What makes a will valid in Queensland
Under section 10 of the Succession Act 1981 (Qld), a will must be in writing and signed by the will-maker, with that signature made or acknowledged in the presence of two or more witnesses present at the same time. Those witnesses then sign in the will-maker's presence. You generally must be 18 or over.
The court has a limited power under section 18 to admit a document that does not meet these requirements, if satisfied the person intended it to operate as their will. That has rescued texts, unsigned drafts and even a note on a phone — but it takes a Supreme Court application your family has to fund and argue, and success is never assured.
Never use a beneficiary as a witness
It does not invalidate the will, but it can void that person's gift unless the will was also witnessed by two other people with no interest in it, or a court later saves the gift. Use two neutral adults with no interest in the estate — when we prepare your will, we witness it for you.
Choosing an executor
The executor does the work, and it is more work than most people appreciate. They locate assets, apply for probate, pay debts and tax in the correct order, deal with any claim against the estate, and distribute what remains. They are personally accountable for getting it right.
- Someone organised and reachable
- Likely to outlive you, or with a substitute named
- Able to deal even-handedly with your beneficiaries
- Willing — ask them before appointing them
- Not in conflict with the estate's interests
- Ideally living in Queensland, or at least in Australia
Appointing two executors who do not get on is a common and expensive mistake: they must generally act jointly, so a disagreement stalls the whole estate. Appointing a beneficiary is usually fine and often sensible. Appointing someone who will find the responsibility distressing is not a kindness.
What a will deals with
- Appointment of executors and substitutes
- Specific gifts of items or amounts
- Gifts to charities
- Who receives the residue of the estate
- What happens if a beneficiary dies first
- Testamentary trusts, where appropriate
- The age at which young beneficiaries take control
- Funeral and burial wishes
Substitute gifts matter more than people expect. If your will leaves everything to your spouse and does not say what happens if they die before you, the estate may pass under the intestacy rules instead of to the people you would have chosen. A well-drafted will always anticipates the order of deaths.
What your will does not control
A will disposes of your estate. Several significant assets are not part of your estate.
- Superannuation, unless directed to your estate
- Life insurance held inside super
- Property held as joint tenants
- Family trust assets
- Company-owned assets
- Some jointly held accounts
Superannuation is the one that catches most people. See our superannuation and death benefits page for how binding nominations work — and why most of them expire after three years.
If you have young children
Your will is where you record who you would want to raise your children, and how their inheritance is managed. A guardianship wish in a will is not binding on a court, but it is strong evidence of your intentions and courts give it real weight.
The more consequential decision is financial. Without direction, a child receives their inheritance outright at 18 — an age at which few people manage a substantial sum well. A will can hold the inheritance until a later age, or in a testamentary trust with tax advantages for minors. Most parents, once they understand the options, choose something other than "everything at 18".
DIY will kits
A will kit is not automatically invalid, and for genuinely simple circumstances it can work. The problem is that people use them for circumstances that are not simple, and the failure is discovered only when it cannot be fixed.
The recurring failures are the same: incorrect witnessing that voids a gift, wording so ambiguous the executor needs a court's direction, no substitute beneficiary, superannuation assumed to be covered, a blended family handled as though it were a first marriage, and the original never found. Each of those costs the estate far more to resolve than a professionally drafted will would have cost to make.
Storage and updating
If your original will cannot be found after your death, the law may presume you destroyed it intending to revoke it. A photocopy is not a substitute; admitting a copy requires a court application.
We store original wills in safe custody at no charge, and give you a copy plus a note for your executor of where the original is held. Tell your executor. A perfectly drafted will nobody can locate achieves nothing.
Review your will after marriage, separation, divorce, a birth, a death, a significant change in assets, or roughly every three to five years. Marriage generally revokes an existing will, and divorce (or the end of a de facto relationship) revokes gifts to a former partner — but for married couples separation without divorce revokes nothing, which means a separated person may still have an estranged spouse inheriting everything.
What it costs
Fixed fee, quoted before we start. Most wills are prepared in one appointment, with a second short appointment to sign.
- Fixed fee for a standard will
- Package pricing for couples
- Bundled with EPA and health directive
- Testamentary trusts quoted separately
- Free safe custody of the original
- No charge to tell you what you need
Frequently asked questions
Two or more, and they must be present at the same time when you sign or acknowledge your signature. They then sign in your presence. Do not use a beneficiary as a witness, because it can void their gift.
It can be, if it meets the requirements of section 10 of the Succession Act 1981 (Qld). The court also has a limited power under section 18 to admit a document that does not meet those requirements if satisfied the person intended it to be their will, but that requires a Supreme Court application funded by the estate and success is never assured.
Someone organised, reachable, likely to outlive you, able to deal even-handedly with your beneficiaries, and willing — ask them first. A beneficiary can be an executor and often should be. Avoid appointing two people who do not get on, because joint executors must generally act together and a disagreement stalls the estate.
Without direction in your will, a child receives their inheritance outright at 18. A will can hold it until a later age, or in a testamentary trust, where income distributed to a minor is generally taxed at adult marginal rates as excepted trust income under section 102AG of the Income Tax Assessment Act 1936. Most parents choose something other than 18 once they understand the options.
Usually not. Superannuation does not automatically form part of your estate, and the fund trustee decides who receives your death benefit unless a valid binding nomination directs otherwise, or you have directed the benefit to your legal personal representative.
Somewhere secure that your executor knows about. If the original cannot be found after your death, the law may presume you destroyed it intending to revoke it, and admitting a copy requires a court application. We store original wills in safe custody at no charge and give you a copy plus a note for your executor.
In Queensland, marriage generally revokes an existing will, and divorce generally revokes gifts to a former spouse and their appointment as executor. The end of a de facto relationship also generally revokes gifts to the former partner. For married couples, separation without divorce revokes nothing, so a person who has separated but not divorced
More information
Having an up-to-date valid Will can ensure your wishes are documented.
Rockhampton wills & estates lawyers
Here are some things to think about before you see us to make your Will:
- Who would be the best person/s to be the Executor, i.e. to take responsibility to protect your assets, sell assets and ensure all your liabilities are paid before transferring or distributing the remainder of your estate to your Beneficiaries?
- Who now relies upon you or is interdependent upon you for financial support?
- Do you have debts and, if so, how will that debt be paid on your death?
- Whether there are potential claims from former spouses or others?
- Whether it is in your beneficiaries’ interests to receive their share of your estate upon your death or whether there should be a protective or testamentary trust
A trust, administered by a trustee (who can be your Executor but can also be one or more other persons) has control over the investment of your estate (or parts of it) and oversees the distribution of income or capital to your beneficiaries.
- Apply income or capital from your estate to your minor beneficiaries or those with a disability
- Protect beneficiaries who are at risk of squandering their inheritance
- Enable income to be distributed to your beneficiaries in a tax effective way
We can also assist you with:
- Superannuation
- Testamentary Trusts
- Discretionary and Unit Trusts
- Business and Estate Planning
- Guardianship Matters
- Advance Health Directives
- Deceased Estate Administration (including where there is no Will called Intestacy)
- Applications for Probate or Grants of Administration
- Other Court Applications
- Advising Executors on their Duties
- Advising Beneficiaries on their Rights
- Estate Litigation and Disputes ( including Family Provision Applications)
- Mediation
Extensive Experience
Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.
This page is general information about the law as it applies in Queensland, current as at 2026. It is not legal advice and does not take your circumstances into account. Figures set by regulation are indexed and change. Speak to one of our lawyers before acting.