Why Gold Coast Families Need a Valid Will

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.

The Gold Coast has experienced significant population growth and property value increases in recent years. Whether you own a beachfront apartment in Surfers Paradise, a family home in Robina, or investment properties across the region, proper estate planning is essential to protect your assets and your loved ones.

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 Gold Coast 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
  • Residuary estate provisions
  • Legally valid execution with proper witnessing

Couple Wills ($799)

Our couple wills package includes everything in the single will service for both partners, with coordinated estate planning to ensure your wills work together. This is ideal for married couples and de facto partners who want to plan their estates together.

Complex Estate Planning

For Gold Coast clients with more complex situations, we offer tailored estate planning services including testamentary trusts for tax efficiency and asset protection, business succession planning, blended family provisions, and strategies to minimise the risk of estate litigation.

Estate Planning Gold Coast: Beyond Just Wills

While a will is the foundation of estate planning, comprehensive protection requires additional documents. Our Gold Coast solicitors can assist you with a complete estate plan including:

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, and the superannuation trustee may make decisions that don't align with your intentions.

What Makes a Valid Will in Queensland?

Under Queensland law, for a will to be valid it must meet several legal requirements:

  • In writing: Queensland does not recognise oral wills except in limited circumstances
  • Signed: You must sign at the end of the document, or have someone sign on your behalf in your presence and at your direction
  • Witnessed: Two witnesses must be present at the same time when you sign, and they must also sign the will
  • Testamentary capacity: You must understand what you're doing and the effect of the will
  • 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 Will Mistakes to Avoid

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. Estate litigation arising from poorly drafted DIY wills often costs families far more than proper legal advice would have cost 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, potentially costing your beneficiaries thousands in unnecessary tax.

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

Free Consultation

Discuss your family situation, assets, and wishes via phone.

2

Fixed Fee Quote

Receive your transparent, fixed-fee quote with no hidden costs.

3

Take Instructions

Detailed phone consultation to capture your complete instructions.

4

Professional Drafting

We prepare your will based on your specific instructions.

5

Draft Will Sent

We explain key clauses and make any adjustments needed.

6

Sign & Witness

Final execution with proper witnessing to ensure validity.

When Should You Update Your 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 succession planning opportunities

Public Trustee vs Private Will Lawyers

The Queensland Public Trustee offers a free will-making service, but this service has significant limitations. The Public Trustee requires that they be appointed as executor, and they charge substantial fees (up to 6% of the estate value) when administering the deceased estate.

For most people, paying for professional legal advice upfront from private solicitors results in substantial savings and better outcomes for beneficiaries. Our $599 will service provides personalised advice and flexibility in choosing your executor without ongoing fees or obligations.

Protecting Gold Coast Families

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 disputes.

Business Succession

If you own a business on the Gold Coast, 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.

Serving All Gold Coast Areas

Our lawyers provide wills and estate planning services to clients throughout the Gold Coast region, including Southport, Robina, Surfers Paradise, Broadbeach, Nerang, Helensvale, Ormeau, Coomera, Coolangatta, Burleigh Heads, and all surrounding suburbs.

While our main offices are in Brisbane and the Sunshine Coast, we offer phone consultations, making it convenient for Gold Coast residents to access our services. Clients can also visit our Milton office for in-person appointments.