How to make a will in Queensland
In Queensland, a will is valid under the Succession Act 1981 (Qld) if the testator is 18 or over, has testamentary capacity, signs or directs someone to sign, and two independent adult witnesses attest at the same time. Part 4 of the Succession Act 1981 (Qld) governs family-provision applications, so careful drafting is required if a spouse, child, or dependant is excluded or inadequately provided for.
The framework
Wills in Queensland are governed by the Succession Act 1981 (Qld). Part 2 covers making, altering, and revoking wills. Part 4 governs family provision. The Supreme Court of Queensland Probate Registry administers grants and hears contested matters.
The process
Confirm testamentary capacity
You must be 18 or over (exceptions for minors under court order) and understand the nature of making a will, the extent of your estate, and the moral claims of those who might benefit.
Inventory assets and liabilities
List real property, bank accounts, superannuation, shares, business interests, and debts. Note that jointly held property and superannuation typically pass outside the will.
Choose executor(s)
Appoint one or more executors. Consider a substitute executor. For complex estates, professional executors or a partnership can be appropriate.
Decide beneficiaries and specific gifts
Decide specific gifts, residue, and substitution clauses. Consider contingent gifts if a beneficiary predeceases you.
Consider family-provision risk (Part 4)
Under Part 4 of the Succession Act 1981 (Qld), eligible persons — spouse, child, or dependant — can apply for further provision from the estate. Document reasons for any exclusion.
Consider guardianship and testamentary trusts
If you have minor children, nominate a guardian. Consider testamentary discretionary trusts for asset protection, tax, or vulnerable beneficiaries.
Draft the will
Draft with a solicitor or a reliable template. Include revocation of prior wills, appointment of executors, gifts, residue, testamentary trusts if used, and executor powers.
Sign in front of two witnesses
Sign the will (or direct someone to sign for you in your presence) in front of two independent adult witnesses present at the same time. Each witness signs in the testator's presence. Beneficiaries should not witness.
Coordinate superannuation
Superannuation does not pass automatically under the will. Complete a binding death benefit nomination with each fund so proceeds go to the estate or a chosen beneficiary.
Store and review
Store the original in a safe place (solicitor's safe custody, Public Trustee, or bank). Review after marriage, divorce, birth of children, or significant change in assets. Marriage generally revokes prior wills unless made in contemplation of that marriage.
Forms and templates
- No prescribed will form — use a solicitor-drafted or reliable will
- Binding Death Benefit Nomination (each superannuation fund)
Common mistakes
- Beneficiary witnessing the will (risk of gift failure)
- Not having both witnesses present at the same time
- Assuming superannuation or jointly held property passes under the will
- Ignoring Part 4 family-provision risk when excluding a spouse, child, or dependant
- Not updating the will after marriage, divorce, or birth of children
Get this process right with Quillio
Quillio drafts Queensland wills — simple, complex, and testamentary-trust — with executor powers, Part 4 family-provision drafting notes, and superannuation coordination under the Succession Act 1981 (Qld). See /practice-areas/wills-estates-lawyers or start a free trial at /free-trial.
General information only — not legal advice. An invalid or poorly drafted will can result in partial intestacy, Part 4 claims, or family disputes. Obtain legal advice for blended families, rural property, business interests, or cross-border estates.
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