General Information Only: This article is general information, not legal advice. For advice specific to your circumstances, consult a qualified…
General Information Only: This article is general information, not legal advice. For advice specific to your circumstances, consult a qualified Queensland estate lawyer.
Before you start, it helps to gather the right information — see our checklist on what you need to make a will.
In Queensland, you are not legally required to use a lawyer to make a will — but whether you should depends on the complexity of your estate, your family situation, and the risks you’re willing to accept. A DIY will can be valid if properly executed, but a single drafting error or missing witness signature can render it void, leaving your family without a clear legal document.
Below we explain when Queensland law requires professional input, when a DIY approach is reasonable, and what the real costs look like — so you can make an informed decision.
Queensland Will Requirements: What the Law Says
Under the Succession Act 1981 (Qld), a valid will must be in writing, signed by the testator (the person making the will) at the end of the document, and witnessed by two adults who are not beneficiaries. No lawyer is required — but the execution rules are strict. A will that fails even one of these requirements may be contested in the Supreme Court of Queensland, creating significant cost and delay for your estate.
Queensland also allows “informal wills” to be recognised by the court in limited circumstances (e.g. a handwritten note or video recording), but this is never a reliable strategy. The safest approach is a formally executed, professionally drafted will.
When You Probably Need a Lawyer in Queensland
Certain situations in Queensland significantly increase the risk of a DIY will failing or being successfully challenged. You should strongly consider a lawyer if any of the following apply:
More complex wishes, such as providing for a pet after you are gone, are situations where careful drafting matters. Read our overview of pet trusts in Queensland for how these arrangements are structured.
- Blended families or step-children — Succession Act claims by eligible persons (including step-children and de facto partners) are common in Queensland. A lawyer can draft provisions that reduce exposure.
- Business interests or self-managed super — Business succession and SMSF death benefits require careful coordination between your will, binding death benefit nominations, and partnership or shareholder agreements.
- Testamentary trusts — If you want to create a trust for children, a person with disability, or tax planning purposes, a lawyer is essential. These structures cannot be drafted correctly using a DIY kit.
- Overseas assets or beneficiaries — Property held in other countries or beneficiaries overseas add legal complexity that a standard Queensland will template cannot address.
- Concerns about a family provision claim — If you intend to exclude or reduce the share of an eligible person (adult child, spouse, de facto), a lawyer can advise on structuring the will and documenting your reasons to defend against a future challenge.
- Cognitive health concerns — A lawyer can record evidence of testamentary capacity at the time of signing, which can be critical if the will is later challenged on mental capacity grounds.
When a DIY Will May Be Sufficient
A DIY will may be appropriate if your situation is genuinely straightforward: one or two beneficiaries (e.g. a spouse and adult children from the same relationship), a simple asset base (a home, savings, and personal effects), no business interests, and no anticipated family disputes. Even in simple cases, however, execution errors are the leading cause of DIY will failures — so if you take the DIY route, follow the witnessing rules in the Succession Act exactly.
Online will services (such as Safewill or Willed) provide guided prompts that reduce drafting errors, but they still cannot advise you on your specific legal situation, warn you about Queensland-specific risks, or create testamentary trust structures.
Cost Comparison: Lawyer vs DIY in Queensland
Cost is often the reason people consider a DIY approach. Here is a realistic comparison for Queensland:
| Option | Typical Cost (QLD) | Best for | Key Risk |
|---|---|---|---|
| Lawyer-drafted will (simple) | $300 – $600 | Most people | None, if done properly |
| Lawyer-drafted will (complex) | $800 – $2,500+ | Blended families, trusts, business | None if specialist used |
| Online will service | $0 – $200 | Very simple estates | Execution errors; no legal advice |
| DIY (printed kit) | $20 – $50 | Very simple estates | High — drafting and execution errors common |
| Intestacy (no will) | $0 upfront | Nobody | Estate distributed under Queensland intestacy rules — may not match your wishes |
The cost of a lawyer-drafted will is minor compared to the legal fees your estate could face if a DIY will is contested or declared invalid — court proceedings in Queensland’s Supreme Court typically cost tens of thousands of dollars.
What Happens If You Die Without a Valid Will in Queensland
If your will is invalid — or if you don’t have one — you are treated as having died intestate under Queensland law. The Succession Act 1981 (Qld) sets out a strict order of priority for who receives your estate: spouse or de facto partner first, then children, then other relatives. This statutory formula may not reflect your actual wishes, and certain people you would want to benefit (e.g. a long-term partner in an unregistered relationship, a step-child, a close friend) may receive nothing.
Frequently Asked Questions
Can I write my own will in Queensland?
Yes — Queensland law does not require a lawyer. However, your will must comply with the formal requirements of the Succession Act 1981 (Qld) to be valid. Execution errors are the most common reason DIY wills fail.
How much does a lawyer charge to write a will in Queensland?
A simple will typically costs $300–$600. A will with a testamentary trust or complex provisions may cost $800–$2,500 or more depending on the complexity and the firm. Many Queensland estate lawyers offer fixed-fee will packages.
Is a handwritten will valid in Queensland?
A fully handwritten (holographic) will is not automatically valid in Queensland under the standard rules — it still requires two witnesses. However, Queensland courts can admit an informal document (including a handwritten note) as a valid will if they are satisfied it expresses the deceased’s testamentary intentions, but this requires a court application and is never guaranteed.
Do online wills hold up in court in Queensland?
An online will is legally valid in Queensland if it meets all formal execution requirements — it is signed at the end and witnessed correctly by two adults who are not beneficiaries. The risk is not the medium (online vs paper) but whether the execution was done properly and whether the will adequately covers your circumstances.
Key Take-Aways
- No Queensland law requires you to use a lawyer to make a will, but professional advice is strongly recommended for anything beyond a very simple estate.
- The leading risks with DIY wills are execution errors (wrong witnesses, not signed at the end) and inadequate provisions for complex situations.
- A lawyer-drafted will costs $300–$600 for a simple will — a small price compared to the cost of a contested estate.
- If you have a blended family, business interests, testamentary trust requirements, or concerns about family provision claims, a Queensland estate lawyer is essential.
- Dying without a valid will means Queensland’s intestacy rules determine who gets your estate — which may not match your wishes.
Related Resources
Making a Legally Valid Will in Queensland
- How to Make a Legally Valid Will in Queensland — step-by-step guide to the formal requirements under the Succession Act 1981 (Qld)
Queensland Inheritance Law
- Inheritance Law in Queensland Explained — overview of wills, intestacy, probate, and family provision law in Queensland
Online Wills
- Are Online Wills Valid in Queensland? — legal requirements, risks, and when an online will is appropriate
Sources
- Succession Act 1981 (Qld) — legislation.qld.gov.au
- Queensland Courts — Estate matters and probate
- Queensland Law Society — qls.com.au