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How Do I Find a Lost Will in Queensland?

Woman searching through documents at home looking for a missing will.
Woman searching through documents at home looking for a missing will.

Losing track of a relative’s will is more common than most people expect, particularly where the will-maker was hospitalised or moved between residences before death. This guide explains the practical steps to take and what happens if the will genuinely cannot be located.

Where a Will Might Be Held

A will is most commonly held by the solicitor who prepared it, the Public Trustee of Queensland, a bank safe deposit box, or with the will-maker’s personal papers. Because Queensland has no central will register, there is no single search that will confirm a will’s existence or location.

Practical Steps to Locate a Will

  • Contact the Public Trustee of Queensland , who can confirm whether they hold a will or have record of one.
  • Use an online lost will search service, which typically sends enquiries to solicitors on your behalf. Fees may apply.
  • Consider placing a notice in a relevant newspaper, particularly in the area the deceased lived.
  • Review the deceased’s personal records, correspondence, or known professional contacts for any indication of which solicitor prepared the will.
  • If the deceased was in hospital or aged care, ask staff whether personal effects, including any documents or a phone, were retained or returned to family.
Anyone who could reasonably expect to inherit under a will is entitled to ask a solicitor holding it for a copy, but only after the will-maker has died. Before death, the will remains private to its maker.

What Happens If No Will Is Found

If a thorough search does not locate a will, the estate is administered as though the person died intestate. Someone, usually a spouse or adult child, can apply to the Supreme Court of Queensland to be appointed administrator. The estate is then distributed according to the intestacy rules set out in the Succession Act 1981 (Qld), which generally favour a surviving spouse or partner first, then children in equal shares, then parents, then other relatives in a fixed order.

Intestacy outcomes are determined by legislation, not by what the deceased may have actually wanted. If you suspect a will exists but cannot locate it, exhaust the search options above before assuming the estate must be administered as intestate.

See Also

This page provides general legal information only and is not personal legal advice. Contact Bell Senior Lawyers on (07) 5532 8777 or make an enquiry online for advice specific to your circumstances.

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