Frequently asked questions—Wills

A beneficiary is a person or an organisation such as charity who is named in your Will to receive a gift or benefit from your estate. This could be in the form of money or your things such as sentimental items or something like a property that you own.

A Will is still valid without an executor. However, we recommend having an executor as they will oversee that your Will is carried out in line with your wishes. You can find out more about the role of an executor here.

In Queensland, a Will must be in writing, signed and dated in the presence of two witnesses over 18 years of age. A witness should not be someone who benefits from your Will.

Yes, a Will can be cancelled when it is replaced by a new Will. The new Will should have a statement which cancels all previous Wills. You can cancel a Will by completing a document which states that you cancel the Will. This document should be signed and witnessed like a Will. If you just cancel it, you won’t have a current Will, so it is best to complete a new Will before cancelling any previous ones.

A Will can be cancelled completely or partly when your circumstances change such as getting married or divorced. In either of these situations, you should consider changing or updating your Will. Find out more about when you should consider changing or updating your Will.

If your circumstances change, you should make a new Will. You should not write those changes on your original Will document. Any alterations or writing on the Will document can cause problems when you pass away.

Even if you think you don’t have much to put in a Will, it’s still important to make one as there may be things you should include that you are not aware of. Find out more about what can go into a Will here.

If you engage a professional to make your Will, they will generally charge a fee. You can contact your local solicitor to find out how much it may cost. Queensland Public Trustee can help you make a Will at no cost. There is generally a cost for a self-made Will kit, but you may be able to pick one up free of charge. There are numerous Will kits available online or at service outlets such as newsagencies or Australia Post.

Writing a Will yourself or using a Will kit can be risky because it may not be properly signed and witnessed, or the wording may not achieve what you want. The Will itself or the meaning of the Will could be challenged due to not being prepared accurately or witnessed correctly. This may mean your wishes are not carried out as you intended or the Will itself may be invalid.

Writing a Will is your choice. It is illegal to force someone to write a Will. If someone is forcing you to write a Will, you can get information about the advice and support that can be provided to you.

No. A Will is not the way to make your wishes known for organ donation. To donate your organs, you need to register with the Australian Organ Donor Register.

This is not always the case and your estate can be distributed in line with the Succession Act 1981. This Queensland Act sets out who benefits from an estate in Queensland if the deceased has not made a Will. Therefore, the only way you can be sure that your wishes are followed is by having a legal Will in place.

The laws around Wills and deceased estates vary from country to country. If you own assets overseas, you should consider making a Will that meets the legal requirements of that country. You might also want to check with a lawyer in that country where the assets are owned about what is best for you. If you have a Will to deal with those assets in another country, the Will you make for assets in Australia should state that it only deals with your assets here.

What happens to your data and digital accounts when you die depends on the policies of each individual provider/organisation and the steps you have taken before your death to allow access for your next of kin. For example, if you have funds in digital accounts like cryptocurrency and bitcoin or financial value associated to points based online programs like Qantas Frequent Flyers, you could contact the provider to understand the policies they have in place for after the event of your death. With regard to personal social media accounts and assets like photos, you could research and discuss with friends and family how you would like this to be handled. More information about digital assets here.

The Will-making appointment is based on preparing your individual Will. Most couples do come and make their Wills together. Generally, we do not recommend anyone apart from your spouse coming into the interview. If you had other people present in the interview, your Will may be challenged due to their presence and possible influence on you. This situation could result in the Will being invalid.

No, you do not need to have decided who your executor will be. We can offer you information based on your situation to help you decide who to choose. It would be a good idea to think about who you would appoint as executor, and you may even discuss that with them before making your Will.

Yes. Queensland Public Trustee can make a new Will for you catering for any changes you would like to make. This service is free of charge.