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Making a Will in QLD: The 2026 Guide by Accredited Specialists
Planning for the future is more than just a legal requirement; it is an act of care for those you leave behind. Whether you are in Brisbane, the Gold Coast, or the Sunshine Coast, understanding the intricacies of making a Will ensures that your assets will be allocated based on your preferences, rather than default […]
Making a Will in QLD: The 2026 Guide by Accredited Specialists
Planning for the future is more than just a legal requirement; it is an act of care for those you leave behind. Whether you are in Brisbane, the Gold Coast, or the Sunshine Coast, understanding the intricacies of making a Will ensures that your assets will be allocated based on your preferences, rather than default state guidelines.
At Family Law Aylward Game Solicitors, our team, led by Kauri Burgess, an Accredited Specialist in Wills and Estates, combines decades of experience to guide you through the complexities of Queensland estate law. This guide provides a comprehensive look at how to secure your family’s future.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Do I need a lawyer to make a will in Australia?
While you are not legally required to use a lawyer, it is highly recommended. DIY kits often lead to informal wills that can be easily challenged in court. A solicitor ensures your Will meets the strict requirements of the Succession Act 1981 (QLD), minimising the risk of expensive litigation for your family later.
What are the 4 types of wills?
- Formal Will: A written document signed by you and two witnesses.
- Informal Will: A document that doesn’t meet all legal requirements but may be accepted by a court if intent is proven.
- Statutory Will: Created by the court for someone who lacks the mental capacity to make one themselves.
- Mutual Wills: Binding agreements between two people (usually spouses) not to change their Wills without the other’s consent.
What are common will making mistakes?
Common errors include failing to update the Will after marriage or divorce, failing to appoint a back-up executor, failing to account for digital assets, and having a beneficiary act as a witness (which can void their inheritance).
What is the easiest way to make a will?
The easiest way isn’t always the safest. While you can make a will online, the most secure option is to consult an expert like Kauri Burgess. We streamline the process by coordinating with your financial planners and accountants to ensure a holistic approach.
What is a Last Will and Testament?
A last will and testament is a legal document that outlines how your assets (your estate) should be managed and distributed after your death. It also names an executor, the person responsible for carrying out your instructions, and can nominate guardians for minor children.
Why You Need a Will
If you die without a Will (known as dying Intestate), your assets are distributed according to the Succession Act 1981 (QLD). This may result in your estate going to people you didn’t intend to benefit, while leaving loved ones unprovided for.
Estate Planning vs. Just Making a Will
A Will is a single component. Estate planning is a broader strategy that includes Powers of Attorney, Superannuation binding nominations & Trust management.
| Feature | Just making a Will | Estate Planning |
| Active Period | Only after your death. | During life and after death. |
| Scope | Personal assets only. | Assets, Trusts, Super, & Health. |
| Incapacity | No protection provided. | Includes Power of Attorney/Guardianship. |
| Tax Strategy | Minimal focus. | Optimised (e.g., Testamentary Trusts). |
At Aylward Game Solicitors, Kauri Burgess ensures your plan covers both your legacy and your current security.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
The Core Components of a Valid Will
When making a will QLD, there are several critical factors you must address to ensure the document stands up in the Supreme Court.
- Identifying Your Assets: This includes real estate in Brisbane or interstate, bank accounts, shares, and even sentimental items.
- Beneficiaries: Clearly naming who will inherit. This can include family, friends, or charitable organisations.
- Choosing an Executor: This person handles the probate process. They should be someone trustworthy, organised, and ideally younger than you.
- Guardianship: If you have children under 18, your Will is the only place you can legally nominate who should care for them.
How to make a will and testament that is legally binding?
Under Section 10 of the Succession Act 1981 (QLD), for a Will to be valid in Queensland, it must:
- Be in writing (typed or handwritten).
- Be signed by the testator (you) or by someone else in your presence and at your direction.
- Be witnessed by at least two people who are present at the same time you sign.
The Step-by-Step Process
- Initial Consultation: Meet with Kauri Burgess at our Brisbane, Gold Coast, or Sunshine Coast offices to discuss your family dynamics.
- Drafting: We prepare a draft based on your specific instructions.
- Review & Execution: You review the document, and we facilitate the formal signing ceremony to ensure all legalities are met.
Updated New Australian Estate Laws 2026
As of 2026, the most significant updates in Australian estate law focus on Digital Assets and Family Provision reforms. The Corporations Amendment (Digital Assets Framework) Bill 2025 now mandates that digital asset platforms (crypto/NFTs) follow strict custodial standards, making it easier for executors to identify and manage these as legal “property” in your Will.
Additionally, following the Succession Act 2023 reforms (effective 2025/2026), the testator’s wishes are now the primary consideration for courts in QLD and SA, making it harder for estranged relatives to contest a Will. These updates enhance your Topical Authority by addressing modern asset portfolios and stricter litigation standards.
Cost of making a will with a lawyer
As of 2026, the cost of making a will with a lawyer in Brisbane and across Queensland typically follows a fixed-fee structure for standard documents. For a simple single Will, you can expect to pay between $500 and $1,200, while Mirror Wills for couples generally range from $800 to $1,800.
If your estate is complex, involving testamentary trusts, business structures, or blended family provisions, fees often start at $2,500 and can exceed $5,000. While DIY kits are cheaper, investing in a solicitor like Kauri Burgess at Aylward Game Solicitors ensures your Will complies with the Succession Act 1981 (QLD), significantly reducing the risk of costly family provision claims or probate delays that can drain an estate’s value by tens of thousands of dollars later.
Advanced Estate Planning & Protecting Assets
As a modern firm, Aylward Game Solicitors addresses complex family structures, including de facto and Same Sex couples, as well as Grandparents’ rights.
- Powers of Attorney (POA): We strongly advise creating an Enduring Power of Attorney. This enables a designated individual to manage your financial and healthcare decisions if you become unable to do so yourself.
- Testamentary Trusts: These can be established in your Will to provide tax benefits and protect assets from a beneficiary’s creditors or in the event of a relationship breakdown.
- International Assets: If you own property in another country, international wills or specific local legal advice is required to avoid your assets being frozen.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Post-Will Maintenance & Probate
When to Update Your Will
Life changes, and your Will should too. You should review your Will every 3–5 years or whenever a Life Event occurs, such as:
- Marriage or entering a de facto relationship (Marriage usually revokes an existing Will).
- Divorce or separation.
- Birth or adoption of children/grandchildren.
- The death of a nominated executor or beneficiary.
Safe Storage & Custody
A Will is useless if it cannot be found. We offer secure custody of a will service, ensuring your original documents are safe from fire, theft, or loss, and are easily accessible to your executor when the time comes.
Challenging a Will
In Queensland, eligible persons (spouses, children, or dependents) can make a Family Provision Application if they feel they haven’t been adequately provided for. Kauri Burgess specialises in Estate Disputes, helping to draft Wills that are challenge-proof or representing estates when a claim is made.
Frequently Asked Questions (FAQs)
How much does making a will cost?
The cost of making a will depends on its complexity. A simple Will is relatively inexpensive, whereas a complex estate with trusts requires more detailed work. Contact us at 07 3236 0001 for a tailored quote.
Can I make a will online in Australia?
Yes, you can make a will online, but these often lack the nuance required for complex family situations (like blended families or business owners). They frequently fail the validity test in the Supreme Court of Queensland.
What is Probate?
Probate is a court order that confirms the Will is valid and gives the executor the legal right to deal with the assets. We assist executors through every step of the probate process.
Does a Will cover my Superannuation?
Generally, no. Superannuation is governed by the fund’s trust deed. You must make a Binding Death Benefit Nomination to ensure your Super goes to the right person.
Is a Will made in NSW valid in QLD?
Yes, generally, a Will made in another Australian state is recognised in QLD, provided it was validly executed in that state. However, laws regarding Family Provision differ slightly between states.
What is an Enduring Guardianship?
This document appoints someone to make lifestyle and medical decisions for you if you become unable to do so yourself.
Can a beneficiary be an executor?
Yes, it is very common for a main beneficiary (such as a spouse or an adult child) to also serve as the executor.
What if I lose my Will?
If the original cannot be found, the court may presume you destroyed it with the intention of revoking it. This is why our secure storage service is vital.
Protect Your Rights, Preserve Your Peace
Contact Our Accredited Family Law Specialists.
Why Choose Aylward Game Solicitors?
Choosing Aylward Game Solicitors means choosing peace of mind. Kauri Burgess and our legal team provide a holistic approach, collaborating with your financial advisors to ensure your Wills & Estate Planning is seamless.
With locations in Brisbane, Gold Coast, and the Sunshine Coast, we are your local experts in:
Ready to make your will? Don’t leave your legacy to chance. Contact the experts who understand the local Queensland landscape.
Contact Aylward Game Solicitors today to schedule a consultation for Family Law services
Phone: 07 3236 0001
Locations: Brisbane | Gold Coast | Sunshine Coast
Don’t leave the future to chance. Visit this page to discover everything you need to know about Wills and Estate Planning
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