What is a beneficiary?

A beneficiary is a person or other legal entity that benefits from your Will. They receive gifts as specified in your Will.

What is an Executor?

An Executor is a person or organisation named in your Will to carry out your wishes after your death. Your Executor needs to carry out certain duties, including (but not limited to) paying all your debts and taxes before distributing your belongings to your beneficiaries as specified in your Will.

What is an Enduring Power of Attorney (EPA)?

An EPA is a legal document that allows you to appoint someone you trust to make decisions for you during your lifetime if you no longer have the capacity to do so. An EPA usually takes effect when you lose capacity to manage your own affairs and can be temporary or permanent.

What makes a Will legal?

In Queensland, a Will must be in writing, signed and dated in the presence of two witnesses over 18-years of age. Your witnesses should not also be beneficiaries or be related to a beneficiary named in your Will.

What can I put in my Will?

What you put in your Will is up to you! If you make your Will with a solicitor or the Queensland Public Trustee, you can ask questions to help you decide what is best for your circumstances. Writing a Will gives you a peace of mind and the opportunity to provide care for your pets; express your wishes about your funeral arrangements; give money to charity or philanthropic organisations; leave instructions for your digital accounts; and name guardians for your children.

Can I leave my estate to my pet?

You cannot leave money or property to your pet as they are not capable of inheriting money or property under Queensland law. However, you can detail who you want to take care of your pet in your Will, along with a pecuniary legacy (a cash amount) to help care for your pet.

Can I use my Will to record my wishes for organ donation?

Organ donation operates to very tight timeframes – within hours of a person passing. So, your Will is not the right place to tell your loved ones whether you would like to be an organ donor. The Australian Organ Register records your decision to donate.

I did my Will with the Queensland Public Trustee – do I have to appoint the Public Trustee as the Executor?

An Executor is who you nominate in your Will to finalise (administer) your estate when you die. An Executor is responsible for completing a variety of tasks when managing your estate. It’s up to you who you would like to nominate as Executor in your Will. You can choose one or more people to be your Executor including trusted friends and family, a solicitor or the Queensland Public Trustee.

I have a question about Will making. Who can I ask?

Your local solicitor or a succession law specialist can answer any questions you may have. You can find a solicitor near you using the Queensland Law Society’s ‘Find a Solicitor’ tool. You can also contact the Queensland Public Trustee with general enquiries relating to this subject. To chat with us, phone 1300 360 044.

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Last published: 31/08/2023 3:02:25 AM