For many Aboriginal peoples and Torres Strait Islander peoples in Queensland, a Will is more than legal paperwork – it is about making sure loved ones are cared for and heirlooms are treasured.
A survey by Queensland Public Trustee (QPT) revealed that Aboriginal peoples and Torres Strait Islander peoples were much more likely than other Queenslanders to have made a Will after experiencing a loved one’s death. Aboriginal peoples and Torres Strait Islander peoples also had a stronger focus on items passed down by older generations and were significantly more likely to think naming a trusted person to care for their children was a top reason for making a Will.
Samay Zhouand, the Public Trustee of Queensland, said responses to QPT’s survey indicated that Aboriginal peoples and Torres Strait Islander peoples were particularly motivated to use end-of-life planning to continue to tell their family’s story.
“Few of us enjoy planning for own death but taking the opportunity to preserve the past and care for the future is empowering and that’s something Aboriginal peoples and Torres Strait Islander peoples with Wills have clearly embraced,” Mr Zhouand said.
QPT surveyed more than 1,000 adults, including a representative sample of Aboriginal peoples and Torres Strait Islander peoples, across Queensland in March 2025 to get their take on Wills and other life planning documents such as enduring powers of attorney and Advance Health Directives (AHD).
45% of Aboriginal peoples and Torres Strait Islander peoples have a Will
QPT’s survey found Aboriginal peoples and Torres Strait Islander peoples were considerably more likely to have an AHD than other Queenslanders and equally likely to have a Will and an enduring power of attorney.
An enduring power of attorney gives a chosen person the legal authority to make decisions on an individual’s behalf. This authority is cancelled when the individual dies. An AHD communicates an individual’s wishes directly to medical treatment providers if that person is unable to communicate their wishes regarding medical treatment. A Will sets out how an individual’s assets will be distributed after they die.
“Aboriginal peoples and Torres Strait Islander peoples are planning for the future even while feeling more time-pressured and less comfortable when it came to thinking about the future,” Mr Zhouand said.
The following table shows the percentage of all survey respondents that said they had such documents. Source: Queensland Public Trustee
Document | Aboriginal peoples and Torres Strait Islander peoples | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
Enduring power of attorney | 32% | 31% |
Advance Health Directive | 25% | 13% |
Will | 45% | 47% |
The following table shows the net percentage of survey respondents – with and without Wills – that agreed with the statements. Source: Queensland Public Trustee
Statement | Aboriginal peoples and Torres Strait Islander peoples in Queensland | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
I am confident in my ability to manage my finances | 53% | 58% |
I often find I don’t have time to think ahead | 34% | 27% |
I don’t like to think about the future too much | 37% | 29% |
I could benefit from more financial literacy education | 77% | 44% |
I’m usually trusting of government services | 28% | 38% |
Family motivates Aboriginal peoples and Torres Strait Islander peoples to make a Will
Aboriginal peoples and Torres Strait Islander peoples were substantially more likely than other Queenslanders to have made a Will because they had dealt with a loved one’s death, including where a family member passed away without a Will.
“Our research also found that all Aboriginal peoples and Torres Strait Islander peoples, including those without a Will, were more strongly motivated to make a Will to appoint someone to take care of their children,” Mr Zhouand said. “Leaving instructions for what happened to digital assets such as photos and documents, and donating to a charity or cause important to them, were also unusually strong drivers for Will-making.”
The following table shows the percentage of survey respondents with a Will that selected the statement as the main prompt for them to have made a Will. Source: Queensland Public Trustee
Statement | Aboriginal peoples and Torres Strait Islander peoples | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
Had a previous experience with someone else’s Will (e.g., was an executor, had a family member pass away without a Will) | 36% | 9% |
Diagnosed with a medical condition or illness | 17% | 7% |
I turned 18 | 19% | 6% |
Saw advertising about Will-making | 15% | 6% |
The following table shows the percentage of survey respondents – with and without Wills – that agreed the statement would strongly encourage them to make or update a Will. Source: Queensland Public Trustee
Statement | Aboriginal peoples and Torres Strait Islander peoples | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
Appointing someone to take care of your children under 18 | 34% | 26% |
Leaving instructions for digital assets | 33% | 22% |
Donating assets to a charity or cause that’s important to you | 22% | 15% |
Mr Zhouand said the division of a deceased estate was a common cause of family disputes, especially when the person died intestate or the family structure was complex. ‘Intestate’ is the word for dying without a valid Will.
“Making a Will, keeping it updated and talking to your loved ones about what’s in it can help everyone understand that you’ve thought carefully about how your money and belongings will be shared between them,” he said. “A Will can also ease your family’s stress after you pass away by ensuring they have access to your money and know how you want to be farewelled.”
The following shows the net percentage of survey respondents – with and without Wills – that agreed with the statements. Source: Queensland Public Trustee
Statement | Aboriginal peoples and Torres Strait Islander peoples | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
I’d value being left family heirlooms in a Will more than money or large assets | 60% | 41% |
I’d be happy if my parents skipped me and left their estate to their grandchildren | 49% | 36% |
I’d be angry with a family member if I thought they unfairly benefitted from a Will | 44% | 36% |
A Will has caused significant conflict or a serious rift in my immediate or extended family | 47% | 34% |
More than half of all Queensland adults do not have a Will
The Public Trustee said the number of Queenslanders overall with end-of-life documents in place was encouraging but there were still gains to be made.
“While it’s fantastic that almost half of all Queensland adults have a Will, obviously that means more than half have not,” Mr Zhouand said. “Our research indicated there were some misbeliefs about Wills that might cause Aboriginal peoples and Torres Strait Islander peoples in particular to put off planning for later life.
“Wills aren’t just for wealthy people, people who have dependents and people who don’t have close family that knows what they’d want. Almost everyone has belongings that are important to them or friends they’d like to leave something to remember them by, but without a Will, there’s a risk those wishes won’t be honoured because legislation called the Succession Act 1981 will determine who gets their assets.”
The following table shows the net percentage of survey respondents – with and without Wills – that agreed with the stated misconceptions about Wills. Source: Queensland Public Trustee.
Statement | Aboriginal peoples and Torres Strait Islander peoples | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
A Will isn’t necessary if your family or loved ones are aware of your wishes. | 31% | 14% |
A Will isn’t necessary if you don’t have family or dependents | 28% | 15% |
A Will isn’t necessary if you don’t have any assets | 23% | 17% |
The following table shows the net percentage of survey respondents – with and without Wills – that agreed with the stated misconceptions about what happens when a person dies without a Will. Source: Queensland Public Trustee.
Statement | Aboriginal peoples and Torres Strait Islander peoples | Non-Aboriginal peoples and non-Torres Strait Islander peoples |
|---|---|---|
Their closest living family member would automatically receive all their assets | 39% | 29% |
Their assets are automatically taken by the government | 25% | 18% |
Their assets are automatically donated to charity | 18% | 7% |
How to make a Will in Queensland
The Public Trustee said a solicitor should be the first port of call when considering making or updating a Will.
“Alternatively, QPT makes Wills at no cost for all Queenslanders, and we want Aboriginal peoples and Torres Strait Islander peoples to know this service is here for them,” he said.
QPT’s Customers First Strategy means its Will-makers are ready to support cultural traditions, including burials, Sorry Business and the inheritance of items with cultural value, such as artwork and ceremonial items.
“After you’ve made your Will, it’s important to remember to consider updating your Will whenever you have a big life change, such as getting married, having a baby or buying or selling property.”
More information on Wills is available on this website. Call 1300 360 044 for a Will-making appointment or go to the About Us section on QPT’s website to submit an online form to request a Will-making appointment. Call 1800 512 451 for help interpreting QPT webpages.