Queensland Public Trustee’s latest research about Wills and enduring power of attorney shows that less than 50% of Queenslanders aged 40 to 60 have a Will. Among those without a Will, almost 70% say they intend to make one but have not done so yet (QPT Wills and EPA research, conducted through Verian, 2025).

Why do you need a Will?

A Will helps make sure your wishes are known and the people you care about are looked after you die. Everyone over the age of 18 years can and should have a Will in place.

If you die without a Will, it is called dying intestate. When you die intestate, the Succession Act 1981 (Qld) says who will benefit from your estate. The Act follows a line of relationships for those who benefit starting with your spouse and children. This can extend as far as first cousins and may not recognise other important relationships, such as stepchildren or other people you consider family.

Having a Will lets you choose who gets your estate. It helps to make sure your wishes are followed and they are not dictated by the law.

Do you need a new Will?

Have you had a major life change recently? If so, it may be time to update your Will. Some life events can cancel your existing Will. If you die before making a new one, you may die without a valid Will. This means your estate will be distributed according to the law, not your wishes.

Life changes or significant events also have the potential to make your existing Will less clear. This can make it harder for your executor when they are administering your estate.  Also, if your Will is unclear, your loved ones may disagree about what you wanted.

As your life changes, your Will should too. Often, the best way to ensure it reflects your current wishes is to make a new Will, even if most of the content remains the same.

It’s best to speak to a solicitor for personalised information on whether you should make a new Will. Alternatively, Queensland Public Trustee can make a new Will for you. Contact us by calling 1300 360 044.

The following documents are available to download and read:

What major life changes can impact a Will?

Life changes can affect whether your Will is still right for you. While some events, such as marriage, require a new Will, others are a good reminder to review your wishes. Below are some common life changes to consider.

Divorce

Divorce can affect your Will, it’s a good idea to make a new Will after a divorce so it reflects your current wishes.

Separation

Separation does not automatically change your Will. If you no longer want your former partner included in your Will, you may need to make a new one.

Marriage or civil partnership

Getting married or entering a civil partnership usually cancels your Will, unless it was made in contemplation of getting married. It is therefore best to make a new Will.

Otherwise, your estate may be distributed according to Intestacy law instead of your wishes.

New relationship

Under the Succession Act 1981, a de facto partner of two or more years is considered your spouse, in the same way your marriage partner or civil partner is your spouse. But determining if a relationship is a de facto relationship isn’t straightforward so it may be worth considering a new Will.

Acquiring or offloading assets

If your Will doesn’t reflect your financial situation when you die, it can cause confusion and disagreements among your loved ones. This may lead to delays, legal costs and court action to determine how your estate is distributed.

Family matters

If certain family members, including stepchildren, feel they have been left out of your Will or not fairly provided for they may be able to make a legal claim for a share of the estate.

These claims can be costly and may reduce the amount available to beneficiaries.

If you have a child or grandchild, adopt a child or if you become part of a blended family, it’s a good idea to review your Will to make sure it reflects your current family circumstances.

If you have lent money to family members, it can be helpful to include details in your Will about whether you expect those loans to be repaid. You may also want to explain whether any gifts or financial support you provided during your lifetime influenced how you have chosen to divide your estate. This can help make your wishes clearer and reduce the risk of disputes.

Death of an executor

Your Will should name at least one executor to carry out your wishes.

If your executor dies or is unable or unwilling to act, someone may need to apply to the court to manage your estate instead.

This can cause delays and increase costs, meaning it may take longer for your estate to be distributed.

Therefore, consider appointing an alternate executor in case your first choice dies before you or declines to fulfil the role of executor.

Death of a beneficiary

If a beneficiary named in your Will dies before you, it can create confusion about who should receive their share of your estate. Including clear instructions in your Will can help avoid disputes and ensure your wishes are followed.

Relocating to a new state or territory

Moving to another state or territory can affect how your Will works as the laws are not the same across Australia. If you move, it’s a good idea to review your Will and consider making a new one to ensure it still reflects your wishes and works the way you intended.

Changes to superannuation or insurance

Your Superannuation doesn’t usually automatically form part of your estate when you die. When thinking about how you want your super to be distributed, consider the information from your superannuation fund on how to nominate beneficiaries and what might happen to your super when you die.

You may be able to nominate your Super to be paid to your estate when you die. If you do, you may wish to update your Will to reflect this.

How often should you review your Will

Your Will is a personal document. Changes in your life can affect whether it still reflects your wishes.

Changes in your relationships, finances or family situation may mean your Will needs updating. For example, you may receive an inheritance, your beneficiaries may change, or changes in the law could affect how your estate is managed.

Reviewing your Will every 3 to 5 years could help ensure it continues to reflect your wishes, relationships and financial circumstances.

Act now

If you want to make a Will or have a Will but you feel your circumstances have changed, contact your solicitor, succession law practitioner or Queensland Public Trustee to make or update your Will today.

Help support Wills Week 2026

Help us spread the word about our Wills Week 2026.

We've created a range of promotional material you can download and share with your stakeholders and networks.

During Wills Week we will also hold a Matters of Trust webinar targeted at Community members to spread awareness of QPT, Wills, enduring power of attorneys and the role of executors.

Register now and take advantage of this valuable opportunity to learn more about protecting your wishes, planning for the future, and supporting your loved ones.

Register to the Matters of Trust webinar

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Last updated: 30 July 2026