Can You Make a Will Without a Lawyer in Queensland?

What makes a will valid in Queensland

Under the Succession Act 1981 (Qld), a will generally needs to:

• be in writing (typed or handwritten)
• be signed by you, or by someone else at your direction and in your presence
• have your signature made or acknowledged in front of two witnesses who are both present at the same time
• be signed by both witnesses in your presence

You need to be 18 or over to make a will, with a few limited exceptions, and you need the mental capacity to make one. In plain terms, that means you understand you’re making a will, you have a broad sense of what you own, and you know who might reasonably expect to be included. The will also has to reflect your own wishes, made freely and without pressure from anyone.

Queensland courts can sometimes accept a document that wasn't signed or witnessed correctly. That usually means an application to the Supreme Court, which adds cost and delay for your family at an already hard time.

The DIY options people use

There are three common ways people make a will on their own:



• Will kits from a newsagent, post office or online store, where you fill in the blanks
• Online will platforms that walk you through a set of questions, then have you print, sign and witness the document
• A handwritten will, which is valid as long as it meets the signing and witnessing rules above

These can work well when life is fairly straightforward. Think of someone who owns a few assets in their own name, wants everything to go to their partner and then equally to their children, and doesn't expect anyone to be unhappy with that.

Where DIY wills often go wrong

Most problems with homemade wills don't show up until the will-maker has passed away, when it's too late to ask what they meant. These are the issues we see most often.

Signing and witnessing slip-ups

One witness steps out of the room before you sign, or the two witnesses sign at different times. Mistakes like these can leave your family arguing about whether the will is valid at all. Having a beneficiary witness the will causes a different problem: the will usually still stands, but that person can lose their gift. It’s also wise not to use a beneficiary’s partner as a witness.

Wording that doesn't hold up

"My house goes to Sarah" causes trouble if you sell that house and buy another. "Split between my children" may not say what happens if one child dies before you.

Assets the will doesn't control

Property you own as joint tenants usually passes straight to the other owner. Superannuation is paid according to your fund's rules and any nomination you've made. Assets held in a family trust or company follow their own documents. Many people are surprised to learn their will doesn't cover these.

Life changes

In Queensland, getting married or registering a civil partnership generally cancels an existing will, unless the will was made in contemplation of it. A final divorce, or the end of a civil partnership or de facto relationship, usually cancels gifts to your former partner and their appointment as executor, unless your will says otherwise. If you’re married and separate but haven’t divorced, your will doesn’t change, so your former partner could still inherit and act as your executor. A will written years ago may no longer say what you’d want.

Leaving someone out

A spouse, child or dependant who feels they weren't properly provided for can make a family provision claim against your estate. A DIY will rarely thinks this through, and a claim can cost the estate far more than the will ever did.

A lost original

Your executor needs the original signed will to apply for probate. If it can't be found, things get complicated quickly.

When it's worth getting a lawyer involved

A DIY will isn't wrong. It just has limits. It's worth speaking with a lawyer if any of these sound familiar:

• You have a blended family, or children from more than one relationship
• You own more than one property, or property in more than one state
• You run a business or have a family trust or company
• You have children under 18 and want to name a guardian
• Someone you want to provide for may need long-term support, where a testamentary trust could help
• You think someone may be unhappy with what you've decided

In these situations, the cost of having a will prepared properly is usually small next to the cost of untangling a problem later. That cost tends to land on the people you love most.

At Airlie Legal, Seda and the team handle wills and estate planning in the Whitsundays in plain English. We'll talk through your family, what you own and what matters to you, then prepare a will that fits. We can also look after the signing and witnessing, keep your original safe, and prepare an Enduring Power of Attorney at the same time if you need one.

Frequently asked questions

Maybe you’ve bought a will kit and stalled at a question you can’t answer, or you’ve written something yourself and would like a lawyer to look it over. Either way, give us a call. We’ll tell you honestly whether a simple will does the job or whether your situation needs a bit more care, and we’ll explain it in plain English.

The lawyers at Airlie Legal work with families across Airlie Beach and the Whitsundays, from our office in Cannonvale or entirely online. Call Seda and the team on 07 4882 3003, or enquire online to book a time that suits you.