Why Every Adult in Queensland Needs a Legally Valid Will (And What Happens If You Don’t Have One)

A Will is one of the most important legal documents you will ever sign. Yet it is also one of the most delayed tasks for Australian families. Many people believe that preparing a Will is only relevant for older adults, wealthy individuals or those nearing retirement. In reality, any person over 18 who owns assets, has children, or wishes to protect their loved ones should have a valid Will in place. Whether you are a first-home buyer, a business owner, a parent of young children, or approaching retirement, a Will ensures that your final wishes are respected, your assets are distributed fairly, and your family is protected from unnecessary stress and conflict.

This article explains what a Will does, how it works in Queensland, the risks of not having a Will, and how a solicitor can help you prepare a document that is both legally sound and tailored to your personal circumstances.

What Is a Will and Why Is It So Important?

A Will is a legally binding document that outlines how you want your assets to be distributed after your death. In Queensland, a Will also allows you to appoint an Executor—someone you trust—to manage your estate, pay your liabilities, and ensure your instructions are carried out properly.

A Will can cover a wide range of personal decisions, including:

• Who receives your property, money and personal items

• Guardianship for minor children

• Management of trusts for children or vulnerable beneficiaries

• Charitable gifts

• Instructions for digital assets

• Funeral wishes

• Distribution of overseas property

• Special arrangements for blended families

Without a valid Will, the law—not your family—decides how your estate is divided. This process can be lengthy, stressful, and expensive for your loved ones, especially in blended family situations.

What Happens If You Die Without a Will (Intestacy Rule)

In Queensland, if someone passes away without a valid Will, their estate is distributed under the "intestacy rules" in the Succession Act 1981 (Qld). These rules do not consider personal circumstances, cultural expectations, or modern family structures. Instead, the law follows a strict order:

• Spouse

• Children

• Parents

• Siblings

• Extended relatives

If no eligible relatives are found, the estate passes to the State.

Common problems include:

• Blended families: Children from previous relationships may receive little or nothing.

• De facto partners: May need to prove their relationship in court.

• Keen conflicts: Family members may dispute who should manage the estate.

• Business assets: May be frozen or lost if there is no succession plan.

• Minor children: Guardianship may become complicated, especially when parents are separated.

Creating a Will avoids these risks—and gives you control over decisions that truly matter.

Why DIY Wills and Templates Are Risky

While online templates and DIY Will kits may appear convenient, they often fail to comply with the strict requirements of the Succession Act. Common mistakes include:

• Improper signing and witnessing

• Missing essential clauses

• Ambiguous or conflicting instructions

• Failing to include a residuary clause

• Forgetting to appoint backup executors

• Ignoring tax consequences

• Misunderstanding how joint assets or superannuation work

• Incorrect assumptions about overseas property

A Will containing errors may be declared invalid or require the Court to interpret your intentions—costing your estate significant legal fees and delays. A solicitor ensures that your Will is properly drafted, legally enforceable, and fully tailored to your wishes.

Key Components of a Well-Drafted Will

When you work with a solicitor, your Will typically includes:

1. Appointment of Executors

Your Executor is the person responsible for administering your estate. Choosing someone trustworthy, organised, and capable is essential. You may also appoint more than one Executor.

2. Guardianship of Minor Children

Parents can appoint a guardian to care for minor children. This is especially important for single parents or separated families.

3. Distribution of Assets

Your Will outlines who will receive:

• Real estate

• Bank accounts

• Investments

• Vehicles

• Jewellery, heirlooms and personal items

• Digital assets

• Cryptocurrency

• Business interests

• Overseas assets

4. Creation of Testamentary Trusts

A testamentary trust is used when you want to protect beneficiaries—such as children, vulnerable individuals, or spendthrift beneficiaries. It can provide tax advantages and long-term control.

5. Residual Clause

This ensures that any assets not specifically listed are still distributed according to your wishes.

6. Funeral and Cultural Wishes

While not legally binding, your Will can express your personal preferences.

How Often Should You Update Your Will?

You should review your Will every two to three years and update it whenever a major life event occurs—such as marriage, divorce, new children, business changes, property purchases, financial changes, or a shift in family dynamics.

Marriage revokes a Will in Queensland unless the Will specifically states that it is made in contemplation of marriage. Divorce also affects certain clauses. Regular reviews ensure that your Will remains valid and accurate.

Why Work With a Solicitor Instead of a Template?

A solicitor ensures:

• The Will is drafted according to Queensland law

• Proper witnessing and signing procedures

• Tailored advice for blended families

• Clear instructions that minimise disputes

• Secure storage of your Will

• Guidance on EPOA and superannuation matters

• Coordination with your accountant or financial planner if needed

Your Will is too important to leave to chance. A professionally drafted Will offers clarity, certainty and peace of mind for you and your family.