When someone in a blended family dies without an updated will, Queensland's intestacy rules divide the estate among legal relatives. Step-children are excluded by default, and a surviving spouse may not receive what the couple intended. For families in Springfield, Ipswich and across Greater Springfield, that gap between expectation and legal outcome can surface at the worst possible time.
Under Queensland succession law, a spouse and children share an estate, but the rules treat step-children differently from biological or adopted children. A blended family often needs specific documents, including a carefully drafted will, to make sure the right people are provided for. The Queensland Public Trustee research published in 2026 found that fewer than half of Queenslanders aged 40 to 60 have a will, which means the legal default applies to many blended families right now.
Our Springfield team helps clients across Greater Springfield and Ipswich with wills, estate planning and succession matters for blended families.
Here is how estate planning for blended families generally works in Queensland, and why getting the documents right matters.
Key takeaways
- Step-children are excluded from Queensland's intestacy rules by default.
- Divorce revokes gifts to a former spouse under Queensland's Succession Act.
- A testamentary trust can hold assets for a surviving partner and children.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What are the biggest estate planning risks for blended families in Queensland?
The most common risk is that a surviving spouse inherits everything, leaving the children from a previous relationship with nothing, or the reverse. Under Queensland succession law, where there is no will, the spouse receives the first $150,000 and the household chattels, according to the Queensland Public Trustee. Of what is left, if there are children, the spouse receives one-third and the children share two-thirds. That division may not reflect what the person actually wanted, and it can leave step-children, who have no legal standing under the intestacy rules, entirely unprovided for.
A second risk arises when a person has a will from a previous relationship that has never been updated. Under Queensland's Succession Act, divorce revokes gifts to a former spouse and their appointment as executor. However, separation without divorce does not revoke a will. A person who separated but did not finalise a divorce may still have a will that benefits an estranged former partner, according to the Queensland Public Trustee.
Marriage also revokes an existing will entirely under the Succession Act, except for gifts to the new spouse. A person who remarried without making a new will is likely to have no valid will at all, leaving the estate to be divided under the intestacy rules.
How does Queensland succession law treat step-children?
Step-children are not next of kin under Queensland's intestacy rules. The Queensland Public Trustee lists the order of distribution on intestacy as spouse, children, grandchildren, parents, brothers and sisters, and so on through to first cousins. A step-child has no entitlement unless they were adopted by the deceased, in which case they are treated as a lawful child.
Step-children can, however, make a family provision application under Queensland's Succession Act. For family provision purposes, the Act defines "child" to include a step-child. A step-child who claims inadequate provision from the estate applies to the Supreme Court, which considers whether proper maintenance and support has been made. Written notice of an intended application is generally given within six months of the date of death, according to Queensland's Succession Act. Proceedings must start within nine months of the death, under the same Act.
The relationship of step-child and step-parent stops, for these purposes, on the divorce of the deceased and the step-child's parent. It does not stop merely because the step-child's parent died first, if the relationship existed when that parent died.
"For a blended family, the default rules rarely match the reality of the relationships. A carefully drafted will is the only way to reflect what the family actually wants."
Jade Kickbusch, Principal, Brookwater Legal
What documents does a blended family need in Queensland?
A will is the starting point for every adult in the family:
- › Will: sets out who receives which assets, names an executor and can establish a trust for children or a surviving partner.
- › Enduring power of attorney: appoints a trusted person to manage financial and personal decisions if capacity is lost, according to the Queensland Government.
- › Advance health directive: records health care wishes for a time when the person cannot communicate them, according to the Queensland Government.
- › Superannuation nomination: directs the fund trustee on who receives the super death benefit, since super does not automatically pass under the will, according to Moneysmart.
- › Guardian nomination: a parent can nominate a testamentary guardian for children under 18, under Queensland's Succession Act, to make decisions about their care and education.
How does a blended family generally approach the process in Queensland?
Step 1: Talk to us
Get in touch and we'll explain how the process generally works and what the next steps look like.
Step 2: Review the existing documents
We review any existing wills, powers of attorney and superannuation nominations to identify gaps, outdated provisions and documents that may have been revoked by a marriage, divorce or change in circumstances.
Step 3: Prepare updated documents
We prepare new wills and supporting documents that reflect the family's current structure, including any life interests, testamentary trusts or guardian nominations that are appropriate to the situation.
Step 4: Sign and store the documents
We coordinate the formal signing and explain where originals should be kept, who should hold certified copies and whether anything should be registered with Titles Queensland.
| Get in touch Need help with a blended family estate plan? We're an experienced team who keep you well informed at every stage of the process. Get in touch to discuss your needs. |
When does a blended family arrangement not follow the standard process?
Estate planning for a blended family becomes more complex in several situations that do not fit a straightforward will-and-executor arrangement.
Where one partner has significantly more assets than the other, or where children from different relationships have very different needs, a one-size approach may leave someone without fair provision and open to a family provision claim. Where the family home is jointly owned, it passes by survivorship to the surviving owner regardless of what the will says, because joint tenants hold the property together rather than in separate shares. A couple who wants the home to pass to their own children rather than entirely to the survivor may need to consider severing the joint tenancy and holding as tenants in common instead, so each share can be dealt with by their own will.
Superannuation sits outside the estate entirely unless the fund trustee pays it to the executor. Moneysmart notes that a will does not automatically cover super. A binding nomination directs the fund on who receives it, and in a blended family the nomination may need to be reviewed as the family structure changes.
A life interest or testamentary trust is sometimes used where a surviving partner needs to remain in the family home but the owner wants the property to eventually pass to their own children. The Queensland Public Trustee describes a life interest as the primary beneficiary having the full benefit of an asset for life without inheriting it, with the property then passing to the remainder beneficiaries. That structure balances the competing interests of a surviving partner and children from a previous relationship, but it requires careful drafting to work as intended.
What are the common mistakes blended families make with estate planning in Queensland?
The most common mistake is assuming that the current relationship is protected without checking the documents. A will made before a remarriage is generally revoked by that marriage under Queensland's Succession Act, meaning the person may have no valid will at all. A will that was not updated after a separation may still name a former partner as executor or beneficiary, even though the relationship has ended.
A second mistake is overlooking superannuation and jointly owned property. Because each sits outside the estate in different ways, neither is automatically covered by the will. The Queensland Public Trustee notes that super may not necessarily be paid into the estate.
A third mistake is not considering the family provision rights of adult children. An adult child from a previous relationship who receives nothing, or who believes they have been inadequately provided for, may apply to the Supreme Court under Queensland's Succession Act within nine months of the death. A well-drafted estate plan considers this in advance rather than leaving it to the courts to resolve.
Frequently Asked Questions
Does a step-child automatically inherit in Queensland?
No. Step-children are not included in Queensland's intestacy rules and do not inherit automatically. They can only receive from the estate if named in a valid will, or through a family provision application under Queensland's Succession Act.
Does remarriage cancel a will in Queensland?
Generally yes. Under Queensland's Succession Act, marriage revokes an existing will, except for any gift to the new spouse. A person who remarries without making a new will is likely to have no valid will.
Can a step-child contest a will in Queensland?
A step-child can make a family provision application under Queensland's Succession Act, which treats step-children as children for this purpose. Proceedings must generally start within nine months of the death.
What does a testamentary trust do for a blended family in Queensland?
A testamentary trust sits inside the will and can hold assets for a surviving partner while protecting what passes to children, according to the Queensland Public Trustee. A life interest lets the partner use an asset for life before it passes to the remainder beneficiaries.
How does jointly owned property work in a blended family estate in Queensland?
Property held as joint tenants passes by survivorship to the other owner, regardless of the will. Couples who want their share to pass to their own children may hold the property as tenants in common instead, so each share forms part of their own estate.
Do you need a solicitor for blended family estate planning in Springfield or Ipswich QLD?
A solicitor can review the family's existing documents, identify gaps and prepare wills and supporting documents that reflect the current family structure. Our wills and estates solicitors help clients in Springfield and Ipswich with blended family estate planning.
Does separation update a will in Queensland?
No. Under Queensland's Succession Act, only a divorce or the formal ending of a de facto relationship revokes gifts to a former partner. Separation alone leaves the will unchanged, and an estranged former partner may still benefit.
Your Next Steps
For many blended families in Queensland, the gap between what they intend and what the law provides by default is significant. A will that was made for a previous relationship, or never made at all, rarely reflects the complexity of a current family. The Queensland Public Trustee research shows that fewer than half of Queenslanders in their forties and fifties have a will, which means the intestacy rules are quietly deciding outcomes for a large number of blended families right now.
If you're working through blended family estate planning, the right advice early makes the process simpler. Contact the Brookwater Legal team or call (07) 3437 8555 to talk through where you stand.
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Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
