Do I need a Will in Queensland?

Many people assume that Wills and Estate planning are only necessary later in life or once significant assets have been accumulated. Having a valid Will is important for almost every adult in Queensland. A Will ensures your wishes are clearly documented and legally recognised, providing peace of mind for you and certainty for your loved ones. Without one, decisions about your estate are left to the law — not you.

What Is a Will?

A Will is a legal document that sets out how your assets will be distributed when you pass away. It can also specify:

• Who will inherit your property and assets
• Who will act as executor of your estate
• Who will be guardian of your children (if applicable)
• How debts and expenses should be paid

What Happens If I Don’t Have a Will in Queensland?

If you die without a Will, you are said to have died intestate. This means your estate is distributed according to a strict legal formula under Queensland law — regardless of your personal circumstances or intentions.

This can result in outcomes you may not expect, including:

• Your estate being divided in a way you would not have chosen
• Delay and additional stress for your family
• Additional legal costs
• Increased risk of disputes between family members

Importantly, de facto partners, blended families and stepchildren may not be adequately provided for under intestacy rules.

Does Marriage or Divorce Affect My Will?

Yes — significantly.

Marriage generally revokes an existing Will (unless it was made in contemplation of marriage). Divorce automatically removes provisions for a former spouse but leaves the rest of the Will intact.

Who Should Have a Will?

In short — almost everyone over 18 should have a Will, but it is particularly important if you:

• Own property or assets
• Have children or dependants
• Are married, separated or divorced
• Are in a de facto relationship
• Have a blended family
• Own a business or investments
• Wish to leave specific gifts to certain people or charities

Even if your estate is relatively simple, having a Will ensures clarity and avoids uncertainty for those you leave behind.

If your Will is not updated after a major life event, it may no longer reflect your intentions — or worse, it may become partially invalid. A professionally prepared Will helps ensure your estate is protected, your wishes are clear, and your loved ones are not left dealing with unnecessary legal complications.

Can Someone Still Contest My Will?

Yes. Even with a valid Will, certain eligible people — such as spouses, children or dependants — may be able to bring a family provision claim if they believe they were not adequately provided for. That said, having a properly drafted Will significantly reduces the risk of disputes and strengthens your position should a claim arise.

 When Should I Review or Update My Will?

You should review your Will whenever there is a major change in your life, including:

• Marriage or separation
• Divorce
• Birth or adoption of children
• Purchase or sale of property
• Changes to relationships
• Death of a beneficiary or executor

As a general rule, reviewing your Will every 3–5 years is a good practice.

 Need Legal Advice About Your Will?

Our experienced Wills & Estates team can help you prepare, review or update your Will to ensure it is legally sound and tailored to your personal circumstances.

Speak with TPIL today to take the next step in protecting your future.