Will myths

If I die everything will automatically be given to my husband/wife or partner.

This is not always the case; if you die without a Will you are found to be intestate. The Queensland intestacy laws have a formula for the distribution of assets from deceased estates where people have died without a valid Will. This distribution can include children, as well as spouses.

By making a Will now, you can prevent considerable confusion in the future.

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

The Queensland intestacy laws require all deceased estates to be properly administered. Even if you think your estate is not worth a lot, it is still important you make a Will.

Your estate might be worth more than you think

Most people have personal possessions and superannuation. The superannuation may form part of their estate and by law this requires distribution.

Additionally, when people die accidentally there may be substantial sums of money from insurance payouts that form part of their estate.

Everyone over the age of 18 needs a valid Will that outlines how they would like their estate distributed.

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.

Why risk dying without a valid Will, when we can make your Will for free?

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 can potentially be involved to finalise an estate where a person has died 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.

By making a Will 100% free of charge you could be saving your loved ones money, as well as stress and uncertainty in the future.

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

Life events such as divorce, birth of a child, marriage, entering a defacto relationship, death of a spouse or partner, or death of beneficiary, can all impact your Will.

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

At the Public Trustee it’s 100% free to update your Will.

We consider it so important that your Will is current, we won’t charge you to update your Will, no matter how many times you need to amend it.

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

We have a network of regional offices across Queensland. So it’s easy to make your Will with us and you can update it at any of our regional offices.

If you don’t live in one of our regional areas we also have an extensive network of QGAP agents, courthouses and some Centrelink offices that can assist.

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. Some people also believe that ticking their driver's licence many years ago is still valid. This is no longer the case. The Australian Organ Donor Register is now the only place to record your donation decision.

Every year, the generosity of Queenslanders saves over 300 lives, from very young babies to grandparents. 

If you would accept a life-saving transplant to save your own or a loved one's life, please consider becoming an organ and tissue donor. You can register your wishes online in less than two minutes at www.donatelife.gov.au

Last published: 15/05/2019 3:54:19 AM