Wills
Making a will is one of the most important legal steps you’ll ever take. It guarantees your assets are distributed according to your wishes and that your loved ones are protected after you’re gone. Yet many Queenslanders delay making a will, leaving their families vulnerable to uncertainty and unnecessary stress.
Hefferan & Co. Solicitors can guide you in creating your will with clear, plain-English advice on your decisions, ensuring your will reflects your wishes and complies with Queensland’s Succession Act 1981.
Wills & Estate Planning
A will is a legal document that enables specified people (your executors) to distribute your assets according to your wishes when you die. Your assets include your home, investment properties, vehicles, bank accounts, superannuation, shares, and personal belongings.
Your will sets out which beneficiary receives which asset—whether family members, friends, or charities. If you have young children, your will can also appoint a legal guardian to care for them, giving you peace of mind they’ll be looked after by someone you trust. to you—giving you peace of mind that they’ll be looked after by someone you trust.
What Happens If You Die Without a Will (Intestate)?
If you don’t have a will when you die, you lose control over how your assets are distributed. Instead, your estate is divided according to a rigid legal formula under Queensland’s intestacy rules, which may not reflect your actual wishes.
The consequences of dying intestate can include:
No control in who benefits: Your assets are distributed according to a fixed hierarchy of relatives, regardless of your relationships or who you wanted to support.
Unintended outcomes for children: Minor children or other dependants may not receive the protection or financial support you would have chosen for them.
Wrong person in control: Your estate may be administered by someone you wouldn’t have selected as executor, potentially causing family conflict and poor decision-making.
Assets going to the government: If you have no surviving relatives under the intestacy rules, your assets could ultimately go to the Queensland Government.
For these reasons, it’s wise to make a will. Any person over eighteen years of age and of sound mind can make a valid will in Queensland.
Legal Requirements for a Valid Will in Queensland
For your will to be legally valid under the Succession Act 1981 (Qld), it must meet specific requirements:
Age and capacity: You must be at least 18 years old and of sound mind, understanding what you’re doing and the effect of your decisions.
Written and signed: Your will must be in writing and signed by you with the intention of executing the will.
Properly witnessed: Your signature must be made or acknowledged in the presence of at least two witnesses who are present at the same time, who then sign in your presence
Independent witnesses: Witnesses should not be beneficiaries or married to beneficiaries, as this can affect the validity of gifts to them.
When You Must Update Your Will
Life changes, and your will should change with it. Under Queensland law, certain events automatically affect or even revoke your will.
Marriage Revokes Your Existing Will
Marriage automatically revokes any will you made before getting married, unless that will was specifically made in contemplation of that particular marriage. This means if you marry without updating your will, you could die intestate.
Action required: Make a new will immediately after getting married to ensure your spouse is properly provided for.
Divorce Affects Your Will
Unless your will states otherwise, divorce automatically revokes any provision benefiting your former spouse, including their appointment as executor, trustee, or guardian.
The ending of a de facto relationship or civil partnership has the same effect as divorce under Queensland law—automatically revoking provisions in favour of your former partner.
Action required: Review and update your will after divorce or separation to reflect your current circumstances.
Other Life Changes Requiring Updates
You should also review your will when:
- Children are born or adopted
- You acquire or sell significant assets
- Beneficiaries or executors die or become unable to act
- Your relationships change significantly
- You move interstate or overseas
What Should Be Included in Your Will?
A comprehensive will protects your family’s interests. At Hefferan & Co. Solicitors, we help you address:
Appointment of executors: Choose someone trustworthy and organised to administer your estate—collecting assets, paying debts, and distributing to beneficiaries.
Distribution of your estate: Specify who receives what, whether specific gifts or shares of your residual estate.
Guardianship of children: Appoint trusted guardians for minor children, preventing court intervention.
Testamentary trusts: Establish trusts for tax efficiency or to protect vulnerable beneficiaries.
Funeral wishes: Include your preferences to help your family honour your wishes.
Why Choose Us for Your Will?
- Trusted Local Experts Since 1993 - Our two Brisbane southside offices have served the Queensland community for over 30 years, helping thousands of families protect their loved ones through properly drafted wills.
- Genuine Care and Personal Service - Our solicitors live locally and genuinely care about your family's future. We provide patient, friendly guidance without legal jargon.
- Free Initial Phone Consultation - We offer a completely free initial phone consultation to discuss your situation and understand how we can help before any commitment.
- Fixed-Fee Pricing - We provide a written, up-front estimate that doesn't change. No hidden charges or surprise fees.
- Fast, Efficient Service - We are committed to completing your will within two weeks of receiving instructions, giving you peace of mind.
Get Expert Legal Advice from HEFFERAN & CO
Don’t leave your loved ones’ future to chance. Whether you’re making your first will, updating an outdated one, or planning for complex circumstances, Hefferan & Co. Solicitors is here to help.
Creating a will is an act of love – protecting your family from stress, disputes, and financial uncertainty. Make sure your wishes are clear, legally valid, and enforceable under Queensland law.
Contact Hefferan & Co. Solicitors today for your free consultation and fixed-price estimate. Let us help you secure your family’s future with a professionally drafted will.