How to Make a Will in Queensland: Requirements, Witnesses and What Happens Next

General information, not legal advice. This guide is our best interpretation of Queensland law as at October 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. If your situation is complex, or you are unsure about anything here, please get legal advice.

This guide explains how to make a valid will if you live in Queensland: who can make one, how it must be signed and witnessed, what can cancel it, and what happens after you die.

Quick Answer

In Queensland, wills are governed by the Succession Act 1981 (Qld). A will must be in writing, signed by you, and witnessed by two witnesses who are present together when you sign (s10). The Act has no procedure for witnessing a will by video, so plan to sign in person. A gift to someone who witnesses your will is generally void unless an exception applies (s11). Marriage generally cancels an existing will unless it was made with that marriage in mind (s14), and divorce or the end of a de facto relationship generally cancels gifts to your former partner (s15, s15B).

Who can make a will in Queensland

You generally need to be 18 or over (Succession Act 1981 (Qld) s9). The main exceptions are that a person under 18 can make a will if they are married, or in contemplation of a marriage (the will has no effect if that marriage does not take place) (s9), or if the Supreme Court authorises a will in terms it approves (s19).

You also need testamentary capacity: you understand that you are making a will, what you own, who might expect to benefit, and the effect of your choices. If there is any doubt about capacity, for example because of illness, a lawyer and a doctor's assessment at the time of signing can help protect the will.

How to sign and witness a will in Queensland

Section 10 of the Succession Act 1981 (Qld) sets out the formal requirements:

1. In writing. Printed or handwritten.
2. Signed by you, or by someone else in your presence and at your direction, with the intention of executing the will.
3. Two witnesses present at the same time when you sign, or when you acknowledge your signature. A person who cannot see and attest that you signed cannot act as a witness (s10(10)). The Act sets no minimum age, but it is best to use adults who could later explain what happened.
4. At least two witnesses sign in your presence. They do not need to sign in front of each other.

Good practice: sign at the end of the will, initial each page, and have the witnesses write their names and addresses. Keep the original somewhere safe and tell your executor where it is.

Witnessing by video

The Succession Act 1981 (Qld) has no procedure for witnessing a will over an audio-visual link. A temporary COVID-19 regulation allowed it, but it is no longer in force. Sign in person, with both witnesses in the room, or get legal advice first.

Who should witness

Choose two independent adults: not beneficiaries, and not their partners. Under section 11, a gift to a person who witnesses your will is generally void as to that person. The gift survives only if at least two other witnesses are not beneficiaries, if everyone who would benefit directly from the gift failing consents in writing (and has the capacity to consent), or if the court is satisfied you knew and approved of the gift and made it freely and voluntarily. Relying on these exceptions adds cost and uncertainty.

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still treat a document as your will if it is satisfied you intended it to be your will (s18). This is a court process, it takes time and money, and it is not guaranteed. It is far better to sign correctly in the first place.

Choosing an executor

Your executor carries out your will: they apply for probate, collect your assets, pay debts and distribute what is left. Choose someone you trust, and name a backup in case they cannot act. An executor can also be a beneficiary. In Queensland the court may authorise payment of remuneration or commission to an executor for their services, as it thinks fit (s68). The Act sets no fixed percentage, and a will can also deal with executor pay.

Guardians for children under 18

In Queensland a parent (or guardian) of a child can appoint a guardian by will (Succession Act 1981 (Qld) s61C). If the other parent survives you, the appointment generally takes effect only when the last surviving parent dies, unless your will shows you intended it to take effect on your death (s61D). The Supreme Court can make orders about the appointment on application (s61G to s61I). Talk to the person first, and consider a backup.

What can cancel or change your will

• Marriage generally revokes your will (s14). The exceptions are a will made in contemplation of that marriage, a will that says it is made in contemplation of marriage generally, and gifts to or appointments of the person you are married to when you die. Entering a registered civil partnership has a similar effect (s14A). Make a new will when you marry.
• Divorce or annulment generally revokes gifts to your former spouse and their appointment as executor, trustee or guardian, unless your will shows a contrary intention (s15). The will then takes effect as if your former spouse had died before you.
• The end of a de facto relationship generally has the same effect on gifts to and appointments of your former de facto partner (s15B), and so does the end of a civil partnership (s15A). Separating from a spouse, without a divorce, does not trigger s15.
• A new will that revokes earlier wills, or a signed and witnessed document declaring that intention (s13).
• Destroying the will with the intention of revoking it (s13).

Review your will after any major life change: marriage, separation, a new child, a death in the family, or buying or selling significant assets.

After you die: probate in Queensland

Your executor usually applies to the Supreme Court of Queensland for a grant of probate, which confirms the will and lets them deal with your assets. Generally, at least 14 days before filing, the applicant must publish a notice of intention to apply for a grant in an approved publication, and give a copy to the Public Trustee at least 7 days before filing (Uniform Civil Procedure Rules 1999 (Qld) r598 and r599).

Some people can make a family provision application if the will does not make adequate provision for their proper maintenance and support (Succession Act 1981 (Qld) s41). Eligible people are a spouse (including a qualifying de facto partner, a civil partner, and some dependent former spouses), children of any age (including adopted children and, generally, stepchildren), and certain dependants who were wholly or substantially supported by you (a parent, the parent of your child under 18, or a person under 18) (s40, s40A). An application generally must be started within nine months after the death, unless the court directs otherwise (s41(8)). An executor with no written notice of an intended claim is generally protected if they distribute from six months after the death (s44).

If you die without a will in Queensland

If you die without a valid will, your estate passes under Part 3 and Schedule 2 of the Succession Act 1981 (Qld). If you leave a spouse and no children or other descendants, your spouse generally takes the whole estate. If you leave a spouse and children, your spouse generally receives $150,000, the household chattels, and one half of the rest (if there is only one child, or the descendants of only one child) or one third (otherwise), and your children share the balance, with the children of a child who died before you taking that child's share (Schedule 2, s36A). A de facto partner generally counts as a spouse only if you had lived together as a couple for a continuous period of at least two years ending on your death (s5AA). If you leave more than one spouse, they share the spouse's entitlement between them (s36). These rules may not match what you would have chosen, which is the main reason to make a will.

Making your will with WillBuddy

WillBuddy asks plain-English questions, one at a time, and drafts a will designed to meet Queensland's requirements. Once you unlock printing, you print it and sign it in person with two independent witnesses as described above; WillBuddy shows you how. A will must be signed and witnessed correctly to be formally valid, and WillBuddy cannot promise that any will is valid. WillBuddy is not a law firm and does not give legal advice, so if you are unsure about anything, or your situation involves a family trust, a business, or someone you plan to leave out, please get legal advice.

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Sources

• Succession Act 1981 (Qld)
• Uniform Civil Procedure Rules 1999 (Qld)