jennifer

The difference in this area of practice

01 Counsel at the Planning Stage

Jennifer is regularly briefed before a dispute exists, on drafting, structure and construction. Proactive advice on an ambiguous clause costs a fraction of arguing about it after the testator has died.

02 Informed by Contentious Practice

Because the same counsel appears in estate litigation, advice at the planning stage is shaped by what actually gets challenged: informal documents, unclear gifts, discretionary trust provisions and commission claims.

03 STEP-Accredited Estate Specialist

A STEP Advanced Certificate in Cross-Border Estates and current member chair of the STEP Australia Policy and Advocacy Committee, applied to estates with assets or beneficiaries in more than one jurisdiction.

How It Works

From checking availability to resolving the matter

01 Check Real-Time Availability

See open dates on Jennifer’s live calendar before you even pick up the phone.

02 Send Matter Details

Outline the matter by email, enquiry form, or reserve a time.

03 Get a Clear Costs Estimate

A transparent, upfront estimate complying with the legislation.

04 Clear Communication

Clear and responsive communication throughout the life of the matter

05 Resolve the Matter

Resolution focus whether through litigation or as a mediator.

Credentials

STEP

STEP Advanced Certificate, Cross-Border Estates

Bar Association of Queensland

QCAT Sessional Member

FAQ

Questions instructing solicitors ask

What is an informal will in Queensland?

An informal will is a document, or a record in another form, that sets out a person’s testamentary intentions but does not meet the formal signing and witnessing requirements of the Succession Act 1981 (Qld). Section 18 allows the Court to dispense with those requirements where it is satisfied the deceased intended the document to operate as their will. Notes, unsigned drafts, and electronic records have all been recognised in the right circumstances, and the evidence assembled about the deceased’s intention usually determines the outcome

How much does executor’s commission cost?

Executor’s commission is not a fixed fee. It is an allowance for the executor’s pains and trouble, either agreed with the beneficiaries, authorised by the will, or fixed by the Court on application, and it is assessed against the size and complexity of the estate and the work actually performed. Where it is contested, the question is usually whether the amount claimed is reasonable for what was done. Jennifer advises on the strength of a claim and, where an application is needed, the evidence required to support it.

Related Practice Areas

Where matters often overlap

Estate Litigation & Disputes

Family provision applications, executor removal, probate disputes and caveats.

Learn more

Equity & Trusts

Trustee disputes, breach of trust claims and cross-border estates, STEP-accredited.

Learn more

Check Jennifer’s availability and brief Brisbane’s equity, trusts and mediation specialist directly.

One barrister, one point of contact, real-time availability.

Check Availability

07 3211 5592, or send a direct enquiry.

Check availability and brief a specialist directly

One barrister, one point of contact, real-time availability. Clear costs before any brief is confirmed.

Check Availability for Mediation

07 3211 5592

Send a Direct Enquiry

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