Can You Write Your Own Will in Queensland? Avoid These 10 Costly Mistakes

Can you write your own will in Queensland? Yes, but doing it correctly is crucial. 

Many people assume a DIY will is straightforward, only to leave behind legal headaches, costly disputes, and family stress when mistakes are made. A poorly prepared will can mean your assets aren’t distributed as intended, and loved ones may end up in court.

Family lawyers bring expertise that can help you avoid these pitfalls, ensuring your will stand up legally. Here’s what you need to know about writing your own will in Queensland—and the 10 common mistakes to avoid.

Overview of DIY Wills in Queensland

DIY wills are becoming increasingly popular, especially with the rise of online templates and will kits. They offer a cost-effective way to outline how you’d like your estate divided after your death. 

But while it seems straightforward, drafting a legally sound will on your own can be tricky.

Statistics on Will Disputes and Invalid Wills

In Australia, disputes over wills are on the rise, with DIY wills often at the centre of these issues. 

According to the Supreme Court of Queensland, roughly 10% of estates end up in court due to challenges related to validity, disputes among beneficiaries, or unclear instructions. 

The Australian Financial Review reports that up to 40% of contested wills involve claims under family provision laws, where family members argue they haven’t received an “adequate provision” from the deceased estate (Australian Financial Review).

These statistics highlight the risks associated with self-written wills, underscoring the importance of meeting all legal requirements to prevent costly and emotional disputes.

Why People Consider Writing Their Own Will

Many people in Queensland are drawn to the idea of writing their own will, seeing it as a simple and cost-effective option. Here are the top 5 reasons why people consider DIY wills:

1. Cost Savings: Hiring a lawyer can be expensive, and some believe a DIY will kit or template will save them money.
2. Simplicity of Wishes: Those with straightforward wishes, like leaving everything to a spouse or children, may think a DIY will is sufficient.
3. Privacy Concerns: Discussing personal details with a lawyer can feel uncomfortable, leading some to handle their will privately.
4. Immediate Accessibility: Online tools and kits allow people to write a will quickly and on their own schedule without waiting for appointments.
5. Lack of Awareness of Legal Complexity: Many people underestimate the legal requirements for a valid will, assuming a basic document will suffice.

While DIY wills can seem convenient, it’s essential to understand the risks and potential errors involved.

Current Queensland Laws on Self-Written Wills

In Queensland, self-written wills, often called DIY wills, are legal and can be valid as long as they meet specific requirements under the Succession Act 1981 (Qld). This law governs how wills are made, changed, and enforced in Queensland. 

Anyone over the age of 18 with testamentary capacity—that is, the mental ability to understand the nature and effects of a will—can draft their own will. 

However, self-written wills are particularly vulnerable to legal challenges if they contain errors or don’t meet formal requirements, which can lead to parts or all of the will being invalidated.

Basic Legal Requirements for Validity of a Will

For a self-written will to be legally valid in Queensland, certain formalities must be followed. Here are the core requirements:

1. In Writing: The will must be written down, either handwritten or typed.
2. Signed by the Will-Maker: The person making the will (testator) must sign it at the end of the document.
3. Two Adult Witnesses: The will must be signed in the presence of two adult witnesses who are present at the same time and can verify that the will-maker signed voluntarily.
4. Witnesses Cannot Be Beneficiaries: Witnesses should not be beneficiaries in the will, as this could invalidate their inheritance.
5. Clear Testamentary Intentions: The document must clearly show that it’s intended to function as a will, outlining the testator’s wishes for asset distribution.

Meeting these requirements is crucial to avoid issues that could render the will invalid.

When a DIY Will Might Be Challenged in Queensland

DIY wills are more vulnerable to legal challenges, especially if they don’t strictly comply with Queensland’s formal requirements. Here are common grounds for challenging a DIY will:

• Lack of Testamentary Capacity: If there’s doubt about the will-maker’s mental capacity at the time of signing, the will can be contested. This means the person must fully understand the consequences of their decisions.
• Undue Influence: If someone pressured or manipulated the will-maker into creating the will, it may be challenged and potentially invalidated.
• Improper Witnessing: If the will wasn’t signed in the presence of two independent adult witnesses, or if one of the witnesses is a beneficiary, it might be ruled invalid.
• Ambiguities or Errors: DIY wills often contain unclear language or mistakes in asset distribution, leading to disputes among beneficiaries over the testator’s true intentions.
• Family Provision Claims: Under Queensland law, certain family members can file a claim if they believe they haven’t received an “adequate provision” from the estate, even if they’re not included in the will.

10 Critical Mistakes to Avoid When Writing Your Own Will

Creating a DIY will can be risky if certain mistakes are made, leading to disputes or even invalidation of your wishes. Here are 10 critical mistakes to avoid when writing your own will:

1. Incorrect Witnessing 

Your will must be signed in the presence of two adult witnesses who aren’t beneficiaries. If this step isn’t followed, your will could be ruled invalid, leaving your estate to be distributed as if you never had a will.

2. Lack of Testamentary Capacity 

To make a valid will, you need testamentary capacity, meaning you fully understand the nature and consequences of your decisions. If there’s any doubt about your mental capacity at the time of signing, the will can be challenged in court.

3. Unclear Asset Descriptions 

Using vague terms like “my property” or “my car” can create confusion, especially if you own multiple assets of the same type. Precise descriptions are necessary to ensure that specific assets go to the intended beneficiaries without disputes.

4. Forgetting Digital Assets 

Digital assets like online accounts, social media, and cryptocurrency are often overlooked in DIY wills. Without proper instructions, these assets may be lost or inaccessible to your heirs after your death.

5. Outdated Beneficiary Designations 

Life changes such as marriage, divorce, or the birth of children can affect who you want to inherit your estate. If you don’t update your will to reflect these changes, your assets could go to people you no longer intend to benefit.

6. Including Unenforceable Conditions 

Placing unusual conditions on inheritances, like requiring someone to marry a specific person, can make those clauses legally unenforceable. Courts may ignore such conditions, leaving assets distributed without any conditions attached.

7. Ignoring Superannuation Rules 

Superannuation generally doesn’t form part of your estate unless you make a binding nomination with your super fund. If you assume your will controls your super without this nomination, your super might go to someone other than your intended beneficiaries.

8. Appointing Ineligible Executors 

Executors manage your estate, so choosing someone unsuitable—such as someone with a conflict of interest or lacking the ability to fulfil the role—can cause delays and complications. It’s important to choose someone trustworthy and capable of handling the responsibility.

9. Failing to Account for Debts 

Overlooking debts in your will can complicate the administration of your estate, as debts generally must be paid before assets are distributed. If debts aren’t addressed, it may force the sale of assets you intend to pass down.

10. Improper Storage 

A will that’s lost or hidden in an obscure location may never be found, potentially causing your estate to be treated as if you died without a will. Storing your will securely and letting trusted individuals know where it is can help avoid this problem.

Working with an experienced family lawyer is the best way to ensure your will is legally sound and truly reflects your intentions. A lawyer can help you avoid these common pitfalls, providing the guidance needed to protect your legacy and prevent costly disputes for your loved ones.

Professional Will Writing vs DIY Wills

While DIY wills are appealing due to their simplicity and low cost, there are key differences between DIY wills and professionally written wills that impact their effectiveness and reliability. 

Here’s how they compare:

Professional Will Writing

• Cost: While hiring a lawyer costs more upfront—typically ranging from a few hundred to over a thousand dollars depending on the complexity of the estate—it can save money in the long run. A professionally written will is less likely to lead to costly disputes or court battles for your family.
• Legal Compliance: A lawyer will ensure that your will meets all formal legal requirements in Queensland, reducing the chances of errors. Professional wills are drafted to withstand challenges and meet strict legal standards, giving you peace of mind that your wishes will be respected.
• Clarity and Detail: Professionals use precise language to avoid ambiguity, especially with complex assets like property, superannuation, or business interests. A well-drafted will leaves little room for misinterpretation, reducing the risk of family disputes.
• Tailored Solutions for Complex Estates: If you have a complicated estate, blended family, or specific inheritance goals, a lawyer can provide tailored advice. They’ll help address any unique issues, such as family trusts or business assets, that DIY kits aren’t equipped to handle.
• Protection Against Legal Challenges: Professionally prepared wills are more robust against claims, such as those related to family provision or undue influence. A lawyer can help document your intentions and structure your will to minimise the risk of legal challenges.

DIY Wills

• Lower Upfront Cost: DIY wills are often very affordable, with templates or online kits costing less than $100. However, if mistakes are made, your estate could incur much higher costs down the line due to legal disputes or administrative errors.
• Higher Risk of Errors: DIY wills are more prone to errors, such as improper witnessing or unclear language, which can lead to partial or complete invalidation. Without professional guidance, there’s a greater risk of not meeting all legal requirements.
• Limited Customisation: DIY templates are often too generic to handle complex estates or specific family arrangements. This lack of customisation can lead to misunderstandings or unintended consequences for your beneficiaries.
• Vulnerability to Challenges: A DIY will may be easier to contest if there are any doubts about its validity or clarity. In cases of family provision claims or disputes among beneficiaries, a DIY will may not hold up well in court.
• Potential for Misinterpretation: Because DIY wills may lack precise legal language, there’s a risk that your intentions could be misinterpreted. This can lead to family conflicts or unequal distributions that don’t align with your wishes.

For most people, especially those with complex assets or unique family situations, professional will writing offers greater protection, clarity, and reliability than a DIY approach.

Talk to VM Family Law

Drafting a will is one of the most important steps you can take to protect your family and ensure your wishes are carried out. 

VM Family Law provides expert guidance in creating legally sound wills tailored to your unique circumstances. Our experienced team can help you avoid common mistakes, navigate complex estate issues, and structure your will to minimise the risk of disputes.  Whether you need a simple will or a more detailed estate plan, we’re here to help.

Contact VM Family Law today at 07 3447 8966 or visit VM Family Law to schedule a consultation and get the support you need for peace of mind.

FAQs

Can I handwrite my own will in Queensland?  

Yes, but it must meet all legal requirements, including proper witnessing.

Can a will be contested easily?  

Yes, especially if it doesn’t meet formal requirements or if there are allegations of undue influence.

What happens if I don’t list all my assets?  

Unlisted assets may not be distributed according to your wishes, potentially causing disputes.

Is superannuation automatically included in a will?  

No, superannuation is separate and requires a binding nomination to direct it to your beneficiaries.

How can I protect my will from being contested?  

Consider including a family provision statement and getting legal advice to minimise the risk of disputes.

What should I do with my will once it’s complete?  

Store it in a safe place and let your executor or close family members know where it is.

Conclusion

Creating a will is an essential step in ensuring your loved ones are provided for, and your wishes are respected. While writing your own will might seem simple, there are many legal requirements and potential pitfalls that could leave your estate open to disputes or invalidation. 

Working with a professional like the team at VM Family Law helps you avoid these risks and provides peace of mind that your will is solid and enforceable.

If you’re ready to protect your legacy, reach out to VM Family Law for expert support. Call us at 07 3447 8966 or visit VM Family Law to book a consultation and start planning with confidence.