If you’re wondering how to write a will, you’re not alone. Across Australia, including Queensland, thousands of people put it off, thinking it’s too complex or only for the wealthy.
But having a will is essential, no matter your age, assets, or family situation. It’s your chance to decide what happens to your property, money, digital accounts, and personal items after you die.
Without one, the law steps in, and the outcome might not reflect your wishes.
Learning how to write a will gives you control, protects your loved ones, and can help avoid family disputes and delays later on. It’s also a key part of making sure your estate is handled the way you want.
In Queensland, strict legal rules apply, so knowing the basics is essential. Here’s a simple 7-step guide to help you create a clear, valid will that stands up under Queensland law.
Need help writing your will the right way? VM Family Law’s trusted Queensland family lawyers will guide you through every step, from asset planning to legally binding clauses. Call us today at 07 3447 8966.
1. Check If You’re Eligible to Make a Will in QLD
Under Queensland law, you must be at least 18 years old and have testamentary capacity. This means you need to understand what your will does, what assets you own, who might expect to benefit, and how your decisions affect those people.
You must also be mentally capable at the time of signing. These legal thresholds are defined in the Succession Act 1981.
While there have been rare exceptions, such as in cases involving marriage breakdowns, the age requirement is usually strict. If there’s any doubt about your mental capacity, it’s a smart move to seek medical or legal confirmation.
Working with a family lawyer can make this process much easier.
Family lawyers, such as VM Family Law, can help confirm capacity, explain your legal rights, and ensure your will is drafted correctly and witnessed so it holds up in court. Their advice is especially valuable if your situation is complex or if you anticipate any disputes down the track.
2. Make a List of Your Assets and Debts
Before writing your will, list down all your assets. This usually includes real property, bank accounts, shares, super, motor vehicles, personal items, digital assets (social media, cryptocurrency), and any personal loans or debts you owe.
Include business interests and life insurance if they don’t pass outside your estate. Note valuations and ownership documents.
Also list liabilities: mortgages, credit cards, personal loans, funeral expenses, or tax obligations. Understanding what’s legally part of your estate is essential for accurate estate administration, tax planning, and calculating what you can distribute as gifts or residuary estate.
3. Choose an Executor for Your Will
An executor is the person who applies for probate, arranges the grant of probate, communicates with the Queensland Public Trustee, liquidates assets, pays debts, and distributes the estate.
They’re responsible for lodging notices like Form 103, Notice of intention to apply for grant, possible Form 118 (support of caveat), or withdrawal forms (Form 119) if disputes occur.
In Queensland, almost anyone over 18 with capacity can be an executor, such as family members, trusted friends, or legal practitioners. Or, you could name the Queensland Public Trustee.
Choose someone organised, impartial, trustworthy, and ideally locally based. If you have complex assets, like trust provisions or digital assets, you might appoint a professional or co-executor.
4. Decide Who Gets What (Beneficiaries)
Your will should name your beneficiaries clearly: children, partner, other relatives, or charities. You can specify gifts, such as “house to my son”, “$10,000 to charity X”, or clothing to a friend, etc.
Or, leave the rest in a residuary clause to be shared proportionately or in trust.
Include backup beneficiaries in case your primary choices die before you. It’s wise to define whether gifts are outright or held in a trust (especially for minors).
Don’t forget to address digital assets, cryptocurrencies, and online accounts, a growing concern in modern estate planning. A well-structured will minimises the chance of a family provision claim, which can arise under Queensland’s family provision laws if someone feels unfairly treated.
5. Appoint Guardians for Children (if needed)
If you have under‑18 children, you can nominate a guardian in your will. While the court has ultimate decision‑making power, Queensland law gives weight to your nomination if it reflects the best interests of the child.
Be sure the person you nominate is willing and able, and discuss it ahead of time.
Clarify contingencies if your nominated guardian can’t serve (e.g. a backup guardian). That way, your children’s care is less likely to result in courtroom wrangling or family conflict.
6. Write and Sign Your Will Properly
Queensland strictly enforces formal requirements. Your will must be in writing (handwritten, typed or digital).
You must sign it at the end of the document in the presence of two witnesses who are both present at the same time, and each witness must sign it. Witnesses should not be beneficiaries (otherwise that gift may be void).
Ideally, use two independent adults, like lawyers, your executor, or trusted friends.
Avoid common mistakes. Do not let beneficiaries witness, do not initial changes, do not create unclear or informal modern formats unless you’re certain they meet formal standards.
You must have capacity at signing. If you’re using online services portal, electronic wills or digital signature, check that you’re following accepted formal requirements.
Queensland is cautious about e‑wills, and courts generally favour traditional wills unless statutory changes now validate them. If there’s any doubt, stick with paper copies and witnessed signatures.
7. Store Your Will in a Safe Place
Once signed, store your will securely. Options include:
- Giving the original to your executor with clear instructions
- Depositing with the Queensland Public Trustee or solicitor
- Secure safe‑deposit box or home safe
- Registering location via secure services like Queensland Digital Identity or Objective Connect, ensuring access in future
- Filing a copy via e‑lodgement portal or Queensland Courts Online Services Portal
Ensure your executor (or trusted family members) knows where it is and how to retrieve it.
You might register details confidentially via the will’s guide for beneficiaries, Registry of Births, Deaths and Marriages, or professional legal registers. That way, when the time comes, your wishes can be carried out without delay or confusion.
Worried about family disputes over your will? VM Family Law’s Queensland family lawyers can help you draft a solid will that reduces conflict and protects your intentions. Talk to our lawyers today by calling 07 3447 8966.
FAQs on How to Write a Will
Can you write your own will in Queensland?
Yes, you can write your own will in Queensland, but it must meet all legal requirements under the Succession Act 1981, including proper wording, signing, and witnessing. Errors can make it invalid, so legal advice is recommended if you’re unsure.
How much does it cost to write a will in QLD?
Costs vary. DIY will kits start under $50, while a lawyer-drafted will typically costs $300 to $800. Complex estates with trusts or blended families may cost more.
How can family lawyers help when it comes to writing a will?
Family lawyers make sure your will is legally sound, reflects your wishes, and reduces the risk of disputes. They handle complex issues like family provision claims, guardianship, and large estates, and draft clear, enforceable documents.
Is a will kit legal in Queensland?
Yes. Will kits are legal if properly completed, with clear wording, correct structure, and valid witnessing. Mistakes can invalidate parts, so it’s wise to have a lawyer review it.
What if I want to update my will later?
You can update your will by creating a new one or adding a codicil, which must be witnessed like the original. Most people prefer a new will to avoid confusion. Major life changes, like marriage, divorce, births, or asset changes, warrant an update. Always store the latest version safely and tell your executor.
What happens if beneficiaries challenge my will?
Under Queensland family provision laws, eligible people (e.g. spouse, child, dependent) can file a claim in court. To reduce risk, clearly explain your decisions in the will, document your intentions, and seek legal advice if disputes are likely.
Can an executor also be a beneficiary?
Yes, but avoid having beneficiaries as witnesses; doing so can void their gift. An executor can also be a beneficiary, as long as they don’t witness the will.
Final Thoughts
Learning how to write a will in Queensland doesn’t have to be difficult. With the right steps, you can create a clear, legally valid document that reflects your wishes and protects your family.
Whether your estate is simple or complex, taking the time to get it right now can save your loved ones stress later. If you’re unsure where to start or want expert guidance to avoid mistakes, our Queensland family lawyers at VM Family Law are here to help.
We help you draft, review, or update your will to ensure it meets all legal requirements under Queensland law. Call us today at 07 3447 8966 to book a consultation.
