Making a Will in Queensland
Everything you need to know about creating a legally valid Will in QLD under the Succession Act 1981 (Qld).
Quick Facts — QLD
Legislation
Succession Act 1981 (Qld)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Solicitor Cost
$500–$1,200
Will Requirements in QLD
Under the Succession Act 1981 (Qld), a Will is legally valid in Queensland when the following requirements are met:
Witnessing Rules in QLD
Two independent adult witnesses must be present together when the testator signs. Both witnesses must sign in the presence of the testator. Witnesses should not be beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage automatically revokes an existing Will unless made in contemplation of that specific marriage.
Effect of Divorce
Divorce revokes provisions for the former spouse. Gifts and executor appointments to the former spouse are treated as if the former spouse had predeceased.
Informal Wills in QLD
Section 18 of the Succession Act 1981 provides broad discretion to admit informal documents expressing testamentary intentions. Queensland more readily recognises holographic (handwritten) Wills than some other states.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in QLD
Under Part 4 of the Succession Act, eligible claimants are more restricted than in NSW or Victoria. Only spouses (including de facto), children of any age, and dependants can claim — not stepchildren or members of the household unless they meet the dependency test.
Unique Considerations for QLD
- More restrictive family provision claimant classes than NSW or Victoria
- Queensland more readily recognises holographic (handwritten) Wills
- Section 18 provides broad discretion for informal documents
- Strong recognition of de facto partners including same-sex relationships
Cost of Making a Will in QLD
Traditional Solicitor
$500–$1,200
One-off, per revision
ezyWill
$99/year
Unlimited updates included
How to Create Your Will in QLD
Sign Up Free
Create your free ezyWill account. No credit card required.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Succession Act 1981 (Qld).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in QLD. Both witnesses must also sign.
Frequently Asked Questions — QLD
Is an online Will legally valid in Queensland?
Yes. Under the Succession Act 1981, a Will is valid in Queensland when it is in writing, signed by the testator in the presence of two witnesses, and both witnesses sign in the testator's presence. Whether the Will was created online or by a solicitor does not affect its validity.
What happens if I die without a Will in Queensland?
If you die intestate in Queensland, the Succession Act 1981 dictates distribution. Your spouse typically receives your personal effects and the first $150,000 of the estate, plus a share of the remainder depending on whether there are surviving children.
Who can contest a Will in Queensland?
Queensland has more restrictive family provision rules than other states. Only spouses (including de facto), children (of any age), and dependants can make a claim. Stepchildren and members of the household cannot claim unless they meet a strict dependency test.
Are handwritten Wills valid in Queensland?
Queensland more readily recognises holographic (handwritten) Wills than some other states. Under Section 18, the court has broad discretion to admit informal documents, including handwritten notes, if satisfied they represent the deceased's testamentary intentions. However, a properly witnessed Will is always preferable.
Does marriage cancel my Will in Queensland?
Yes. Marriage automatically revokes your existing Will in Queensland unless the Will was specifically made in contemplation of that marriage. Always create a new Will after getting married.
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