If you need to prepare a Will, your first point of contact should be with a qualified lawyer, preferably one who has practices exclusively in the area of wills and estates. They will have the expertise to guide you through the process, ensuring that your will is legally sound and reflects your wishes. McNamara Law can help you and your family plan for the future, whether that be with a broad estate plan or a simple will, affording you peace of mind.
When drawing up a will, the first steps you should consider involve assessing your assets and determining how you want them distributed after your death. Begin by making a comprehensive list of all your assets, including property, financial accounts, superannuation, investments, personal belongings and any other valuable items. Next, decide who your beneficiaries will be and what portion of your estate each will receive. It’s also essential to appoint a reliable executor who will be responsible for carrying out the wishes as outlined in your will. McNamara Law can help you through each step of the way to ensure a smooth, simple and stress-free process while providing you with peace of mind for the future.
Rebekah was appointed as a Director of McNamara Law in 2023. Her career at the firm began in 2003 as a legal receptionist upon her graduation from high school. Rebekah’s journey through the ranks of McNamara Law was marked by dedication, hard work and a deep commitment to her clients.
Rebekah practices exclusively in the area of Wills and Estates. Her outstanding knowledge in estate planning, estate litigation and estate administration matters quickly earned her recognition as one of the top succession lawyers in the region, having been awarded Queensland Law Society’s Regional Practitioner of the Year in 2021.
If you require assistance in the area of Wills and Estates, whether it be helping you navigate through the loss of a loved one, preparing your own Will and Power of Attorney or a contentious Will dispute, Rebekah is willing and capable to assist you. Contact us today if you would like to arrange a consultation with Rebekah.
Rebekah recently won Business Person of the Year at the 2024 Greater Springfield Chamber of Commerce Marquee Business Awards. Click here to read more.
Re McDonald (unreported, Callaghan J, Supreme Court of Queensland, 15 September 2023) – a case where Rebekah successfully Probated a handwritten note as the Last Will of the deceased
Hughes v Trokic (unreported, Burns J, Supreme Court of Queensland, 16 June 2023) – a case where Rebekah successfully obtained a court ordered Will for a person who did not have testamentary capacity and where a Will had been executed by him while incapacitated and in questionable circumstances
Re McMahon [2022] QSC 236 – a successful defence of an application to rectify a will
AC v Department of Children [2021] QSC 64 – a case on setting aside an adoption with a view to then challenging an unfair will
Re Field QCAT GAA10450-21 – an application to overturn an Enduring Power of Attorney prepared for a person when he did not have capacity and in questionable circumstances. Rebekah successfully had the previous EPOA reinstated
Haggarty v Wood (No 2) [2015] QSC 244 – the second part of this case where the Rebekah was successful on behalf of her client in obtaining summary judgment against a defendant who sought relief against her pursuant to a testamentary contract
Haggarty v Wood [2013] QSC 327 – a mutual wills/contract to make a will case where Rebekah successfully applied on behalf of her client to strike out the plaintiff’s Statement of Claim. Rebekah’s application was made on the basis that the alleged contract to make mutual wills did not have any consideration moving from one of the parties and was not coupled with an agreement not to revoke the will. A claim of undue influence was also struck out because it did not allege any material facts from which an inference of coercion/undue influence could be drawn.
Therese is a valuable member of the McNamara Law team, having joined in November 2021, just before graduating from the University of Southern Queensland with a Bachelor of Law. She went on to complete her Graduate Diploma in Legal Practice with the Queensland University of Technology in June 2022 and was admitted to the legal profession in August 2022.
Therese works closely with her mentors, Senior Associate Rebekah Sanfuentes and Special Counsel Kevin Steed, and is quickly developing a reputation as a skilled and knowledgeable practitioner in the field. She has a particular interest in estate planning and excels at drafting Wills, Enduring Powers of Attorney, and other related documents. Her ability to provide clients with straightforward and practical solutions that reflect their unique circumstances is what drives her in her work.
Therese believes that effective estate planning is essential for protecting clients’ interests and ensuring their wishes are respected, which in turn can help ease the burden on grieving families. Her passion for the field is evident in her enjoyment of drafting complex and unusual clauses in Wills. Drawing on her love of painting and other forms of artistic expression, Therese enjoys the challenge of finding creative solutions to clients’ needs.
Overall, Therese is a highly motivated and talented junior lawyer whose dedication to her work and her clients make her an asset to the McNamara Law team.
Rupali joined McNamara Law in 2024 and has quickly become a valued member of the team. She graduated from the Queensland University of Technology in 2023, earning a dual degree in Psychology and Law (honours). This unique combination of degrees has shaped her ability to connect with and understand clients on a personal level, offering a blend of legal expertise and empathetic support.
Rupali completed a Graduate Diploma in Legal Practice in mid-2024 and was admitted to the legal profession in November 2024. She has a strong interest in Family Law and Wills & Estates Law, and although she began her career in Family Law, she is now focusing on Wills & Estates to help individuals and families navigate and plan for some of life’s most challenging moments.
Outside of work, Rupali enjoys spending time with family and friends, exploring new restaurants, and engaging in creative hobbies like painting.
After graduating from Griffith University in October 2018, Dakota Manning pursued further legal education and completed a Graduate Diploma in Legal Practice with the College of Law in August 2019. This led to her admission to the Supreme Court of Queensland in October 2019, marking the beginning of her professional legal career.
In January 2025, Dakota joined McNamara Law’s Estates team, returning from maternity leave after welcoming her son in March 2024. Prior to this, she practiced law across New South Wales and Queensland for three years, gaining valuable experience in conveyancing, commercial law, and wills and estates law. This diverse background has equipped her with a broad skill set and a deep understanding of various legal domains.
Currently, Dakota is focusing on honing her skills within the wills and estates sector, with a particular interest in estate administration. Her goal is to make the process as smooth as possible for clients during their difficult times of grieving. Having moved to the area last year after living on the Gold Coast for nine years, she is excited to bring her expertise and dedication to the local community.
Unit 10
88 Limestone St
Ipswich 4305
Queensland
Ph: 07 3816 9555
GE Building,
Level 1, 6 Yoga Way
Springfield Central 4300
Queensland
Ph: 07 3470 3600
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Your family’s future is our business.
No one knows when illness or an accident might happen.
Who will keep paying your bills or make decisions about your medical treatment?
What will happen to your loved ones and your estate after you have gone?
McNamara Law knows that an expertly written will and a well-planned estate brings true peace of mind for your future. It is one of the most important things you can do for your family’s security.
At McNamara Law, we have a team of dedicated practitioners who practice exclusively in the area of Wills and Estates law.
A power of attorney is a legal document which gives another person the authority to make personal and financial decisions on your behalf.
Personal decisions include:
Financial decisions mean the management of your finances including:
Contact McNamara Law today to book an appointment for the preparation of your Enduring Power of Attorney.
A testamentary trust is established under a will but it does not come into effect until after the death of the will maker. Incorporating a trust within your will can provide significant flexibility, along with asset protection and tax minimisation for your intended beneficiaries.
A testamentary trust differs from that of a normal will because under the testamentary trust the trustee has the discretion to distribute capital and income between a group of beneficiaries named in your will. Including a wide number of potential beneficiaries will give greater flexibility to the trustee when distributing estate assets.
The benefits of a Testamentary Trust can include:
It is important to consider the ongoing administrative costs involved in maintaining a testamentary trust, such as accountancy fees, as well as whether the income generated by your estate would be sufficient to warrant a testamentary trust. Our team of wills and estates lawyers can provide advice as to whether a testamentary trust is for you and help you consider whether the costs associated with the preparation and administration of a testamentary trust are economical in your circumstances.
Contact McNamara Law today to book an appointment to discuss your circumstances and the preparation of a testamentary trust
An advanced health directive is a legal document in which you specify what should happen if your health deteriorates or you become incapacitated and you are no longer able to make decisions for yourself. In an advanced health directive, you are able to leave instructions regarding more complex medical treatment.
If you specify your medical preferences in an advanced health directive then you are taking the power away from your appointed attorney to have the discretion on that particular decision.
Contact McNamara Law today to book an appointment for the preparation of your Advanced Health Directive
Guardianship involves appointing a person or persons to take responsibility for the care and decision-making of minors or individuals unable to make decisions for themselves due to incapacity. Understanding the legal framework and implications of guardianship can ensure the welfare of those who need protection.
In Queensland, the appointment of a guardian for minors is typically addressed within a will. Parents or legal guardians can nominate a preferred guardian to care for their children in the event of their death. This nomination is not legally binding, but it carries significant weight in court proceedings. The court’s primary concern is the best interests of the child, considering factors such as the child’s relationship with the nominated guardian, the guardian’s ability to provide a stable and supportive environment, and the child’s own wishes, depending on their age and maturity.
For adults with impaired capacity, the Queensland Civil and Administrative Tribunal (QCAT) plays a vital role. QCAT can appoint a guardian to make personal and health care decisions or an administrator to handle financial matters. Guardianship and administration orders are made only when necessary, and the appointed person must act in the best interest of the adult, considering their wishes, values, and previously expressed preferences.
In today’s digital age, managing digital assets is a crucial aspect of estate planning. Digital assets include online accounts, social media profiles, emails, photos, documents, cryptocurrencies, and any other digital property or electronic records. In Queensland, ensuring that your loved ones have access to your digital assets after your death requires careful planning and adherence to legal protocols.
Firstly, it is essential to create an inventory of your digital assets. This inventory should include a list of all your online accounts, digital files, and assets, along with usernames, passwords, and security questions. This information should be stored securely, such as in a password manager or a physical document in a secure location, and the executor of your will should be made aware of its existence.
Next, it is important to include specific instructions regarding your digital assets in your will. This can involve appointing a digital executor—someone who is responsible for managing and distributing your digital assets according to your wishes. Clearly outline what should happen to each asset, whether it should be transferred, deleted, or archived. For example, you might want your social media accounts memorialised or deleted, your emails and documents passed on to certain individuals, and your cryptocurrencies transferred to specific beneficiaries.
In Queensland, there are no specific laws governing digital assets in wills, but general estate planning and succession laws apply. This means that digital assets are treated like any other personal property in your will. It is crucial to ensure that your will is legally valid and articulates your wishes regarding your digital assets.
Making provisions for donations in your will is a thoughtful way to leave a lasting legacy. This allows individuals to support charitable organisations, causes, or community projects that they value, ensuring that their contributions make a positive impact even after they have passed away.
Under Queensland law, a will is a legally binding document that outlines how a person’s assets should be distributed after their death. Including donations in a will can be a straightforward process, but it requires careful planning to ensure that the wishes of the testator (the person making the will) are carried out effectively.
To make a donation through a will, the testator needs to clearly specify the beneficiary, which could be a charity, non-profit organisation, or specific cause. It is essential to include the full legal name of the organisation and its address. This precision helps to avoid any ambiguity and ensures that the donation reaches the intended recipient.
Donations can be made in various forms, such as a specific sum of money, a percentage of the estate, or particular assets like property or shares. Additionally, testators can set up a charitable trust through their will, which allows for ongoing support to a cause over a period of time.
Lawyers specialising in wills and estates can provide valuable guidance on how to structure donations and ensure that they are implemented as desired.
