Making or Updating Your Will in Queensland: Getting It Right the First Time

It is one of the most commonly delayed pieces of personal admin — easy to put off, easy to assume there is time for later. Yet a will is the single document that determines who cares for your children, who manages your affairs, and who receives what you have worked to build. Getting it right in Queensland means more than filling in a template; it means meeting specific legal formalities and thinking through circumstances that a generic form is rarely built to handle.

The Legal Requirements for a Valid Will in Queensland

Under the Succession Act 1981 (Qld), a person generally must be over 18 and have testamentary capacity — the mental capacity to understand the nature and effect of making a will — to make a valid one (with limited exceptions for minors in specific circumstances). The will itself must be in writing, signed by the will-maker, and that signature must be witnessed by two adults who are present at the same time and are not beneficiaries under the will. These formalities exist for good reason: they are what protects a will from later being challenged on the basis it was not properly made, or that the will-maker did not truly understand or intend what was signed.

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What a Comprehensive Will Should Actually Cover

• Clearly naming one or more executors, and a backup executor in case the first is unable or unwilling to act
• Appointing a guardian for any children under 18
• Setting out specific gifts (particular assets or amounts) as well as how the residue of the estate is to be divided
• Addressing superannuation and any related death benefit nominations, which typically sit outside the will and need to be co-ordinated separately
• Considering whether a testamentary trust is appropriate — particularly for beneficiaries who are minors, vulnerable, or where asset protection or tax planning is a priority
• Accounting for digital assets, business interests, and jointly held property

Why DIY Will Kits Carry More Risk Than They Appear To

Online or store-bought will kits can look deceptively simple, but they place the full weight of getting the legal formalities right on someone with no legal training. Execution errors — an incorrectly witnessed signature, an ambiguous clause, a gift that fails because the asset no longer exists at death — are common, and often only come to light after the will-maker has died and it is too late to fix them. DIY wills also rarely turn their mind to blended family dynamics, complex asset structures, or the interaction between a will and superannuation — precisely the issues most likely to end in a contested estate.

When You Need to Update Your Will

A will is not a “set and forget” document. Marriage generally revokes an earlier will in Queensland unless the will was made specifically in contemplation of that marriage, while divorce can affect gifts and appointments made in favour of a former spouse. The birth of children, a significant change in assets, the death of a named executor or beneficiary, or a move interstate or overseas are all events that should prompt a review. A will drafted for one stage of life rarely still reflects the right decisions ten or twenty years later.

How Aylward Game Solicitors Can Assist

A will is only as strong as its weakest clause, and the cost of a flawed one is rarely felt by the person who made it — it lands squarely on the family left behind, at the worst possible time.

Aylward Game Solicitors provides comprehensive wills and estate planning services, preparing wills that meet the formal requirements under the Succession Act 1981 (Qld). Our team takes the time to understand your family structure, your assets, and your intentions — including guidance on executors, guardianship, testamentary trusts, superannuation and blended family considerations that a template simply cannot provide.

Get Ahead with Expert Legal Guidance

Trust Aylward Game Solicitors to Navigate Your Legal Challenges

Schedule Your Appointment Now

Call Us (1800) 217 217

Whether you are making your first will or reviewing one that has not been touched in years, our Brisbane, Gold Coast and Sunshine Coast team can guide you through the process clearly, store your original will securely, and ensure it says exactly what you intend it to say.

To make or update your will in Queensland, arrange a will consultation with Aylward Game Solicitors today.