Many people put off making a will, believing it is something they can leave until later in life. Others assume that because they are married, have children, or do not own substantial assets, they do not need one. Unfortunately, these misconceptions often result in families facing unnecessary stress, delays and expense after the death of a loved one.
A valid Will is one of the most important legal documents you will ever sign. It allows you to determine who will receive your assets, who will administer your estate, and, if applicable, who you would like to care for your minor children. If you have ever asked yourself why make a will, the answer is simple: without one, your estate will generally be distributed according to Queensland law rather than your personal wishes.
At GM Law, we regularly advise individuals and families throughout Queensland on preparing Wills that reflect their personal circumstances and provide certainty for those they leave behind. Whether your affairs are straightforward or involve businesses, trusts, blended families or significant assets, a professionally prepared Will can provide peace of mind and reduce the risk of future disputes.
What Is a Will?
Creating a Will in Queensland gives you a legal document that records how you want your estate to be dealt with after your death.
Your estate generally includes assets such as:
- your home and any investment properties;
- bank accounts;
- shares and investments;
- motor vehicles;
- personal belongings;
- business interests;
- money owed to you; and
- other assets that form part of your estate.
Your Will also enables you to appoint one or more executors who will be responsible for administering your estate in accordance with your wishes.
Importantly, a Will only takes effect after your death. It does not authorise someone to manage your financial or personal affairs during your lifetime if you lose legal capacity. Those matters are generally addressed through other estate planning documents, such as an Enduring Power of Attorney.
How Much Does It Cost to Make a Will in Queensland?
One of the first questions people ask is what a Will will cost. There is no fixed price, because the fee depends on the complexity of your circumstances rather than a set rate. As a general guide, a simple single Will prepared by a solicitor in Queensland commonly ranges from around $1000 to $4000, and mirror Wills for a couple from roughly $1800 to $5800. We also list similar prices for Wills on our website.
More complex estate plans — for example, those involving testamentary trusts, business structures or blended-family provisions — often start from around $2,500 and can be higher depending on the work involved.
A do-it-yourself Will kit may cost as little as $20 to $80, but the low upfront price can be misleading. A poorly drafted Will can cost your family far more to untangle later. When compared with the overall value of your estate, a professionally prepared Will is a relatively modest and worthwhile investment — often costing less than a year’s insurance on your car, or a year’s council rates on your home — for the certainty and protection it provides. In Queensland, a solicitor must give you written costs disclosure before starting work, so you should always ask for a clear quote up front and confirm what it covers.
How Much Does It Cost to Re-Make a Will?
The overall cost still depends on how much has changed in your circumstances — a straightforward update after, say, a house move or the birth of a grandchild will generally cost less than a significant restructure following a business sale, a new relationship or a move toward a testamentary trust. As with a new Will, you should ask for a quote before the work begins.
What Expenses May Arise If a Will Is Not Drawn Up Correctly?
The apparent saving from a cheap or home-made Will can be lost many times over if the document is defective. Where a Will is unclear, incorrectly signed or witnessed, or fails to deal with all of the estate, the costs that can follow include:
- court applications to fix or interpret the Will — for example, an application to admit an informal or improperly executed document, or to have the court clarify ambiguous wording;
- the cost and delay of a partial intestacy, where assets the Will failed to deal with are distributed under the statutory rules instead of your wishes;
- increased exposure to family provision claims and disputes between beneficiaries, which can be expensive to resolve and erode the value of the estate;
- a lost gift to a beneficiary who improperly witnessed the Will; and
- additional legal and administration fees, all of which are generally paid out of the estate and reduce what your beneficiaries ultimately receive.
In many cases these downstream costs far exceed the price of having the Will prepared properly in the first place.
Assets That May Pass Outside Your Will
It is a common misconception that a Will controls everything you own. In reality, certain assets can pass outside your Will and are not governed by its terms, including:
- superannuation, which is generally paid at the discretion of the fund trustee unless you have a valid binding death benefit nomination directing where it goes (including nominations for a self-managed superannuation fund);
- life insurance held outside superannuation, which is usually paid to the nominated beneficiary; and
- property owned as joint tenants, which passes automatically to the surviving owner by survivorship rather than under your Will.
Because these assets can fall outside your estate, it is important that your Will and your superannuation, insurance and ownership arrangements are considered together as part of a coordinated estate plan.
Why Having a Valid Will Matters
Some people still ask why do I need a will at all — yet while almost everyone understands the concept of a Will, many underestimate its importance.
Preparing a valid Will gives you control over what happens after your death. Without one, important decisions are made according to legislation rather than your personal wishes.
A properly drafted Will allows you to:
- choose who receives your estate;
- appoint trusted executors;
- nominate guardians for minor children;
- make specific gifts to family members, friends or charities;
- determine how the balance of your estate will be distributed;
- reduce uncertainty for your family; and
- simplify the administration of your estate.
Rather than leaving these important decisions to default legal rules, a Will enables you to make those decisions yourself.
A well-drafted Will is also a valuable tax and financial planning tool. The way an estate is structured can affect the tax outcomes for your beneficiaries and the efficiency with which your assets are passed on. This is particularly relevant for larger estates, or those involving businesses, investments or vulnerable beneficiaries, where thoughtful structuring can make a meaningful difference.
What Happens If You Die Without a Valid Will?
If a person dies without a valid Will, they are said to have died intestate.
When this occurs, Queensland succession legislation determines who receives the estate.
Many people assume that if they are married, everything automatically passes to their spouse, or their children. This is not always the case.
Depending on your circumstances, your estate may be divided between your surviving spouse and your children in proportions determined by legislation. This outcome may differ significantly from what you would have wanted.
How an Intestate Estate Is Divided in Queensland
Where a person dies intestate leaving a spouse but no children, the spouse generally receives the whole estate. Where there is a spouse and children, the estate is divided according to a statutory formula rather than passing entirely to the spouse. In broad terms, the surviving spouse is entitled to:a share of the remainder (the residue) of the estate — one-half where there is one child, or one-third where there are two or more children — with the children receiving the balance between them.
Choosing Your Executor
One of the most important decisions when preparing a Will is selecting your executor.
Your executor is responsible for administering your estate after your death. Their duties commonly include:
- arranging your funeral (subject to any wishes expressed by your family);
- locating your assets;
- protecting estate property;
- obtaining Probate if required;
- collecting money owed to the estate;
- paying debts and liabilities;
- preparing estate accounts;
- distributing the estate to beneficiaries.
The role carries significant legal responsibilities and may continue for many months.
When selecting an executor, you should choose someone who is:
- trustworthy;
- organised;
- capable of making objective decisions;
- likely to outlive you; and
- willing to undertake the role.
Many people appoint a spouse, adult child, sibling or close friend. Others choose to appoint two executors to act jointly, while some appoint a professional executor where family circumstances are particularly complex.
Protecting Your Children
If you have children under the age of 18, preparing a Will is particularly important.
Your Will allows you to nominate the person or persons you would wish to care for your children if both parents pass away before they become adults.
Although the Court retains the ultimate responsibility for determining guardianship, your nomination provides important guidance and will usually be given considerable weight.
A Will can also determine how and when children receive their inheritance.
Rather than receiving substantial assets immediately upon reaching adulthood, many parents prefer their children to receive their inheritance at a later age or in stages. Others may wish funds to be used for education, health or other important expenses until the children reach sufficient maturity. Careful estate planning allows these matters to be considered in advance.
Providing for Loved Ones
Every family is different.
Some people wish to leave equal shares to their children.
Others may wish to provide additional assistance to a child with a disability, recognise financial assistance already provided during their lifetime, or make specific gifts of sentimental items.
A Will enables you to reflect your personal circumstances and values.
It also allows you to make gifts to charities, community organisations or other causes that are important to you.
Without a valid Will, these personal wishes may never be carried out.
Protecting Your Estate with a Testamentary Trust
For some families, a straightforward Will is not the most effective way to protect and pass on wealth. A testamentary trust is a trust created by your Will that only comes into effect after your death, holding some or all of your estate for the benefit of your chosen beneficiaries rather than distributing it to them outright.
Testamentary trusts can offer significant advantages, including:
- asset protection — helping to shield an inheritance from risks such as business failure, bankruptcy, or a beneficiary’s relationship breakdown or divorce;
- protection for vulnerable beneficiaries — allowing funds to be managed on behalf of a beneficiary who is young, has a disability, or is not well placed to manage a large sum directly;
- flexibility — where the trust is discretionary, the trustee can decide how income and capital are distributed among beneficiaries over time, adapting to their changing circumstances; and
- tax effectiveness — income distributed to a beneficiary’s minor children through a testamentary trust is generally taxed at ordinary adult marginal rates, rather than the penalty rates that usually apply to minors.
Our estate planning and administration team can advise whether a testamentary trust is appropriate for your circumstances.
Common Mistakes That Can Affect the Validity of a Will
Knowing how to make a Will in Queensland correctly matters, because simply writing down your wishes does not necessarily create a legally valid Will. Queensland law imposes specific legal requirements that generally must be satisfied before a Will is recognised.
Some of the more common issues include:
Not Meeting the Basic Requirements to Make a Will
Before questions of signing and witnessing even arise, the person making the Will must be legally capable of doing so. In Queensland, you generally must be at least 18 years of age and have testamentary capacity — that is, be of sound mind and able to understand the nature and effect of making a Will. A Will made by someone who lacked capacity can later be challenged.
Failing to Properly Sign the Will
A Will must generally be signed by the person making the Will (the testator) in the presence of two witnesses, who must also sign the document in the required manner. If these formalities are not complied with, the validity of the Will may be questioned.
A further trap catches many home-made Wills: your two witnesses should be independent and should not be beneficiaries under the Will (nor the spouse of a beneficiary). In Queensland, if a beneficiary witnesses the Will, the Will can remain valid but the gift to that witness may be void — meaning they lose their inheritance. Choosing independent witnesses avoids this outcome.
Disadvantages of Using Homemade or Online Will Kits
While Will kits and online templates may appear to be a cost-effective solution, they are often prepared without considering an individual’s particular circumstances.
Common problems include:
- unclear or ambiguous wording;
- failure to dispose of all assets;
- inappropriate appointment of executors;
- ineffective provisions dealing with substitute beneficiaries;
- no consideration of taxation issues;
- no provision for blended families or vulnerable beneficiaries; and
- inconsistent or contradictory clauses.
A professionally prepared Will is far more likely to accurately reflect your wishes and minimise the risk of disputes.
Failing to Update Your Will
A Will should not be regarded as a document that is prepared once and forgotten.
Life changes, and your estate planning should change with it.
When Should You Review Your Will?
Part of what to consider when making a Will is keeping it current: as a general guide, you should review your Will whenever there is a significant change in your personal or financial circumstances.
Examples include:
- getting married;
- commencing or ending a de facto relationship;
- separation or divorce;
- the birth or adoption of children or grandchildren;
- the death of an executor or beneficiary;
- purchasing or selling substantial assets;
- starting, purchasing or selling a business;
- receiving a significant inheritance; or
- changes to taxation or succession laws.
Even if none of these events occur, it is sensible to review your Will every three to five years to ensure it continues to reflect your wishes and remains appropriate for your circumstances.
Blended Families Require Careful Estate Planning
Modern families are often more complex than in previous generations.
Second marriages, de facto relationships, children from previous relationships and stepchildren can create competing expectations regarding an estate.
Without careful planning, the statutory rules applying where there is no valid Will may produce outcomes that are inconsistent with your wishes.
Even where a valid Will exists, poorly drafted provisions can lead to uncertainty or disputes between family members.
Every blended family is different. A professionally prepared Will enables your personal circumstances to be carefully considered and appropriate strategies to be implemented to balance the interests of those you wish to benefit.
Business Owners Should Have a Current Will
If you own a business, your Will forms an important part of your business succession planning.
Your estate may include:
- company shares;
- partnership interests;
- trust interests;
- commercial property;
- intellectual property; or
- valuable business assets.
Without appropriate planning, your death may create uncertainty regarding ownership, management and continuity of the business.
A carefully prepared Will can complement shareholder agreements, partnership agreements and trust arrangements to help ensure an orderly transition.
Can a Will Be Challenged?
Many people assume that a Will is final and cannot be challenged.
While a valid Will generally reflects the wishes of the deceased, Queensland law allows certain eligible persons to apply to the Court for further provision from an estate in particular circumstances.
Examples of potential claims include those made by:
- spouses;
- de facto partners;
- children;
- stepchildren in some circumstances; and
- certain dependants.
The Court considers a range of factors when determining these applications, including the applicant’s financial circumstances, the size of the estate and the nature of the relationship with the deceased.
Preparing a professionally drafted Will cannot guarantee that a claim will never be made. However, obtaining legal advice during the estate planning process can often reduce the likelihood of disputes and ensure your intentions are clearly documented.
What Are the Legal Specifics of Making a Will in Queensland Compared to Other States in Australia?
The general concept of a Will is the same across Australia, and the core formalities are broadly similar in every state — but succession law is state-based, so the detail differs. The main Queensland-specific points to be aware of are set out below.
Governing Legislation
Wills in Queensland are governed by the Succession Act 1981 (Qld). Each state and territory has its own succession legislation, so the precise rules — and the way courts apply them — can vary from one jurisdiction to another.
Signing and Witnessing
In Queensland, a Will must be in writing and signed by the testator in the simultaneous presence of two adult witnesses, who must also sign. This basic requirement is common to all Australian states. Where jurisdictions differ is in the finer points — for example, the treatment of a beneficiary who acts as a witness. In Queensland and New South Wales, a gift to a beneficiary who witnesses the Will is generally void, whereas Victoria takes a different approach. Rules on electronic and remote (for example, video) witnessing also vary between states and continue to evolve, so a method accepted in one state should not be assumed to apply in another.
Who Can Contest, and the Time Limits
Family provision laws — which allow certain people to seek greater provision from an estate — differ noticeably between states, both in who is eligible and in the time limits that apply. Queensland is comparatively strict on eligibility: broadly, only a spouse (including a de facto or civil partner), a child (including a stepchild or adopted child in defined circumstances) or a dependant may claim. The Queensland time limits are also distinct: written notice of an intended claim must be given to the executor within 6 months of the date of death, and a court application must be filed within 9 months of the date of death. Other states set their own, different deadlines, so the position depends heavily on where the estate is administered.
Cross-Border Estates
If you own assets in more than one state, or you move interstate, these differences matter. An older Will made in another state should be reviewed to ensure it still works as intended under Queensland law, and estates with assets in several jurisdictions can involve additional steps. Obtaining advice specific to Queensland — and to any other relevant state — helps avoid unexpected outcomes.
Frequently Asked Questions
Do I need a lawyer to prepare my Will?
When making a Will in Queensland, you are not legally required to use a solicitor — but obtaining professional legal advice significantly reduces the risk of errors, ambiguity and unintended consequences. A solicitor can also advise on broader estate planning issues that may not be addressed by a standard Will template.
Is my Will still valid if I get married?
Marriage can affect an existing Will. The legal consequences depend on the circumstances and the terms of the Will. If you are planning to marry or have recently married, you should obtain legal advice and review your estate planning documents.
What happens if my executor cannot act?
Most professionally prepared Wills appoint substitute executors in the event the original executor dies, loses capacity or is unwilling to act. This can avoid unnecessary complications during the administration of the estate.
Should I tell my family where my Will is kept?
Yes. Your executor should know that a Will exists and where the original document is stored. Keeping a Will in a secure location is important, but it should also be capable of being located when required.
Can I change my Will?
Yes. Provided you have the necessary legal capacity, you can revoke or update your Will at any time. Significant life events should prompt a review of your estate planning documents.
Why Professional Estate Planning Makes a Difference
Preparing a Will is about far more than completing a legal document.
Much of what to think about when writing a Will comes down to effective estate planning: understanding your family circumstances, identifying potential risks and ensuring your wishes can be carried out with as little uncertainty as possible.
Professional legal advice can help ensure that:
- your Will complies with Queensland law;
- your assets are dealt with appropriately;
- your executor has clear guidance;
- vulnerable beneficiaries are protected;
- unnecessary disputes are minimised; and
- your broader estate planning objectives are achieved.
Investing time in preparing a properly drafted Will today can save your family considerable stress, expense and uncertainty in the future.
How GM Law Can Help
At GM Law, we understand that every client has different family, financial and personal circumstances. We take the time to understand your objectives and prepare estate planning documents that are tailored to your individual needs.
Our solicitors can assist with:
- preparing new Wills;
- Enduring Powers of Attorney;
- testamentary trust Wills;
- estate planning for blended families; and
- comprehensive estate planning advice.
You can find out more about our estate planning and administration services. Whether your estate is straightforward or involves more complex family or financial arrangements, we are committed to providing practical, clear and personalised advice.
Conclusion
Preparing a valid Will is one of the most important steps you can take to protect your family and ensure your wishes are respected.
Without a valid Will, Queensland law — not you — will largely determine how your estate is administered and distributed. This may lead to outcomes you never intended, increased costs and delays, and additional stress for your loved ones during an already difficult time.
A professionally prepared Will provides certainty, helps reduce the risk of disputes and ensures that the people you care about are looked after in accordance with your wishes.
If you have not yet prepared a Will, or if your circumstances have changed since your Will was last reviewed, now is an ideal time to seek legal advice. The experienced team at GM Law is here to help you prepare an estate plan that provides confidence and peace of mind for both you and your family.
This article provides general information about estate planning in Queensland. It does not constitute legal, taxation or financial advice and should not be relied upon as a substitute for advice regarding your particular circumstances. Laws and administrative requirements are subject to change over time.
