Estate Consumer Protection at Risk
A Supreme Court of Queensland decision highlights the consequences for estates where legal services, such as will preparation, are provided by non-legal professionals without legal advice.
The Society of Trust and Estate Practitioners (STEP) Australia welcomes the guidance provided by the Supreme Court of Queensland in Di Trapani & another v Di Trapani & others [2026] QSC 20, while expressing concern about the real‑world consequences for deceased estates and their dependants when wills are prepared without proper legal advice and therefore also likely without professional indemnity insurance.
The proceedings arose from the interpretation of a will prepared by an accountant rather than a legal practitioner.
In considering the circumstances, the Court observed that the accountant stated he had been “entrusted” with the wills, in part because the deceased believed “legal disputes would be expensive and take time to resolve”.
Ironically, the opposite occurred. There were 10 parties to the case and more than 10 legal practitioners involved.
The deceased died in 2023, the judgment arose in March 2026.
As noted in the judgment, the will contained provisions that were unclear and gave rise to significant dispute, particularly in the context of complex company and trust arrangements.
STEP Australia notes that the deceased parents and their dependants did not benefit by avoiding legal services in their estate planning.
The Court stated “nor is there any evidence that [the deceased] had the benefit of legal advice prior to executing her will”.
The Court was not persuaded that the accountant’s role was limited to merely retyping earlier wills, particularly given invoicing that referred to “assistance for new wills, discuss same and make recommendations and draft same”.
Absence of effective professional indemnity protection
STEP Australia is concerned by the professional risk implications highlighted by the case.
While the Court was not required to determine insurance issues, the circumstances raise a significant and well‑recognised risk: where legal services are provided by non‑lawyers, professional indemnity insurance is most likely to not respond to any resulting claim.
Accountant professional indemnity policies commonly exclude liability arising from the provision of legal services.
In situations such as those considered in Di Trapani, this means that neither the estate nor dependants may have had access to a meaningful avenue of recovery, even where loss is suffered due to defective drafting or advice.
“From the perspective of families and beneficiaries, the lack of effective professional indemnity cover can compound the damage caused by the lack of proper advice and leave beneficiaries without effective recourse,” STEP Australia Chair Jim O’Donnell said. “The risk ultimately falls on the estate and its dependants.”
“And the risk to our accountant professional colleagues is equally significant. The accountant suggested that he “retyped” the document from an earlier draft will – essentially to update it – and charged no fee! A cost-conscience client who seeks professional help from their accountant on matters outside of their skill set puts the accountant at significant liability of risk, without any insurance safety net.” says the STEP Australia Chair.
A reminder of the importance of regulated estate planning
The desire of the deceased to avoid expensive disputes by engaging a non‑lawyer to draft their wills led to the involvement of many more lawyers, and no doubt a great deal of expense.
STEP Australia emphasises that modern estate planning frequently involves complex interactions between succession law, trusts, companies and taxation. While collaboration between accountants and lawyers is essential, the preparation of wills and the provision of legal advice should occur within a regulated legal framework, supported by appropriate professional indemnity insurance.
“This decision is a clear reminder that estate planning is not simply a cost minimisation exercise,” the STEP Australia Chair said. “It is about protecting the intentions of the deceased and safeguarding the interests of their dependants if something goes wrong. STEP member lawyers and accountants often collaborate on joint client estate planning to achieve the best outcomes for clients”.
STEP Australia encourages the public to ensure that wills and estate planning documents are prepared or reviewed by appropriately qualified (and therefore insured) legal practitioners, working collaboratively with other advisers.
CONTACT INFORMATION:
For further information please contact either:
Jim O’Donnell TEP, Chair of STEP Australia
E: jodonnell@jacmac.com.au
Jennifer Sheean TEP, Chair of the STEP Australia Policy & Advocacy Committee
E: sheean@qldbar.asn.au
ABOUT STEP:
STEP is the global professional association for practitioners who specialise in family inheritance and succession planning. STEP works to improve public understanding of the issues families face in this area and promotes education and high professional standards among its members. STEP members help families plan for their futures, from drafting wills to issues surrounding international families, protection of the vulnerable, family businesses and philanthropic giving. Full STEP members, known as TEPs, are internationally recognised as experts in their field, with proven qualifications and experience.
Find out more at www.stepaustralia.com