What Do I Need to Make a Will?

General information only. This article explains what you need to prepare before making a will in Queensland; it is not legal advice. For advice about your situation, speak with a qualified Queensland estate lawyer.

Making a will is one of the most important things you can do for the people you love, yet many people put it off because they are unsure what is actually involved. The good news is that a valid will does not have to be complicated — but it does need to meet a few legal requirements, and it goes much more smoothly when you have gathered the right information first. This guide walks through both: the practical information to prepare, and the legal essentials a Queensland will must satisfy under the Succession Act 1981 (Qld).

Some people also want their will to provide for younger relatives in a structured way. For more on this, see our guide to leaving assets to grandchildren, including trust options.

Key Takeaways

• A valid Queensland will must be in writing, signed by you, and signed before at least two witnesses present at the same time (Succession Act 1981 (Qld), s 10). In practice, always use two independent adult witnesses who receive nothing under the will.
• You must be at least 18 and have testamentary capacity — broadly, you understand what a will does, what you own, and who might expect to benefit (s 9 sets the minimum age).
• Before you draft, gather a picture of your assets and liabilities, a list of beneficiaries, and your choice of executor (and a backup).
• Avoid having a beneficiary or their spouse witness the will — the gift to an interested witness can be void (s 11), subject to limited exceptions.
• Think about guardians for minor children, digital assets, and any specific gifts before your appointment so nothing is missed.

The legal essentials: what makes a will valid in Queensland

Before looking at what to prepare, it helps to know the legal bar your will must clear. Under section 10 of the Succession Act 1981 (Qld), a will must be in writing and signed by you (the testator), and your signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time. Those witnesses must then sign in your presence. The witnesses do not need to read the will or know its contents — they are only confirming they saw you sign. The Act does not expressly require your witnesses to be adults or independent, but using two independent adults who receive nothing under the will is essential best practice and avoids later argument.

You also need legal capacity. Section 9 sets the minimum age at 18, with narrow exceptions — for example, a will made in contemplation of marriage, a will made by a married minor, or a will the court authorises a minor to make under section 19. Beyond age, you need testamentary capacity: broadly, you understand that you are making a will and its effect, you know the general nature and extent of your property, and you can weigh the claims of those who might expect to benefit. If capacity is later doubted, a will can be challenged — see our guide on testamentary capacity disputes in Queensland.

One practical trap worth flagging early: choose your witnesses carefully. Under section 11, if a beneficiary witnesses the will, a gift to that witness — or to a person claiming under them — may be void to that extent, unless an exception applies. As a safeguard, do not use a beneficiary, their spouse or partner, or anyone closely connected to a beneficiary as a witness. For the full rules, see who can witness a will in Queensland. If the strict signing requirements are not met, the Supreme Court may still recognise an informal document as a will under section 18, but that is costly and uncertain — far better to get it right the first time.

What to gather before you begin

The single biggest thing that slows down will-making is missing information. Spending an hour pulling the following together will make drafting faster, cheaper, and far less stressful.

1. A clear picture of your assets and liabilities

Start by listing everything you own and everything you owe. A complete picture helps you allocate your estate sensibly and makes your executor’s job far easier. Typical items include:

• Real estate — the family home, investment properties, and any holiday or rural land.
• Financial accounts and investments — bank accounts, term deposits, shares, managed funds, and bonds.
• Superannuation and life insurance — note that these often pass outside your will via nominations, so they need separate attention.
• Personal property — vehicles, jewellery, collectibles, art, and family heirlooms.
• Digital assets — cryptocurrency, online accounts, domain names, and intellectual property. These are easy to overlook; our guide on digital assets in estate planning explains how to handle them.
• Debts and liabilities — mortgages, personal or car loans, credit cards, and any business liabilities.

A note on superannuation: your super (and any attached life insurance) is generally not automatically covered by your will. It is usually paid according to a binding or non-binding death benefit nomination made with your fund. Reviewing those nominations at the same time as your will avoids a common and expensive mismatch.

2. Existing documents to bring together

Your will does not sit in isolation. Gathering the following helps ensure your estate plan is consistent and that nothing important is missed or contradicted:

• Any previous will or codicil — your new will should clearly revoke earlier ones.
• Enduring power of attorney — keep it consistent with your will and your intentions.
• Superannuation death benefit nominations and life insurance nominations — these usually control who receives those assets, not your will.
• Trust deeds or company documents — assets held in a family trust or company are generally not controlled by your will.
• Property title details — whether real estate is held as joint tenants (passes by survivorship) or tenants in common (can pass under your will) makes a real difference.
• Any binding financial agreement or separation agreement — relevant if you have separated or re-partnered.

3. A list of beneficiaries and their details

Decide who should inherit and in what shares. Beneficiaries commonly include a spouse or partner, children, other relatives, close friends, and charities. For each, record their full legal name and, ideally, current contact details — this reduces the risk of ambiguity if two family members share a name. Where a beneficiary is a minor, think about who will manage the inheritance until they reach an age you choose, and whether you want any conditions attached. Families with young children may find our guide on estate planning for young families useful.

It is also worth thinking about who you are not providing for, and why. In Queensland, certain people (such as a spouse, child, or dependant) may be able to bring a family provision claim if they feel inadequately provided for. Being deliberate about your reasons — and recording them — can help.

Two things people often overlook here. First, decide who receives the residue of your estate — everything left after debts, expenses and specific gifts. This is the most important gift of all: without a clear residuary clause, anything not specifically given away (or any gift that fails) can pass under the intestacy rules as a partial intestacy, meaning the law rather than you decides where it goes. Second, name backup beneficiaries: for each major gift, decide what should happen if that person dies before you. A substitute prevents the gift failing and falling into intestacy — the same logic as naming a substitute executor.

4. Your choice of executor (and a backup)

Your executor is the person who carries out your wishes: gathering assets, paying debts, applying for probate if needed, and distributing the estate. Choose someone who is trustworthy, organised, and willing to take on the role, and always name at least one substitute in case your first choice cannot act. An executor can be a beneficiary — that is common with a spouse or adult child — and understanding the job helps you choose well. See the role of an executor in Queensland for what the role actually involves.

5. Guardians, specific gifts, and special wishes

If you have children under 18, name a guardian you trust to care for them. List any specific gifts (a particular sum, a piece of jewellery, a vehicle) separately from the residue of your estate, so your intentions are clear. You may also wish to note funeral or burial preferences, and any charitable gifts.

A quick preparation checklist

What passes under your will — and what doesn’t

One of the most common and costly misunderstandings is assuming a will controls everything you own. It does not. Some assets pass outside your will entirely, which is why reviewing your nominations matters as much as the will itself.

Do you need a lawyer?

You can make a valid will yourself, and simple estates are sometimes handled with a will kit or template. But DIY wills are also the source of many avoidable disputes — unclear wording, invalid signing, or gifts that fail. If your situation involves a blended family, a business, property in more than one place, or anyone who might contest, professional advice is well worth it. Compare the options in Queensland will templates: pros and cons and do you need a lawyer to make a will, and see the pitfalls to avoid in common will drafting errors in Queensland.

Signing and storing your will

When it is time to sign, arrange for you and both witnesses to be together, in genuine line of sight. Sign first, then have each witness sign while you and the other witness watch. Do not use a beneficiary or their spouse as a witness. Never remove staples from your signed will, and do not pin, clip, or attach anything to it. Marks or staple holes can lead the Supreme Court registry to assume a document was once attached and is now missing, which can force your executor to file an affidavit of plight and condition (a Form 111) to explain — a costly, avoidable delay (a solicitor can confirm the current form reference). Once signed, store the original somewhere safe and tell your executor where it is — a will that cannot be found can cause the same problems as no will at all. For the complete step-by-step process, see how to make a legally valid will in Queensland and the national overview in how to make a will in Australia.

Keeping your will up to date

A will is not a set-and-forget document. Review it after major life events — marriage, entering or ending a civil partnership, divorce or separation, the end of a de facto relationship, a new child or grandchild, buying or selling significant assets, or the death of a beneficiary or executor. In Queensland, marriage or entering a civil partnership can revoke a will (or parts of it), while divorce or the ending of a civil partnership or de facto relationship can cancel gifts and appointments in favour of a former partner. Because the precise effect depends on your circumstances, review your will promptly after any relationship change and confirm the position with a solicitor. Failing to update is one of the common estate planning mistakes, and it is easily avoided. Above all, having any valid will is far better than none — dying without a will means the law, not you, decides who inherits.

Understanding testamentary capacity in more detail

Capacity is worth understanding properly, because it is one of the most common grounds on which wills are challenged. The classic test asks whether, at the time of making the will, you understand the nature and effect of a will, are aware of the general extent of your property, and can appreciate the claims of the people who might reasonably expect to be provided for — without any disorder of the mind distorting those judgements. Capacity is assessed at the moment of signing, so a diagnosis such as early dementia does not automatically prevent someone from making a valid will, provided they have a lucid understanding when they sign. Where there is any doubt — for example, an elderly or unwell testator — it is wise to have a medical practitioner assess and record capacity at the time, and for the will to be prepared by a solicitor who documents the process. This kind of evidence is exactly what courts look for in capacity disputes.

Common situations that need extra thought

Some circumstances add complexity and are worth flagging before you start, because they change what you need to prepare:

• Blended families. If you have children from a previous relationship as well as a current partner, balancing everyone’s interests takes care, and these arrangements are more likely to be contested. Clear drafting and, often, professional advice are important.
• Business owners. If you own a business or an interest in one, consider how it should pass, whether a succession plan or buy-sell arrangement exists, and how business debts are handled.
• Assets in more than one state or country. Property held interstate or overseas can be governed by different rules, and may need coordinated planning.
• Beneficiaries with special needs. Where a beneficiary receives a disability pension or needs ongoing support, a direct gift can do more harm than good; a protective trust structure may be more appropriate.
• Someone you expect might contest. If you anticipate a family provision claim, being deliberate and well-advised about your reasons can strengthen your estate’s position.

None of these should discourage you from making a will — they are simply reasons to prepare a little more, and sometimes to get help.

Getting help

Preparing to make a will is mostly about gathering information and thinking carefully about your wishes. Once you have your assets, beneficiaries, executor, and witnesses sorted, the drafting itself is usually straightforward. If your circumstances are more complex, or you simply want peace of mind that your will is valid and will hold up, a qualified Queensland estate lawyer can guide you through the process.