How to Make a Legally Valid Will in Queensland

To make a legally valid will in Queensland you must be at least 18, have testamentary capacity, and put your wishes in writing. Under section 10 of the Succession Act 1981 (Qld), you sign the will in front of two adult witnesses who are present at the same time and who each sign in your presence. Naming an executor and clearly identifying your beneficiaries and assets then makes the will workable in practice.

Before you start, it helps to gather the right information — see our checklist on what you need to make a will.

For the full rules on who may act as a witness — and what happens if a beneficiary signs — see our guide on who can witness a will in Queensland.

Quick answer: A valid Queensland will must be in writing, made by someone 18 or over with capacity, and signed before two adult witnesses present together (s 10); the witnesses should be independent and take nothing under the will. Name an executor, and store the signed original safely.

General information only. This article explains the Queensland requirements in general terms and is not legal advice. The law can change; confirm your position or get advice for your circumstances before relying on it.

Key Takeaways

• A valid will must be in writing, made with testamentary capacity by a person aged 18 or over, and signed before two adult witnesses present at the same time (Succession Act 1981 (Qld) s 10).
• A gift to a witness (or a person claiming under them) can be void under s 11, with saving exceptions; the will stays valid, but use independent witnesses who take nothing to be safe.
• Name an executor and, if you have young children, a guardian; identify beneficiaries and assets clearly to avoid ambiguity.
• Marriage generally revokes an earlier will (s 14) and divorce cancels gifts to a former spouse (s 15), so review your will after major life events.
• Store the signed original safely and tell your executor where it is; a court can sometimes admit an informal document under s 18, but that is costly and uncertain.

Why a Valid Will Matters

A will sets out who inherits your property (your beneficiaries) and who administers your estate (your executor). If you die without a valid will you die “intestate”, and Queensland’s intestacy rules in the Succession Act 1981 (Qld) decide who receives your estate, following a fixed statutory formula rather than your personal wishes. That can mean a spouse and children take set shares, or, if you have neither, more distant relatives inherit, potentially including people you would not have chosen.

Your circumstances shape how you name beneficiaries and choose an executor. If you do not have a spouse or children, our guide to estate planning for single people explains why a clear will matters just as much when there is no obvious next of kin.

Intestacy often means more delay, higher legal costs and a greater risk of family conflict. A clear, validly executed will is the simplest way to keep control over what happens to your assets and to make administration easier for the people you leave behind. If you are unsure whether to prepare a will yourself, our guide on whether you need a lawyer to make a will in Queensland can help you decide.

The Legal Requirements for a Valid Will

The formal requirements for making a will in Queensland are set out in section 10 of the Succession Act 1981 (Qld). To be valid, a will must:

Following these steps carefully is what makes a will hard to challenge. Where a document does not meet all of the formalities, section 18 gives the Supreme Court a discretionary “dispensing power” to admit it if the court is satisfied the person intended it to be their will. That power is a safety net, not a substitute for proper execution: relying on it means an application to court, added cost, and no guarantee of success. Homemade and template documents that skip the formalities are a common reason estates end up in this position, which is one risk to weigh if you are considering an online or DIY will in Queensland.

Testamentary Capacity

Testamentary capacity is the mental ability to make a valid will. At the time you sign, you should understand the nature and effect of making a will, have a general sense of the extent of your property, appreciate who might reasonably expect to benefit (such as a spouse, children or dependants), and not be affected by any disorder of the mind or delusion that distorts those judgements.

Capacity is one of the most common grounds for a later challenge. If you are elderly, unwell, or expect a family member to be unhappy with your decisions, it is sensible to have a doctor assess and record your capacity around the time you sign (sometimes called the “Banks v Goodfellow” test in practice). Signing in a calm setting, without pressure from anyone who benefits, also helps reduce the risk of a claim based on lack of capacity or undue influence. Disputes of this kind are explained further in our guide to will disputes in Queensland.

There are limited exceptions to the age and capacity rules, handled by the court rather than at home. A minor can make a will in contemplation of marriage under section 9, and the court can authorise a minor to make, alter or revoke a will under section 19. For an adult who has lost testamentary capacity, section 21 lets the court authorise a statutory will on their behalf. These are specialist applications, not do-it-yourself options.

What to Include in Your Will

Beyond meeting the formalities, a useful will covers a handful of core decisions clearly.

Identify your assets

List what you own so nothing is overlooked: real property (home, investment properties, rural land), bank and investment accounts, shares and managed funds, vehicles and valuable personal items, business interests, and significant digital assets such as cryptocurrency or domain names. Remember that some assets do not pass under your will at all (see below), so knowing what is and is not part of your estate matters.

Choose your beneficiaries

Decide who inherits specific items and who shares the “residue” (whatever is left after gifts, debts and expenses). It is wise to name backup (contingent) beneficiaries in case someone dies before you, and to describe people clearly to avoid ambiguity, for example “my daughter, Jane Smith” rather than just “my daughter”.

Appoint an executor

Your executor collects your assets, pays debts and taxes, and distributes the estate. Choose someone trustworthy, organised and willing to take on months of administration. You can appoint co-executors or a professional executor, though co-executors must generally act together, which can slow things down if they disagree. An executor does not have to live in Queensland, but one who is nearby usually makes administration simpler.

Consider guardians and trusts

If you have children under 18, you can nominate a guardian to care for them. Where beneficiaries are young or vulnerable, or where you want to protect assets or manage tax, you can build a testamentary trust into the will rather than handing money over outright. Funeral or burial wishes can be included, but they are not strictly binding on your executor.

Signing and Witnessing the Will

Correct signing and witnessing is where many homemade wills fail. The process under s 10 is straightforward if you follow it precisely: you and both witnesses must be together, you sign (or acknowledge your signature) while both watch, and then each witness signs while you watch. Everyone should use the same pen sitting and, ideally, initial each page.

Just as important is who you choose as a witness. Under section 11, a gift to a witness — or to a person claiming under that witness — may be void. But the gift is saved if at least two of the other witnesses were independent, if everyone who would benefit from the gift failing consents in writing (and has capacity to consent), or if the court is satisfied the will-maker knew and approved the gift and made it freely and voluntarily. Either way, the will itself stays valid. The safe course is still to use two independent adult witnesses who take nothing under the will. A parallel rule in section 12 can void a gift to an interpreter used to help make the will.

Storing and Updating Your Will

Once signed, keep the original safe: with your solicitor in safe custody, in a bank deposit box, or in a secure place at home, and tell your executor where it is. A lost original can create real difficulty, because the court may need to be satisfied about the terms of a will that cannot be produced. After your death, section 33Z lets a broad group of entitled people — those named in the will, intestacy beneficiaries, your spouse, parents, children, certain creditors and potential family provision applicants — ask to inspect the will or obtain a certified copy, so your family will not be locked out. Our guide on storing your will safely in Queensland covers the options in more detail.

A will is not set-and-forget. Review it after major life events, because some of them change your will automatically:

• Marriage generally revokes an earlier will under section 14, unless the will was made in contemplation of that marriage.
• Divorce cancels gifts to, and the appointment of, a former spouse under section 15 (subject to statutory exceptions and any contrary intention in the will), but does not revoke the whole will.
• Entering a civil partnership revokes an earlier will under section 14A (with limited exceptions), much like marriage.
• Ending a civil partnership or a de facto relationship cancels gifts to, and appointments of, the former partner under sections 15A and 15B, subject to exceptions and any contrary intention.
• New children or grandchildren, or the death of a beneficiary or executor, are common reasons to update.
• Buying or selling major assets can leave gifts in your will that no longer make sense.
• The 30-day survival rule. Under section 33B, a beneficiary must generally survive you by 30 days to take a gift, unless your will says otherwise — something couples can deliberately set in the will.

Small changes can be made by a properly witnessed codicil, but for anything substantial it is usually cleaner to make a fresh will that revokes the old one. Couples who want to lock in an agreed plan sometimes consider mutual wills, and anyone going through a relationship breakdown should read our guide on estate planning after divorce or separation. It is good practice to revisit your will every few years as part of reviewing and updating your estate plan.

Assets That May Not Pass Under Your Will

A common misunderstanding is that a will controls everything you own. Several important assets can pass outside your estate:

• Superannuation is generally paid by the fund trustee and only forms part of your estate if you make a valid binding death benefit nomination in favour of your legal personal representative. See our guide on superannuation and probate in Queensland.
• Life insurance paid to a named individual beneficiary bypasses the estate; only proceeds directed to the estate are governed by your will.
• Jointly owned property held as joint tenants passes automatically to the surviving owner by survivorship, regardless of your will.
• Assets in a family trust or company are not owned by you personally, so they are not distributed by your will.

Planning for these separately is just as important as the will itself.

Common Mistakes to Avoid

• DIY and template errors. Cheap kits often omit key clauses or are witnessed incorrectly, which can trigger a costly s 18 application or partial intestacy.
• Using a beneficiary as a witness. This can void their gift under s 11.
• Forgetting super and insurance. Without correct nominations, these may not end up where you intended.
• Leaving stepchildren unaddressed. Stepchildren are not automatically included for every gift unless you name or define them, though they may still have inheritance rights as stepchildren. Foster children should be expressly named.
• Leaving out a residuary clause. Without a clause dealing with whatever is left over, anything not specifically gifted — or any gift that fails — passes under the intestacy rules, creating a partial intestacy.
• Ademption. A specific gift of an asset that is sold, replaced or refinanced before you die may simply fail, so be careful gifting particular assets that may not exist at your death.
• Letting the will go stale. An out-of-date will can cause unintended gifts, or partial intestacy where a gift fails.

Frequently Asked Questions

Can I make a valid will without a lawyer?
Yes. There is no legal requirement to use a lawyer, and a straightforward will can be made yourself if you follow the s 10 formalities exactly. For blended families, larger estates, business interests or testamentary trusts, professional advice reduces the risk of costly mistakes.

Are handwritten or online wills valid in Queensland?
A handwritten will can be valid if it meets the s 10 requirements. Online and template wills can also be valid, but they more often go wrong on witnessing or wording, so they must still be signed and witnessed correctly.

Can a beneficiary witness my will?
They can witness it without invalidating the will, but under s 11 the gift to that witness (or a person claiming under them) may be void — unless there were at least two other independent witnesses, everyone who would gain from the gift failing consents in writing, or the court is satisfied you knew and approved it and made it freely. To avoid any doubt, use independent witnesses who take nothing under the will.

Does my executor have to live in Queensland?
No, but an executor who lives in or near Queensland usually makes administration faster and cheaper.

What happens if I die without a will?
You die intestate and the Succession Act 1981 (Qld) decides who inherits under a fixed formula, which may not reflect your wishes and can increase delay, cost and the risk of dispute.

How often should I update my will?
Review it every few years and after any major life event such as marriage, divorce, a new child, or a significant change in assets.

Conclusion

Making a legally valid will in Queensland comes down to meeting the formal rules in the Succession Act 1981 (Qld), being clear about who inherits and who administers your estate, and keeping the document current. A properly written and witnessed will spares your family from guesswork, reduces the risk of disputes, and lets you leave a legacy that reflects your wishes. If your situation is at all complex, getting advice before you sign is a small investment against much larger problems later.

Related Resources

• Do You Need a Lawyer to Make a Will in Queensland?
• What Is a Testamentary Trust and When Should You Use One?
• What Is a Will Dispute in Queensland?
• The Importance of Storing Your Will Safely in Queensland
• Reviewing and Updating Your Estate Plan in Queensland

Sources

• Succession Act 1981 (Qld) ss 9, 10, 11, 12, 14, 14A, 15, 15A, 15B, 18, 19, 21, 33B, 33Z (Queensland Legislation).
• Queensland Government, Wills and Estates guidance.
• Queensland Government / MoneySmart, Superannuation death benefit nominations.