When should I make a Will

Wills FAQ

What is a Will and why do I need one?

Preparing a Will is essential. Leaving a clear guide of how you want your assets distributed by your chosen Executor/s is cost efficient and may avoid lengthy court battles over “who gets what”. It’s your opportunity to have your say in how your affairs are managed after you die.

A Will also provides you with the opportunity to name guardians for your children, establish a trust or donate to charity through an organisation such as the Queensland Community Foundation.

Are you aware that it is a free service to make a Will with the Public Trustee of Queensland?

Where should I keep my Will?

A Will should be kept in a safe place, i.e. safety deposit box, locked filing cabinet, together with your other personal papers. Making a Will with The Public Trustee means there is no risk of your Will being lost or destroyed because we keep the original in safe deposit at no charge. We have over one million Wills in safe storage in our atmospherically controlled Wills bunker.

How often should my Will be revised or updated?

Making or altering your Will is particularly important when life circumstances change. We recommend you review your Will every three to five years to ensure that it still reflects your wishes. For example, it may be necessary to change your Will if any of the following occur:

  • Marriage or civil partnership
  • Separation
  • Divorce or termination of a civil partnership
  • Enter into a de facto relationship
  • Ending a de facto relationship
  • Birth of children or grandchildren
  • Death of your executor or a beneficiary
  • Change in your financial circumstances

If I get married, divorced, enter or terminate a civil partnership or end a de facto relationship - does that affect my Will?

It is important to note that your Will is revoked or cancelled if you get married or enter a civil partnership (except for gifts to your husband, wife or civil partner or appointment of that person as executor), unless it is made in contemplation of marriage or the civil partnership. Divorce, termination of a civil partnership or the ending of a de facto relationship revokes any gift in the Will to the former spouse or appointment of the former spouse as executor, unless there is a contrary intention in the Will.

What does the Public Trustee charge to make a Will?

The Public Trustee offers a free, Will-making service to all Queenslanders who are aged 18 or over.

How do I make an appointment to make a Will or update my Will?

To make an appointment to have your Will made free of charge at the Public Trustee phone 1300 360 044 or you can also visit our website: www.pt.qld.gov.au

Assistance is available for people who are vision or hearing impaired or who need an interpreter. Under special circumstances our Will-makers may visit your home, nursing home or hospital.

You can also contact the Queensland Law Society to find out the location of your local solicitor.

Does the Public Trustee sell my property?

If the Public Trustee is Executor of your estate consultation is held with the beneficiaries to seek their instructions regarding the disposal of the property. Beneficiaries may take a transfer of the property or they may request the Public Trustee to auction the property.

The auction would be conducted by our qualified team of auctioneers and the reserve is set by the beneficiaries.

You can sign up to receive our property alerts and find out about properties for sale.

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