Skip links and keyboard navigation

Skip to content

Wills


What is a Will?

A Will is a legal document that outlines how you would like your assets (Estate) distributed when you die and appoints the person who will be responsible for the administration of your estate.

The people who receive your Estate are referred to as your beneficiaries.

What if I die without a valid Will?

If you die without a Will, you are said to have died intestate. The Queensland laws of intestacy are outlined in Part 3 of the Succession Act, 1981. This Act sets out the rules for distributing your assets.

Dying without a Will can mean:

  • Your Estate may not be distributed to your beneficiaries in the way that you would wish.
  • You may not have left clear provision for your loved ones and you may be placing an extra burden on them at a time of stress, grief and loss.
  • There may be potential for conflict between the beneficiaries of your Estate.
  • It may take more time and money to finalise your Deceased Estate.

Who needs a Will?

Everyone over 18 who has capacity to make a Will, should make one.

Regardless of the size of your Estate, it’s important to have a valid Will.

A Will is a living document that accompanies you on your life’s journey. Important life stages for updating your Will are:

  • marriage
  • separation or divorce
  • entering a de facto relationship
  • birth of a child or grandchild
  • a change to your assets or financial circumstances
  • death of a spouse or partner
  • a change to a beneficiary (a beneficiary is someone who you would like to have a share of your Estate)
  • retirement
  • natural disasters.

A Will also provides you with the opportunity to:

  • name guardians for your children
  • establish a trust to provide for children
  • establish a trust for a person with a disability
  • ensure preservation of assets
  • give money to charity and philanthropic organisations such as the Queensland Community Foundation. For more information visit www.qcf.org.au

Benefits of making your Will for free with The Public Trustee:

  • we're the largest Will making service in Queensland
  • we're experienced and have been serving Queensland since 1916
  • we provide free and safe document storage
  • we have regional offices conveniently located across Queensland
  • we have a network of QGAP agents, Centrelink Offices and Courthouses that can assist you on our behalf.

How do I make a Will with The Public Trustee?

Our Will making service is 100% free and it’s as easy as making an appointment at one of our 16 offices.

If you don’t live in a region where we have an Office, there may be a local QGAP agent, courthouse or Centrelink Office that can assist you.

We have a range of outreach services across the State. Phone 1300 360 044 for more information.

Please let us know when making your appointment of any requirements for assistance such as an interpreter.

What do I bring to my Will appointment?

  • You must bring some current identification to your Will making appointment.
  • It's not mandatory, but we recommend you list details of any assets such as addresses of property, bank account details or shares held.
  • Names and addresses (if known) of your beneficiaries.