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Review My Will: When, How & Why You Should Review Your Estate Plan in Queensland
Creating a Will is a significant milestone, but it is not a set-and-forget task. Life in South East Queensland moves fast, marriages occur, families grow, and assets accumulate. If your Will was drafted five years ago, it might as well be fifty years old in the eyes of the law. At Aylward Game Solicitors, we […]
Review My Will: When, How & Why You Should Review Your Estate Plan in Queensland
Creating a Will is a significant milestone, but it is not a set-and-forget task. Life in South East Queensland moves fast, marriages occur, families grow, and assets accumulate. If your Will was drafted five years ago, it might as well be fifty years old in the eyes of the law.
At Aylward Game Solicitors, we see firsthand the complications that arise when an outdated Will meets modern life. Led by Ian Field, an Accredited Specialist with over 25 years of trans-equatorial experience, and Kauri Burgess, a specialist Wills & Estates solicitor with years of experience, our team is committed to ensuring your legacy remains watertight under the Succession Act 1981 (Qld).
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What Does It Mean to Review My Will?
Reviewing your Will doesn’t necessarily mean rewriting it from scratch. It simply means revisiting the document to confirm that it continues to align with your present intentions, circumstances, and the people you want to benefit from your estate.
A Will review typically involves checking whether your chosen executors are still appropriate and willing to act, confirming that your nominated beneficiaries are still living and relevant, verifying that any specific gifts or property mentioned in the Will still exist, and assessing whether your financial situation has changed in ways that affect your estate planning.
Legal experts, including the team at Aylward Game Solicitors, recommend reviewing your Will at least every two to three years, even if your situation hasn’t changed dramatically. In certain situations, an immediate review may be necessary.
Queensland Law – The Legal Framework for Wills
Understanding the legal framework for Wills is critical to understanding why a review is so important in Queensland. Wills and estate planning in QLD are governed by the following key legislation:
Succession Act 1981 (QLD): This is the primary legislation governing Wills in Queensland, addressing the formal requirements for making, updating, and executing Wills.
Section 14: Addresses the revocation of a Will by marriage. In Queensland, marriage automatically revokes a previously made unless the Will was created specifically with the intention of the marriage.
Section 15: Deals with the effect of divorce on a Will, revoking gifts and appointments in favour of a former spouse.
Guardianship and Administration Act 2000 (QLD): Relevant when considering Enduring Powers of Attorney and Advanced Health Directives, which should be reviewed alongside your Will.
Powers of Attorney Act 1998 (QLD): Governs Enduring Powers of Attorney, which allow a reliable individual to oversee your financial and personal affairs if you become unable to do so yourself.
Family Law Act 1975 (Cth): Federal legislation relevant where separation, divorce, or de facto relationships intersect with estate planning.
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When Should I Review My Will?
Certain life changes should trigger a review of your Will without delay. Failing to act can result in your estate being distributed in ways that don’t reflect your wishes, or worse, resulting in costly and emotionally draining legal disputes.
1. Marriage
Under Section 14 of the Succession Act 1981 (QLD), marriage automatically revokes your existing unless the Will was created with the intention of taking the upcoming marriage into account. This is one of the most overlooked estate planning pitfalls in Queensland. If you marry and don’t make a new Will, you risk dying intestate, meaning Queensland’s intestacy laws, not your wishes, determine who receives your estate.
2. Separation or Divorce
Divorce revokes gifts and executor appointments made in favour of a former spouse under Section 15 of the Succession Act 1981 (QLD). However, and this is critical, separation alone does not automatically revoke these provisions. If you separate from a partner without formal divorce proceedings, your estranged partner may still be entitled to your estate.
If you are in a de facto relationship and that relationship ends, there is no automatic legislative protection. You must update your Will accordingly. Ian Field, Accredited Specialist Family Lawyer at Aylward Game Solicitors, strongly advises clients on the intersection of family law and estate planning, a nuanced area that requires expert legal guidance.
3. Death of a Beneficiary or Executor
If someone named in your Will, whether as a beneficiary or an executor, has passed away, your Will needs to be updated. Without a substitute executor in place, the administration of your estate can become complicated and delayed. Kauri Burgess at Aylward Game Solicitors regularly assists clients in reviewing executor appointments to ensure there is always a suitable and willing person ready to act.
4. Death of a Beneficiary or Executor
If someone named in your Will, whether as a beneficiary or an executor, has passed away, your Will needs to be updated. Without a substitute executor in place, the administration of your estate can become complicated and delayed. Kauri Burgess at Aylward Game Solicitors regularly assists clients in reviewing executor appointments to ensure there is always a suitable and willing person ready to act.
5. Significant Changes in Financial Circumstances
Receiving an inheritance, purchasing property, starting or selling a business, or acquiring significant assets are all events that should prompt a Will review. Equally, if you have disposed of or transferred property that was the subject of a specific gift in your Will, an update is essential to avoid a failed gift, where the Will refers to an asset that no longer exists in your estate.
6. Changes in Relationships or Beneficiary Circumstances
Estrangements, reconciliations, and changes in a beneficiary’s personal circumstances, such as developing a disability, addiction, or entering financial difficulty, should all prompt a review. In cases where a beneficiary may be vulnerable, Kauri Burgess can advise on the use of testamentary trusts to protect their inheritance and safeguard their long-term wellbeing.
Can I Review My Will Online?
Many people search for a my Will online review service or ways to complete a Will review near me quickly and conveniently. While online services and Will kits are available, they carry significant risks. The wording and structure of a Will must comply precisely with the Succession Act 1981 (QLD), and errors in self-prepared documents can render them invalid or produce unintended outcomes.
Meet Ian Field
Ian Field is a dedicated Family law, Wills, and Estates lawyer and Partner at Aylward Game Solicitors. Providing expert legal services across Brisbane, the Gold Coast, and the Sunshine Coast, Ian is renowned for his approachable nature and commitment to his clients. He is always ready to help people navigate complex legal challenges with a supportive, practical approach to ensure their futures are secure.
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Trust Aylward Game Solicitors to Navigate Your Legal Challenges
Meet Kauri Burgess
Kauri Burgess is a Wills and Estates Solicitor at Aylward Game Solicitors, serving Brisbane, the Gold Coast, and the Sunshine Coast. With a decade of experience, she provides empathetic, expert guidance in Estate Planning and Administration. Kauri is dedicated to helping people preserve their family legacies with clarity and professional care.
Why Choose Aylward Game Solicitors?
Choose Aylward Game Solicitors for nearly a decade of collective expertise in Brisbane, Gold Coast, and Sunshine Coast. Led by Accredited Specialist Ian Field and expert Kauri Burgess, we blend traditional values with modern legal strategy. From Wills to Family Law, we provide compassionate, tailored solutions to protect your legacy and future.
For personalised legal guidance suited to your specific situation, contact Aylward Game Solicitors today to schedule a consultation and secure your future.
Frequently Asked Questions (FAQs)
Who has a legal right to view a Will after someone passes away in QLD?
Under Section 33Z of the Succession Act 1981 (Qld), specifically entitled persons have a right to inspect the Will. This includes anyone named in the document (beneficiary or not), the deceased’s spouse or children, and anyone who would have inherited if there were no Will (intestacy).
Is a Will considered a public document in Australia?
A Will remains private until a Grant of Probate is issued by the Supreme Court. Once probate is granted, the Will becomes a public record. At this stage, anyone can apply to the Court Registry in Brisbane or their local jurisdiction to view it for a small fee.
What is a frequent mistake people make regarding inheritance?
The most common error is failing to update a Will after marriage or divorce. In Queensland, marriage revokes a Will unless specifically drafted in contemplation of marriage. Another major mistake is forgetting that superannuation is not automatically covered by your Will; a separate Binding Death Benefit Nomination is required.
Do beneficiaries have a guaranteed right to see the full Will?
Yes. In Queensland, any person named in the current Will, or in an earlier version of the Will, is an “entitled person.” They can request a copy from the person in possession of the document (usually the executor or their solicitor), who must provide it upon payment of reasonable costs.
How can I confirm if I am named as a beneficiary?
The easiest way is to contact the executor or the law firm holding the Will. If they refuse, and you believe you are an entitled person under the Succession Act, you may need a solicitor like Kauri Burgess to send a formal request to compel the release of the document.
Is an executor allowed to hold back funds from beneficiaries?
An executor can only withhold funds for legitimate reasons, such as paying estate debts, taxes, or waiting for the contest period (6 months in QLD) to expire. If an executor is withholding money without a valid legal reason, they may be personally liable for breach of fiduciary duty.
What is the best way to find out if I’ve been included in a Will?
If you haven’t been notified, you should check the Supreme Court of Queensland’s Probate Notice Database. You can also reach out to the deceased’s known legal representatives. Aylward Game Solicitors often assists clients in navigating these searches to ensure their rights are protected.
How do I track down a copy of a Will in Australia?
Start by searching the deceased’s home or safe deposit boxes. If unsuccessful, contact the Queensland Public Trustee or local Brisbane law firms. Once probate is granted, you can search the Supreme Court records online or in person to find a lodged copy.
How are people usually informed that they are in a Will?
While there is no “formal reading of the Will” in Australia, the executor has a legal duty to notify beneficiaries of their entitlement as soon as practicable. This is typically done via a formal letter or email from the estate’s solicitor, which provides a copy of the relevant sections.
Can I contest a Will if I was left out?
Yes. If you are a spouse, child, or dependent and feel you were not “adequately provided for,” you can file a Family Provision Application under Part 4 of the Succession Act. However, strict time limits apply in Queensland (usually 6 months’ notice), so immediate legal advice is vital.
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Trust Aylward Game Solicitors to Navigate Your Legal Challenges
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