Why You Need a Valid Will in Brisbane

Creating a will is one of the most important steps in protecting your family and ensuring your wishes are honoured after you pass away. Without a valid will, Queensland's intestacy laws determine how your estate is distributed, which may not align with your intentions.

A properly drafted will gives you control over who inherits your property, who cares for your minor children, and who manages your estate. It can also minimise family disputes and reduce the time and cost involved in estate administration.

What Happens If You Die Without a Will in Queensland?

If you die without a valid will in Queensland, your estate is distributed according to intestacy laws. Your spouse may not automatically inherit everything, and your children's inheritance may be held in trust until they turn 18. Intestacy can create complications, delays, and family disputes that could have been easily avoided with a will. Learn more about dying without a will in Queensland.

Our Brisbane Will Services

Single Wills ($599)

Our single will service includes:

  • Comprehensive consultation to understand your wishes and family situation
  • Professional will drafting tailored to your circumstances
  • Appointment of executors and guardians for minor children
  • Distribution of your estate according to your instructions
  • Specific gifts and bequests
  • Residuary estate provisions
  • Legally valid execution with proper witnessing

Couple Wills ($799)

Our couple will package offers exceptional value for partners who want to plan together:

  • Two comprehensive wills for you and your partner
  • Coordinated estate planning to maximise benefits
  • Mirror wills or independent provisions as you prefer
  • Testamentary trust provisions available
  • Guardianship arrangements for children
  • All the benefits of single wills for both parties

Complex Estate Planning

For more complex situations, we offer comprehensive estate planning services including:

  • Testamentary trusts for asset protection and tax minimisation
  • Business succession planning
  • Blended family arrangements
  • Disability provisions and special needs trusts
  • Charitable bequests
  • Superannuation death benefit nominations

How Our Brisbane Will Service Works

Getting a professionally drafted will doesn't need to be complicated. Our Brisbane will lawyers have streamlined the process to make it simple, affordable, and stress-free. Here's exactly what happens when you choose us for your will drafting needs.

Step 1: Telephone Consultation (30-45 Minutes)

We start with a detailed consultation to understand your family situation, assets, and wishes. During this meeting, we'll discuss who you want to benefit from your estate, who should be your executor, who should look after any minor children (guardians) and any specific wishes you have for asset distribution.

Step 2: Will Drafting

Our experienced will lawyers draft your will based on your instructions. We ensure it complies with Queensland legal requirements, clearly expresses your intentions, and minimizes the risk of disputes or challenges.

Step 3: Review and Refinement

We send you a draft of your will to review. You can request changes or clarifications—there's no rush. We want you to be completely comfortable with every provision. Most Brisbane clients finalize their will within one week of the initial consultation, though we're flexible if you need more time to consider your decisions.

Step 4: Signing and Witnessing

Once you're happy with the will, we arrange proper execution. This means signing in front of two independent witnesses who aren't beneficiaries. We provide clear instructions and review the witnessed will, or can coordinate this at our office for an additional fee. Proper execution is crucial—an improperly signed will may be invalid.

Total timeline: Most Brisbane wills are completed within 7-10 days from initial consultation to final execution. Need it faster? We offer expedited service for urgent situations.

Types of Wills We Draft in Brisbane

Not all wills are created equal. Our Brisbane will lawyers prepare different types of wills to suit your specific circumstances and estate planning goals.

Simple Wills ($599 Individual / $799 Couples)

Best for straightforward estates with clear beneficiaries and uncomplicated asset distribution. A simple will typically names your executor, specifies who receives your assets, and appoints guardians for minor children if applicable. Most Brisbane residents choose this option.

Mirror Wills for Couples ($799)

Designed for married or de facto couples who want to leave everything to each other, then to the same beneficiaries. Mirror wills save time and money while ensuring both partners have consistent estate plans. Popular with Brisbane couples who own property together or have children from the same relationship.

Testamentary Trust Wills

For Brisbane families concerned about asset protection, tax minimization, or providing for vulnerable beneficiaries. A testamentary trust will creates a trust upon your death, offering benefits like managing funds for young beneficiaries, supporting children with disabilities or protecting inheritances from relationship breakdowns (on this last point - note the Family Court of Australia may happily tear through it to give spousal maintenance or child support.

Blended Family Wills

Specifically designed for couples with children from previous relationships. These wills require careful drafting to balance the interests of your current partner with ensuring your children ultimately benefit from your estate. Blended family situations are particularly prone to disputes—professional legal advice is essential.

Business Succession Wills

If you own a business in Brisbane, your will needs special provisions for business succession. We ensure your business interests transfer smoothly while minimizing tax implications and avoiding disruption to ongoing operations.

Not sure which type you need? During your free consultation, we'll recommend the best will structure for your circumstances. You don't need to decide before speaking with us.

Why Choose Will and Estate Lawyers for Your Brisbane Will?

Fixed-Fee Transparency

We believe in upfront, honest pricing. Our fixed fees mean you know exactly what you'll pay with no hidden costs or hourly billing surprises. What we quote is what you pay.

Experienced Queensland Lawyers

Our legal team specialises in wills and estate planning under Queensland law. We understand the specific requirements for valid wills in Brisbane and throughout Queensland, ensuring your will meets all legal formalities.

Personalised Service

We take the time to understand your unique family situation, assets, and wishes. Every will is tailored to your specific circumstances, not a one-size-fits-all template.

Convenient Brisbane Locations

With offices in Milton and Sunshine Coast, we serve clients throughout greater Brisbane. We also offer flexible appointment times to suit your schedule, including evening and weekend appointments when needed.

Ongoing Support

Your life circumstances change, and your will should too. We provide ongoing advice about when you should update your will and make the update process simple and affordable.

What Makes a Will Valid in Queensland?

For a will to be legally valid in Queensland, it must meet specific requirements under the Succession Act 1981:

  • In writing: Wills must be in written form (typed or handwritten)
  • Signed by you: You must sign the will at the end of the document
  • Witnessed properly: Two independent witnesses must be present when you sign, and they must also sign the will
  • Testamentary capacity: You must be of sound mind and understand what you're doing
  • Free from undue influence: You must be making the will voluntarily without pressure or coercion
  • Clear intention: The document must clearly intend to be your will

While DIY wills and will kits are available, they often fail to meet these technical requirements or don't account for your specific circumstances. An incorrectly executed will can be challenged or declared invalid, leaving your estate subject to intestacy laws.

Common Mistakes to Avoid with Brisbane Wills

Using Will Kits Without Legal Advice

Will kits might seem cost-effective, but they frequently result in invalid wills or don't properly address complex family situations. The cost of fixing problems after death far exceeds the cost of proper legal advice upfront.

Not Updating Your Will

Major life events require will updates. Marriage automatically revokes a will in Queensland unless it was made "in contemplation of marriage." Divorce doesn't automatically revoke gifts to ex-spouses. Children are born, assets change, and executors may become unsuitable. Review your will every 3-5 years or after significant life changes.

Choosing the Wrong Executor

Your executor manages your entire estate, pays debts, and distributes assets. Choose someone trustworthy, organised, and capable of handling financial matters. Consider appointing alternate executors in case your first choice can't serve. Learn more about whether an executor can be a beneficiary.

Not Considering Testamentary Trusts

For estates over $500,000 or families with minor children, testamentary trusts can provide significant tax advantages and asset protection. Many DIY wills don't include these provisions.

Failing to Account for Digital Assets

Modern estates include digital assets like cryptocurrency, online businesses, social media accounts, and digital photos. Your will should address how these are accessed and distributed.

The Will Drafting Process

1. Initial Consultation

We start with a comprehensive consultation to understand your family situation, assets, and wishes. This can be done in person at our Milton or Sunshine Coast office, or via phone or video call for your convenience.

2. Professional Drafting

Our experienced lawyers draft your will based on your instructions, ensuring it's legally valid and clearly expresses your intentions. We consider tax implications, asset protection, and potential challenges.

3. Review and Explanation

We provide you with a draft for review and carefully explain each provision. We welcome questions and make any necessary adjustments to ensure you're completely satisfied.

4. Execution

We arrange proper execution with independent witnesses, ensuring your will meets all legal requirements. We can arrange witnesses at our office or guide you through the process if you prefer to sign elsewhere.

5. Secure Storage

We provide advice on storing your will safely and ensuring your executor knows where to find it when needed.

When Should You Update Your Brisbane Will?

You should review and potentially update your will when:

  • Marriage or de facto relationship: Marriage revokes previous wills unless made in contemplation of that marriage
  • Divorce or separation: While divorce doesn't automatically revoke a will, you'll likely want to update beneficiaries and executor appointments
  • Birth or adoption of children: Ensure all children are provided for and guardians are appointed
  • Death of a beneficiary or executor: Update to reflect current circumstances
  • Significant asset changes: Buying property, starting a business, or substantial wealth changes
  • Moving states or countries: Different jurisdictions have different laws
  • Changes in relationships: Falling out with nominated executors or beneficiaries
  • Tax law changes: Update to take advantage of new tax planning opportunities

Wills and Estate Planning for Brisbane Families

Protecting Minor Children

If you have children under 18, your will should nominate guardians who will care for them if both parents die. Without this nomination, the Queensland Civil and Administrative Tribunal decides guardianship, which may not align with your wishes.

Consider also establishing testamentary trusts to manage inheritances for minor children, providing tax benefits and asset protection until they're mature enough to manage wealth responsibly.

Blended Family Considerations

Blended families require careful estate planning to balance the needs of current spouses, children from previous relationships, and step-children. We help you create fair arrangements that minimise the risk of family provision claims and estate disputes.

Business Succession

If you own a business, your will should address succession planning. Who will take over the business? Can shares be sold? What happens to business assets and debts? Proper planning ensures business continuity and maximises value for beneficiaries.

Complementary Estate Planning Documents

A will is just one component of comprehensive estate planning. Consider also arranging:

Enduring Power of Attorney

An enduring power of attorney allows someone you trust to make financial and legal decisions on your behalf if you lose capacity due to illness or injury. This prevents the need for costly guardianship applications and ensures your affairs are managed according to your wishes.

Advance Health Directive

An advance health directive (also called a living will) sets out your preferences for medical treatment if you can't communicate your wishes. This provides clarity for medical professionals and family members during difficult times.

Superannuation Nominations

Binding death benefit nominations ensure your superannuation goes to your intended beneficiaries. Without proper nominations, your super may not be distributed as you wish.

Will Lawyers Serving All Brisbane Suburbs

We provide will drafting services throughout Brisbane and surrounding areas. Our Milton office is centrally located near the Brisbane CBD, while our Ashgrove office serves Brisbane's northern suburbs. Clients regularly visit us from:

Inner Brisbane: Fortitude Valley, New Farm, Paddington, Spring Hill, West End, South Brisbane, Milton, Ashgrove, Kelvin Grove, Herston

Northern Suburbs: Chermside, Aspley, Albany Creek, Everton Park, Stafford, Kedron, Wavell Heights, Nundah

Southern Suburbs: Sunnybank, Mount Gravatt, Carindale, Coorparoo, Camp Hill, Carina, Holland Park

Western Suburbs: Indooroopilly, Toowong, Taringa, St Lucia, Kenmore, Chapel Hill, Fig Tree Pocket

Eastern Suburbs: Wynnum, Manly, Capalaba, Morningside, Balmoral, Bulimba, Hamilton

Can't make it to our office? Our consultations where we take your instructions are by telephone anyway. Most clients don't need to visit our Milton office for assisted witnessing.

Frequently Asked Questions About Brisbane Wills

Our Brisbane will lawyers charge $599 for a single will and $799 for couples (mirror wills). This is a fixed fee with no hidden costs—you'll know exactly what you're paying before we start. The market rate in Brisbane typically ranges from $800 to $2,000 or more. We offer transparent, affordable pricing without compromising on quality or personalized service.

DIY will kits can be legally valid in Queensland if properly completed and executed. However, they're risky for several reasons. Will kits don't account for complex family situations, blended families, business interests, or potential challenges. Many of the will disputes we handle in Brisbane involve DIY wills that are ambiguous, improperly witnessed, or don't consider Queensland succession laws. The cost of fixing a problematic will after death far exceeds the $599 cost of having a lawyer draft it properly.

If you die without a valid will in Queensland, you die "intestate" and your estate is distributed according to a fixed formula under the Succession Act. This rarely matches what people actually want. Your spouse may not receive everything, your children's inheritance might be managed by the Public Trustee, and you have no say in who administers your estate. The intestacy rules also don't account for de facto relationships unless certain conditions are met. Having a will ensures your wishes control what happens.

Yes, you can update your will at any time. You should review your will after major life events like marriage, divorce, birth of children, significant asset changes, or relationship breakdowns. In Queensland, marriage automatically revokes your previous will unless it was made in contemplation of that marriage. Divorce doesn't automatically revoke your will, though provisions for your former spouse may be affected.

While Queensland law doesn't require a lawyer to make a will, there are compelling reasons to use one. Lawyers understand potential challenges, succession law requirements, and how to word provisions to avoid ambiguity. We also know common mistakes that lead to disputes. For $599, you get professional advice, a legally sound will, and peace of mind that your estate will be distributed as you intend. If your estate is worth more than a few thousand dollars, professional will drafting is a wise investment.

Most Brisbane clients have their completed will within 7-10 days from initial consultation. The process involves an initial meeting (30-45 minutes), will drafting (24-48 hours), your review, any revisions, and final signing with witnesses. If you need your will urgently, we offer expedited service—some clients complete the entire process within 48 hours when necessary.

Bring a list of your significant assets (property, bank accounts, superannuation, investments), names and addresses of people you want to benefit or appoint as executors, and information about any existing wills or powers of attorney. If you have minor children, consider who you'd want as guardians. Don't worry if you don't have all details—we'll guide you through what's needed during the consultation.

In Queensland, eligible persons (spouse, children, dependents) can make a family provision claim if they believe the will doesn't adequately provide for them. They have 9 months from death to file. While you can't prevent claims entirely, we draft wills to minimize this risk. We can include explanations for your decisions, ensure adequate provision for dependents, and structure your estate to withstand potential challenges. Professional legal advice reduces the chance of successful disputes.

A will takes effect after you die and controls how your assets are distributed. A power of attorney operates while you're alive but unable to make decisions for yourself (due to incapacity, injury, or absence). Most Brisbane clients prepare both documents together as part of comprehensive estate planning. We can arrange both services—wills from $599 and enduring powers of attorney as an add-on.

Brisbane couples should have two separate wills, not one joint will. Queensland law doesn't recognize joint wills. What couples typically want is "mirror wills"—two separate but coordinated wills with similar terms. Our $799 couples package includes two mirror wills that ensure both partners have consistent estate plans while maintaining individual control over their own estates.