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Will myths

If I die, everything will automatically be given to my spouse

This is not always the case; if you die without a Will, your estate is distributed in line with the Succession Act, which specifies a formula for how assets are distributed.

A valid Will is the only way of ensuring your estate goes to who you choose.

Find out more about what happens if you die without a Will.

I don’t have any assets, so I don’t need to make a Will

Under Queensland law, all deceased estates must be properly administered. Having a Will makes your estate easier (and cheaper) to administer. Even if you think your estate is not worth a lot, it is still important that you make a Will. Insurance payouts (if you have an accident) and superannuation may make your estate worth more than you think.

I can just write my own Will using a kit or a note about what I want to happen

Be cautious if you are using a do-it-yourself Will kit. You may not prepare your Will accurately or have it witnessed correctly.

This can result in a Will being challenged in court due to confusion about your wishes.

While leaving behind a note or homemade Will might outline what you’d prefer to happen, this type of document may not be legally recognised.

The costs to prove this document as your last Will, may be substantially greater than usual.

I won’t be around, so I don’t need to think about it

By taking time to make a Will (usually no more than an hour) you can save your next of kin uncertainty and stress. You will also save on the extra legal costs that may be involved to finalise your estate if you die without a Will.

Making a Will is expensive

The Public Trustee can make your Will for free, so there’s absolutely no cost to you.

Additionally, if you die without a Will there may be extra legal and administration costs to finalise your affairs.

I made my Will years ago so I don’t need to update it now

Events such as divorce, birth of a child, marriage, entering a de facto relationship, death of a spouse or partner, or death of beneficiary, can all affect your Will.

A Will should be a part of your life’s journey; it needs updating as your life changes.

Whenever you need to, you can update your Will for free at the public Trustee (and for simple changes, we offer express appointments).

I move around with my job too much to make a Will—who knows where I’ll be when it’s needed?

We have offices across Queensland, so it’s easy to make or update your Will.

I can donate my organs and tissues in my Will

Your Will is not the place to record your donation decision because the timeframe to donate organs is within hours of death.

The Australian Organ Donor Register is now the only place to record your donation decision.

More information

Last published: 27/03/2023 9:53:31 PM