In Queensland, you have several ways to make a Will:

• Use an Online Platform: For simpler estates, a service like "Will Hero" offers an affordable, convenient way to create a valid Will online in QLD. Our visual interface walks you through each step to ensure you cover all essentials.

• Hire a Lawyer: Ideal if your estate is large or complex, or if you want personalised legal guidance. Lawyers can assist with estate tax planning, trusts, and other specialised issues.

• Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in Queensland.

No. You don’t have to hire a lawyer to create a valid Will in Queensland. If your affairs are straightforward and your wishes are clear, an online or handwritten Will often suffices. However, if your estate is complex or you’re worried about tax planning or trusts, consulting a legal professional can provide extra peace of mind.

Yes. When you make a Will in Queensland, handwriting it is perfectly valid if you follow the correct steps. Under the Succession Act 1981 (QLD), the testator must sign any typed or handwritten Will in front of two witnesses who watch at the same time.

If a handwritten Will doesn’t meet these requirements, the Queensland Supreme Court may use its “dispensing power” to declare it valid, but that route is uncertain and can be expensive. To avoid complications, use two independent witnesses from the outset—no matter how you create your Will.

Australia, including Queensland, doesn’t impose inheritance or estate taxes; “death duties” were abolished decades ago. However, you may incur capital gains tax (CGT) if you sell an inherited asset at a profit.

Death itself doesn’t automatically trigger a tax, but if you have complex property or investments, consult a tax professional. That way, you’ll understand any potential CGT or other implications before you make a Will in Queensland.

No. In Queensland, you don’t need a notarised Will for it to be valid. Simply sign your Will in front of two witnesses, and have them sign too. That’s enough for legal recognition.

Yes. As long as you have sound mind, you can update your Will whenever you like. Generally, you have two choices:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Draft a new will that replaces your old one, and clearly state that it revokes all prior wills and codicils. After signing, destroy every copy of the old will to avoid confusion or disputes.

If you pass away without a Will in Queensland, state intestacy laws dictate who inherits. Usually, your closest relatives receive your assets. If you have no immediate family, the state may claim your property.

If you have minor children, the court chooses their guardian, which can contradict your preferences. By choosing to make a Will in Queensland, you keep control over these important decisions.

Probate is the legal process that begins after someone dies. It confirms a Will’s validity and ensures the estate follows that Will—or, if none exists, Queensland’s intestacy laws.

In Queensland, the Supreme Court (via its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate. The process usually includes:

1. Filing the Will The executor files the Will with the Supreme Court of Queensland, along with a petition to open probate. If there’s no Will, they submit a petition for intestate succession.

2. Appointing an Executor If a valid Will names an executor, that person manages the estate. If the Will lacks one—or if no Will exists—the court appoints an administrator.

3. Inventory of Assets The executor identifies and values the deceased’s property, such as bank accounts, investments, personal belongings, and debts.

4. Paying Debts and Taxes Before distributing the estate, the executor settles all debts, taxes, and expenses (like mortgages or medical bills).

5. Distributing the Estate Once debts are paid, the executor distributes remaining assets to beneficiaries named in the Will. Without a Will, the estate passes to heirs under Queensland’s intestacy rules.

6. Closing the Estate After meeting all obligations, the executor files a final petition to close probate.

When you make a Will in Queensland, you choose an executor who typically manages these steps for you—further ensuring your estate follows your wishes.

In Queensland, probate can last anywhere from a few months to over a year. Factors like estate complexity, beneficiary disputes, or a contested Will may prolong it. On average, the process finishes in about 9 to 18 months.

You can often reduce probate by arranging certain assets so they bypass your estate:

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

Many people use living trusts or beneficiary designations to streamline estate administration and lower costs. If you want to minimise probate when you make a Will in Queensland, consider these options early.