Will Kits in Queensland: DIY Options, the Public Trustee, and What You Need to Know

Making a will is one of the most important legal steps you can take. Yet many Queenslanders put it off for years, assuming it is expensive, complicated, or requires a formal appointment with a lawyer. In reality, there are several accessible options available, from a $20 will kit at your local newsagency to a free appointment with the Public Trustee Queensland. Understanding the differences between those options, and what each one actually costs in the long run, is the first step to making the right choice for your circumstances.

What Is a Will Kit?

A will kit is a pre-printed document package, typically available for between $20 and $35, that guides you through completing your own will without engaging a solicitor. The most widely available option in Queensland is the Australia Post “Prepare Your Own Legal Will Kit” ,¹ sold as both a single and couples pack from participating Post Office locations across the country and through the Australia Post online store.

Will kits are also commonly stocked at newsagencies across Queensland. You will find them in most Nextra and independent newsagencies, typically in the stationery or legal documents section. Some pharmacy and general retail stores also carry them, though availability varies.

The typical will kit contains:

• A blank will form with sections for your personal details, executor appointment, beneficiary designations, and specific gifts
• Plain-English instructions for completing each section
• Guidance on the witnessing and signing requirements
• Sometimes a storage envelope or pouch for the completed document

Are Will Kits Legally Valid?

Yes. A will completed using a will kit can be legally valid in Queensland, provided it meets the formal requirements set out in the Succession Act 1981 (Qld). The critical requirements are:

1. The will must be in writing (typed or handwritten — no purely oral wills)
2. It must be signed by the testator (the person making the will), or by someone at their direction if they physically cannot sign
3. It must be witnessed by at least two adults (aged 18 or over) who are both present at the same time and see the testator sign
4. The witnesses must sign and attest to the will in the presence of the testator
5. The witnesses must not be beneficiaries under the will — and if they are, they may lose their entitlement

The will should also be made by a person with testamentary capacity. This means they understand the nature and effect of making a will, the extent of their estate, and who their natural beneficiaries are.

The Checklist for a Valid Queensland Will

When a Will Kit Is (and Is Not) Appropriate

A will kit is a reasonable option for a simple, straightforward estate: a single person with modest assets held in their sole name, clear beneficiaries, no complex family arrangements, and no particular concern about legal challenges after their death.

A will kit is not appropriate, and the risk of it being inadequate is significant, in the following circumstances:

• Blended families or step-children: The interaction between your will, the Succession Act 1981 (Qld) family provision rules, and the rights of a current or former spouse is legally complex
• Business interests: A will that does not address succession of a business interest, company shareholding, or partnership share properly can create serious problems for both the estate and the ongoing business
• Significant superannuation: Superannuation does not automatically form part of your estate — how it passes depends on your binding death benefit nomination, and a will kit cannot address this for you
• Testamentary trusts: If you want to leave assets on trust (for example, for minor children or a beneficiary with a disability), a will kit does not provide the necessary structure
• Potential family provision claims: If there is any prospect of a family member challenging your will under Part 4 of the Succession Act 1981 (Qld), the precision of a solicitor-drafted will — and the record of your testamentary capacity and intentions — becomes critical

The Public Trustee Queensland: Free Wills Explained

The Public Trustee Queensland offers a will preparation service at no upfront charge. You can make an appointment through its offices across Queensland — including Brisbane, the Gold Coast, Cairns, Toowoomba, Townsville, and Rockhampton — and a Trust Officer will prepare your will for you based on your instructions.

This service is genuinely valuable, particularly for:

• People who cannot afford a private solicitor
• Elderly or vulnerable Queenslanders who want a straightforward will without complex legal navigation
• People whose estates are simple and who have no complex family or business arrangements

However, “free” does not mean without cost in the long run, and this distinction is critical.

The Public Trustee is a self-funded statutory body. The practical reality is that free will preparation is cross-subsidised by the fees it earns administering estates. This creates a structural incentive to be appointed as executor in the wills it prepares. That is not improper; it is simply something you should understand before you sign.

What to Bring to a Public Trustee (or Solicitor) Will Appointment

Whether you are attending the Public Trustee Queensland or visiting a private solicitor to have your will prepared, coming prepared will make the appointment faster, more accurate, and more effective. Bring the following:

Your Identification

• Driver’s licence, passport, or proof of age card — at least one form of current photo ID

Your Executor Details

Your executor is the person (or institution) responsible for administering your estate after you die. Bring the following for each proposed executor (and consider nominating a backup):

• Full legal name (as it appears on their ID)
• Relationship to you
• Residential address
• Phone number and email

Your Beneficiary Details

Beneficiaries are the people or organisations who will receive your assets. For each:

• Full legal name and date of birth
• Residential address
• Relationship to you

If you have a large or complex family, a simple family tree drawn before the appointment saves considerable time.

Your Asset and Liability List

You do not need certified valuations, but you should have a considered list of:

• Real property (home, investment properties), including how it is owned (sole name, joint tenants, or tenants in common)
• Bank accounts — institution and approximate balance
• Vehicles — cars, boats, motorbikes, caravans
• Shares or investments — platform and approximate value
• Superannuation — fund name (note: the will itself generally does not control superannuation distribution)
• Life insurance — insurer and whether the estate is the nominated beneficiary
• Businesses — registered name, ABN/ACN, organisation structure, co-owners or directors
• Trusts — trust name and type, whether you are trustee or beneficiary
• Liabilities — mortgages, personal loans, outstanding debts and to whom they are owed

Any Existing Will

If you already have a will, bring a copy. Your new will should expressly revoke all prior wills, and the draftsperson will want to review your existing document to ensure continuity and avoid accidental conflict.

Details of Minor Children and Testamentary Guardians

If you have children under 18, you will need to consider — and may wish to specify — who you want appointed as their testamentary guardian in the event both parents are unable to care for them. Bring that person’s full name, address, date of birth, and contact details.

If you have been previously married or in a de facto relationship, that history is legally relevant. Your former partner may have entitlements under the family provision rules regardless of what your will says, and the draftsperson needs that information to advise you properly.

The Risks of DIY: What Can Go Wrong

The most common and costly will kit failures in Queensland fall into several identifiable categories.

Invalid Execution

The witnessing requirements under the Succession Act 1981 (Qld) are strictly applied. A will witnessed by only one person, or where both witnesses were not physically present simultaneously, is invalid. If a beneficiary or the spouse of a beneficiary witnesses the will, their gift may fail even if the will itself is otherwise valid.

Will kits use standard form language that may not capture your actual intentions. Phrases like “my personal effects” or “my estate equally” have specific legal meanings that may not match what you intended. Ambiguity in a will generates estate disputes, often expensive ones, between family members.

A will kit cannot advise you that jointly held property passes by survivorship outside the estate, that superannuation requires a separate binding death benefit nomination, or that a specific gift of a business share requires careful drafting to avoid triggering tax or shareholder agreement consequences. These omissions are silent failures: the will appears complete but does not do what you intended.

Outdated Provisions

A will kit completed years ago may not reflect a change in your assets, a marriage, a divorce, or the birth of children. In Queensland, marriage generally revokes a prior will unless the will was made in contemplation of that marriage. Divorce does not revoke the will but revokes gifts to a former spouse.

Getting It Right: When to See a Solicitor

A will kit is a starting point, not a substitute for professional advice in all circumstances. The cost of having a solicitor prepare a straightforward will in Queensland typically ranges from $300 to $600 for a single will. This is a modest investment when weighed against the cost of an invalid or disputed will, which can consume tens of thousands of dollars from an estate in litigation.

A solicitor-prepared will also provides:

• A file note of your testamentary capacity and the instructions you gave, which is critically important if the will is later challenged
• Advice on family provision risks and how to minimise them
• Proper drafting of testamentary trusts, specific gifts, and business succession provisions
• Coordination with superannuation binding death benefit nominations and powers of attorney
• A formal storage option (most Queensland law firms will store the original will on your behalf)

If you are considering a will kit because of cost, it is worth contacting a solicitor first. Many Queensland firms offer a fixed-fee will service that is less expensive than you may expect, particularly for straightforward estates.

If you are considering the Public Trustee because of accessibility, the service is legitimate and appropriate for simple needs. However, understand the executor fee structure before you sign, and consider whether a private solicitor appointed as executor might cost your estate less in the long run.

Making a will, whether by kit, through the Public Trustee, or with a private solicitor, is better than not making one at all. An intestate estate in Queensland is distributed according to a statutory formula under the Succession Act 1981 (Qld) that may bear no resemblance to your actual wishes. Contact our Wills & Estates team today for a no-obligation conversation about the right approach for your circumstances.

Disclaimer: This article provides general legal information and does not constitute legal advice. Every estate planning matter is unique. Contact Bell & Senior Lawyers for advice specific to your circumstances.