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Queensland Estate Planning Guide — 2026
Wills & Estate Planning
in Queensland
Everything you need to understand your estate planning obligations and options under Queensland law — written in plain English by Kate Redman & Associates.
2026 Edition
Author
Kate Redman & Associates
Jurisdiction
Queensland, Australia
Chapter 01
What is estate planning?
Estate planning is the process of arranging how your assets, property, and personal affairs will be managed and distributed after your death — or if you lose capacity during your lifetime.
In Queensland, estate planning typically includes drafting a legally valid Will, appointing an executor, setting up an Enduring Power of Attorney (EPOA) to manage financial and personal decisions if you become incapacitated, and ensuring your superannuation nominations align with your wishes.
It may also include guardianship planning for minor children, the use of testamentary trusts to protect assets for beneficiaries, and regular reviews of your documents when life circumstances change.
- What a complete estate plan includes
A well-rounded estate plan in Queensland typically covers: a legally valid Will, an Enduring Power of Attorney, superannuation death benefit nominations, guardianship arrangements for minor children, testamentary trust considerations, and a regular review schedule tied to life events.
- ✓A legally valid Will drafted to your circumstances
- ✓Appointment of a trusted executor
- ✓Enduring Power of Attorney for incapacity planning
- ✓Superannuation binding death benefit nominations
- ✓Guardianship planning for minor children
- ✓Testamentary trusts for complex asset protection
- ✓Regular reviews after major life events
Chapter 02
Why having a valid Will matters
Having a valid Will allows you to control how your estate is distributed and who is responsible for carrying out your wishes. Without a valid Will, your estate will generally be distributed according to Queensland’s intestacy laws — which may not reflect what you intended.
A properly drafted Will can reduce the risk of disputes, provide clear instructions for your executor, and help streamline the administration of your estate.
It also provides certainty for your family during what is often a difficult time, ensuring that assets are passed on efficiently and in accordance with your instructions rather than default legal rules.
Without a valid Will, Queensland's intestacy laws decide who inherits your estate — not you.
For many Queenslanders, the assumption is that their assets will naturally pass to their spouse or children. While this may happen under intestacy rules in simple cases, modern family structures — blended families, de facto relationships, estrangements — can produce unexpected and unintended results without a clear, valid Will in place.
Chapter 03
What makes a Will valid in Queensland
For a Will to be legally valid in Queensland, it must meet certain requirements under the Succession Act. Getting these right is critical — errors in signing, witnessing, or drafting can create serious problems during probate.
The Will must be in writing, signed by the person making the Will (the testator), and witnessed by two people who are present at the same time. The testator must also have the legal capacity to make the Will and understand the nature and effect of the document.
Must be a written document, not verbal or recorded
- The danger of DIY wills
Errors in signing, witnessing, or drafting — common in DIY Will kits — can create serious problems or invalidate the document entirely. Disputes arising from poorly drafted Wills can cost estates thousands in legal fees and cause significant family conflict. A properly prepared Will is one of the most cost-effective things you can do for your family.
Ensuring the Will is properly prepared and executed can help prevent uncertainty and ensure your estate is administered as intended.
Chapter 04
Dying without a Will — intestacy explained
If a person dies without a valid Will in Queensland, they are said to have died “intestate.” The distribution of their estate is then determined by statutory rules rather than personal wishes.
Typically, a close relative — such as a spouse or adult child — may need to apply to the court for Letters of Administration in order to manage the estate. This process takes time, costs money, and adds stress during an already difficult period.
The intestacy rules determine how assets are divided between spouses, children, and other relatives. While these rules aim to distribute assets fairly, they often do not reflect the unique dynamics of modern families.
- How Queensland intestacy rules work
Under Queensland’s intestacy hierarchy: if you have a spouse and no children, the spouse receives everything. If you have a spouse and children from that relationship, the spouse receives everything. If you have a spouse and children from another relationship, the assets are shared. If you have no spouse, assets pass to children equally.
Chapter 05
Choosing the right executor
Choosing the right executor is a key decision when preparing your Will. The executor carries significant responsibility — and not everyone is suited to the role.
The executor is responsible for administering the estate, which includes locating the Will, applying for probate if necessary, identifying assets and liabilities, paying debts, and distributing assets to beneficiaries.
The person you choose should be trustworthy, organised, and capable of handling financial and administrative tasks. Consider whether they have the temperament to manage family dynamics, especially if your estate is likely to involve competing interests.
- ✓Someone you trust completely with financial matters
- ✓Organised and capable of managing paperwork and deadlines
- ✓Willing and available to take on the role when the time comes
- ✓Able to manage family relationships during a difficult time
- ✓Consider appointing a professional for complex estates
Some people appoint more than one executor so that responsibilities can be shared or to provide balance between family members. In more complex estates, it may be appropriate to appoint a professional — such as a solicitor — to ensure the process is handled efficiently and fairly.
Chapter 06
Estate planning for blended families
Blended families present unique estate planning challenges. When there are children from previous relationships, new spouses, or stepchildren involved, a simple Will may not be enough.
Without careful planning, assets may pass in ways that unintentionally disadvantage certain family members or create disputes. A common scenario: a person leaves everything to their new spouse, with the expectation that the spouse will provide for the children from a previous relationship — only for the spouse to remarry or distribute assets differently after the testator’s death.
Testamentary trusts and carefully structured estate plans can balance the interests of all family members while protecting assets over time.
Structures like testamentary trusts allow you to provide for your current spouse during their lifetime while ensuring your children ultimately receive their inheritance. Life interest provisions, specific bequests, and carefully drafted conditions can all be used to reflect the true complexity of your situation.
Chapter 07
Marriage, divorce & separation
Major life changes such as marriage, divorce, or separation can significantly affect the validity or operation of your Will in Queensland — often in ways people don’t realise until it’s too late.
Marriage generally revokes an existing Will unless the document was specifically made in contemplation of that marriage. This means if you had a Will before marrying and didn’t update it, you may effectively have no valid Will at all.
Divorce or separation can also affect certain provisions, particularly those relating to former spouses.
- Update your Will after every major relationship change
Marriage, separation, and divorce are the three most common triggers for a Will to become invalid or to operate in unintended ways. Review your estate plan immediately after any change in relationship status.
Chapter 08
What if the original signed Will is missing?
Sometimes the original signed Will cannot be located after a person dies. This situation creates uncertainty — but it does not automatically mean the estate must be treated as intestate.
In some circumstances, the Supreme Court of Queensland may accept a copy of the Will if there is sufficient evidence that the document was validly made and reflects the deceased person’s intentions. However, proving the contents and validity of a missing Will can be complex and costly.
The original Will is presumed to have been revoked if it cannot be found — this presumption must be rebutted with evidence.
- Where to store your original Will
Store your original signed Will with your solicitor (recommended), at the Queensland Supreme Court for a small fee, or in a clearly labelled, fireproof location at home — and make sure your executor knows exactly where it is. Never store your Will in a safe deposit box that only you can access.
Chapter 09
Enduring Power of Attorney & incapacity planning
Estate planning is not only about what happens after death. It also involves planning for the possibility of losing capacity during your lifetime — something many people overlook entirely.
An Enduring Power of Attorney (EPOA) allows you to appoint someone you trust to make financial, personal, and sometimes health decisions on your behalf if you are unable to do so. The word “enduring” means it remains valid even after you lose capacity.
Without an EPOA in place, family members may need to apply through formal legal processes — such as applying to QCAT — to obtain authority to manage your affairs.
Where you live, daily care, lifestyle decisions
Chapter 10
Superannuation, business interests & asset structure
Not all assets automatically form part of your estate — and this surprises many people. Understanding how different assets flow is a critical part of estate planning.
Superannuation sits outside your estate until it is paid out. Super funds often require a binding death benefit nomination to ensure the benefits are paid to the intended recipient.
Jointly owned property held as joint tenants passes automatically to the surviving owner by right of survivorship — not through your Will.
Business interests may also require succession planning to determine who will take over ownership or management, and how the transition will be funded.
- ✓Review super binding death benefit nominations regularly — they can expire
- ✓Understand whether your property is held as joint tenants or tenants in common
- ✓Ensure company shareholdings and trusts are covered in your plan
- ✓Consider business succession and funding mechanisms
- ✓Discuss life insurance proceeds and how they interact with your estate
Chapter 11
When should you update your Will?
A Will should be reviewed regularly to ensure it still reflects your wishes and circumstances. Life changes — and your estate plan should change with it.
Many people create a Will once and never revisit it. But an outdated Will can be just as problematic as no Will at all.
- ✓You marry, separate, or divorce
- ✓You have children or grandchildren
- ✓You purchase significant property or assets
- ✓You start or sell a business
- ✓A named executor or beneficiary passes away
- ✓You relocate to a different state
- ✓Your financial circumstances change significantly
- ✓Family dynamics shift — estrangements, new relationships
As a general rule, review your Will every three to five years even in the absence of a major trigger. A brief review with your solicitor can confirm everything is still in order.
Chapter 12
What to do next
If you are ready to put your estate plan in place — or update an existing Will — the most important step is to get proper legal advice tailored to your circumstances.
An experienced estate planning lawyer can guide you through appointing the right executor, preparing a legally valid Will, planning for incapacity, and addressing more complex situations such as blended families or business interests.
At Kate Redman & Associates, we offer fixed fees, mobile appointments across Brisbane, Redlands, and the Sunshine Coast, and a genuinely personal service that explains everything in plain English — without the jargon.
Taking these steps now can help protect your assets and provide clarity and security for your family in the future.
Ready to put your estate plan in place?
Kate Redman & Associates offers fixed-fee estate planning across Brisbane, Redlands, and the Sunshine Coast. Book a free consultation and get your affairs sorted with a team that truly cares.
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