Many Queenslanders have a will — or at least, they think they do. The problem is that a handwritten note, an online template, or a will kit bought at the post office may not be as legally sound as the person who made it believed.
Under section 10 of the Succession Act 1981 (Qld), a valid will must be in writing, signed by the will-maker, and witnessed by two adults present at the same time. A will that doesn’t meet these requirements isn’t automatically accepted — it becomes an informal will, and the family is left to bear the consequences. While the Queensland Supreme Court has a dispensing power under section 18 of the Act to recognise informal wills in limited circumstances, relying on that power means a court application, additional legal costs, delays, and no guarantee of success — all at the worst possible time for a grieving family.
The risks are compounded in situations involving blended families, business assets, guardianship of children, or unclear drafting — precisely the circumstances where getting it right matters most, and where a generic template is least likely to hold up.
In this episode of the Big Law Podcast, Director Sylvia Lopez explains what Queensland law requires for a will to be formally valid, where DIY wills most commonly fall short, and why reviewing your will after every major life event isn’t optional — it’s essential.
Whether you have a will that needs reviewing or you’re making one for the first time, the team at Big Law can help you get it right.
