Wills in Queensland

Wills & estates · Wills

Wills

Say who gets what, who is in charge, and who looks after your children.

A will does more than list who gets your assets. It appoints the people who will manage your estate, can protect what you leave from a beneficiary’s divorce or debts, and is your best defence against a family dispute. A will that is out of date or badly worded can be worse than no will at all.

SigningYou and two witnesses, all present together
ExecutorSomeone you trust, plus a back-up
ReviewAfter marriage, separation, divorce or new children
OriginalKept safely — copies are not enough
What a good will covers
Executors

Who will manage your estate. Choose people who are able and willing, and name a substitute in case your first choice cannot act.

Who gets what

Specific gifts, the residue of your estate, and what happens if a beneficiary dies before you or within 30 days of you.

Guardians for children

Who should care for children under 18, and how money for them is managed until they are older.

Testamentary trusts

A trust created by your will can offer tax benefits for children and protection if a beneficiary divorces, goes bankrupt or is vulnerable.

Superannuation

Super is not automatically part of your estate. A binding death benefit nomination usually decides where it goes — it must match your will.

Property and business

Jointly owned property passes to the surviving owner. Companies and family trusts are controlled by their own documents, not your will.

Blended families

Providing for a current partner and children from an earlier relationship needs careful structure, such as a life interest or right to live in the home.

Reasons and wishes

A separate statement of reasons can help if you leave someone out. Funeral and personal wishes can also be recorded.

Changes and formalities

Events that change your will

  • Marriage generally revokes a will, unless it was made in contemplation of that marriage
  • Divorce, or the end of a de facto relationship, generally cancels gifts to the former partner
  • Separation alone does not change your will
  • New children or grandchildren
  • Death of a beneficiary or executor
  • Selling or buying major assets

Signing it properly

  • Signed by you in front of two adult witnesses, present at the same time
  • A gift to a witness, or a witness’s spouse, can fail
  • No changes after signing without proper formalities
  • The original stored safely, with a record of where it is
  • Homemade or informal wills may still be recognised by the court — but only after costly applications
Where wills go wrong
  • Online or homemade wills that are not signed or witnessed correctly
  • Unclear wording about who gets what
  • No substitute executor or beneficiary
  • Out-of-date wills after separation or a new relationship
  • Super and joint property that bypass the will
  • Gifts to witnesses that fail
  • Family trust control not dealt with
  • No guardian appointed for young children
  • Assets left outright to a vulnerable beneficiary
  • Original will lost or damaged

How we help — our difference

We take your instructions personally, explain the options in plain English and draft a will that fits your family and your assets — not a template. Your matter is handled by an experienced solicitor who also advises on property, so your will and your property ownership work together.

  • Simple and complex wills
  • Testamentary trusts
  • Blended families and second marriages
  • Super nominations reviewed alongside your will
  • Wills with enduring powers of attorney and advance health directives
  • Original will storage arranged

Making or updating your will? Talk to us.

A short first phone call is free. Detailed advice on your situation is given at a paid consultation, by appointment.

General information only, current as at October 2026 — not legal advice for your situation. Laws, fees and duty rates change, so we confirm the current position before advising you.