Did you Know!
In some circumstances, the Supreme Court can allow a minor to make, revoke or alter a will AND the Supreme Court can also make, revoke or alter a will for a person who does not have mental capacity!
Wills & Estates in Queensland
A will is an important legal document that dictates how a person wants their estate to be distributed upon their death. If a person dies without a will, they die intestate. This means assets will be distributed in accordance with section 3 of the Succession Act 1981 (Qld) basically your assets will go to your next of kin!
If a person dies with a will, they die testate and the appointed executor/s named in the will are responsible for the administration of the estate in accordance with the will. Your executors may engage in a lawyer to help them through this process.
If you are 18 years of age or over, have sound mind, memory and understanding, you may consider making a will. In some circumstances, if you are under the age of 18, you may make a will (we suggest you obtain legal advice before doing so).
How to make a will:
In Queensland, there are formalities which must be complied with to make a valid will. The will must be in writing, needs to be signed by the person making the will, it should be dated, and the testators signature needs to be witnessed by two witnesses (there are exceptions!).
The Supreme Court may still deem an informal will (a will that does not comply with formal requirements) to be a valid will if it expresses the deceased's testamentary intentions. Basically, the law surrounding wills and estates (The Succession Act), allows the Court to dispense with the execution requirements for a will
Tip!
Make sure you keep your will in a safe place. You should tell someone you trust (close relative or the executors of your estate where you keep your will so that it can be located).
What happens if you get married (or divorced)?
Marriage may automatically revoke a will (unless you made the will in contemplation of marriage)! This also applies when people get divorced.
Marriage may automatically revoke a will (unless you made the will in contemplation of marriage)! This also applies when people get divorced.
What about civil and de facto relationships?
The Succession Act states that the entering into a civil relationship has the same effect as marriage, and the ending of a civil relationship (or de facto relationship) has the same effect as divorce!
Tip!
Once you have made a will, you will not be able to simply alter it by rubbing it out, crossing out, or writing between the lines! Any alterations must be properly executed by the testator (you who is writing the will) in the presence of two witnesses. You may correct the text in the will before the will is signed.
Once you have made a will, you will not be able to simply alter it by rubbing it out, crossing out, or writing between the lines! Any alterations must be properly executed by the testator (you who is writing the will) in the presence of two witnesses. You may correct the text in the will before the will is signed.
Contact us for more information on estate planning or to book a free legal advice session to find out your options.
This information does not constitute legal advice. You should consult with a lawyer to obtain independent legal advice relevant to your situation.
