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Wills

Myths about wills

There are many common myths about making and keeping a will, and you should know what the reality is.

I do not need one

If I pass away, everything will automatically go to my spouse or partner

This is not always so. If you pass away without a valid will, you will be found to be ‘intestate’.

Under Queensland law, a formula applies for how your assets are divided without a will. Your personal circumstances at the time of your passing could see your estate go to your:

  • spouse or partner
  • children
  • grandchildren
  • parents
  • siblings (your brothers and sisters)
  • nieces and nephews
  • grandparents
  • uncles and aunts

Making a valid will is the only reliable way to ensure your estate goes to the family and friends you want it to after you pass away.

I don’t have any assets, so I don’t need a will

In Queensland your estate must be properly administered when you pass away. Even if you do not think your estate is worth much, you should make a will. Having a valid and up-to-date will is the only reliable way to ensure that your estate, whatever it might be worth, goes to those you have chosen.

Your estate might actually turn out to be worth more than you think.

Most people have superannuation and superannuation funds often include life insurance which can turn out to be worth quite a bit of money. Your superannuation, including any life insurance, may be paid to your estate if you pass away. It would then have to be distributed.

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 family and friends uncertainty and stress.

You will also save the extra legal costs that might have to be paid to finalise your estate.

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

The Public Trustee has 16 offices across Queensland. It is easy to make your will with them and you can make changes to it at any of their regional offices.

If you do not live near one of the Public Trustee’s regional offices, they can still help you to make a will through their outreach services.

They can also store your will securely, free of charge.

Find out more about the Public Trustee’s will-making service.

Costs

Making a will is expensive

You can make your will with the Public Trustee for free.

Find out more about the Public Trustee’s will-making service and make an appointment.

I have already got one

I made my will years ago, so I don’t need to update it now

Significant life events can affect your will. Events that can affect your will include:

  • marriage
  • starting a de facto relationship or a civil partnership (previously called a registered relationship)
  • separation and divorce, or the end of a de facto relationship or civil partnership (previously called a registered relationship)
  • the birth of a child, grandchild or other person you wish to include as a beneficiary in your will
  • the death or incapacity of a family member or friend named as a beneficiary, executor, trustee or guardian in your will
  • retirement
  • a change in assets or financial circumstances.

You should review your will regularly (at least every 3–5 years), and update it when things change to make sure it is valid and continues to reflect your wishes.

I will just write something myself

I can write my own will using a kit or write a note about what I want to happen

Be cautious if you are using a do-it-yourself will kit or writing your own will. If you do not make your will properly or do not have it witnessed correctly, a court decision might be needed to sort out the problem.

A note outlining your wishes may not be recognised as a legally valid will (unless a court decides that it should be).

There can be additional costs, delay and stress for your family and friends dealing with incorrectly prepared wills or notes outlining your wishes.