Can I use a DIY Will Kit in Queensland?

It is tempting to grab a $30 Will Kit from the post office to “tick the box.” However, as estate lawyers, we see the fallout from these kits in the Supreme Court regularly.

The “Formal Requirements”

For a Will to be valid in Queensland, it must meet strict criteria under Section 10 of the Succession Act 1981 (Qld):¹

1. It must be in writing.
2. It must be signed by the testator (you).
3. Crucially: You must sign in the presence of two witnesses, who must also sign in your presence, all at the same time.

DIY kits often fail right here. People sign them, then ask a neighbour to “witness it later.” This makes the Will invalid.

Common DIY Disasters

1. Ambiguity

• You write: “I leave the house to Mary.”
• The Problem: Which house? What if you sell it and buy a new one? Does Mary get the mortgage too?
• Result: The executor has to apply to the Court for “directions” on what you meant. Cost: ~$10,000+.

2. Failure of Gifts

• You write: “I listen to my car to John.”
• The Problem: You sell the car before you die.
• Result: The gift “adeems” (fails). John gets nothing. Did you want him to have the cash equivalent? A lawyer would have asked.

3. Partial Intestacy

• The Problem: You list your assets but forget to include a “residuary clause” (the catch-all for everything else).
• Result: The forgotten assets (e.g., tax refunds, new accounts) are distributed according to intestacy rules, not your wishes.

Tax Traps

DIY wills rarely consider Capital Gains Tax (CGT). A lawyer can draft a Will that includes a Testamentary Trust, potentially saving your beneficiaries tens of thousands in tax and protecting their inheritance from bankruptcy or divorce.

Related Topics

• Dying without a Will
• Probate process
• Wills & Estates Practice Area

Professional Drafting

A basic professional Will is not expensive compared to the cost of fixing a bad one. Bell & Senior ensures your Will is clear, valid, and tax-effective.

Get it right the first time. Contact us for a quote. Call (07) 5532 8777.