A parent has just died and left you a significant inheritance. A new baby arrived six months ago. You separated from your partner last year but never got around to updating the documents. Each of these moments changes what your will does, and in some cases what it does at all.
A will is not a document you make once and file away. Queensland's succession laws treat certain life events as automatically affecting what a will provides, and others can leave the people closest to you without the protection you intended. A general review every two to three years, and a specific review after any major life event, is what the Queensland Public Trustee recommends.
Our Springfield team helps clients across Greater Springfield and Ipswich with wills, estates and succession planning.
Here is a guide to the events that most commonly require a will update in Queensland, and what the law says happens if you do not act.
Key takeaways
- Marriage revokes a Queensland will unless it was made in contemplation of that marriage.
- Divorce removes gifts and executor appointments to a former spouse.
- Separation without divorce does not change what a will provides.
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.
When does a life event require a will update in Queensland?
Certain events change a will automatically under Queensland's Succession Act, without any action from the will-maker. Others leave the will technically valid but practically wrong. Knowing which is which prevents the people closest to you from being left out.
The Queensland Public Trustee recommends reviewing a will after marriage, divorce, starting or ending a de facto relationship, a death, an inheritance, a major financial change, buying or selling property, business changes, illness, relocation, or when an executor or guardian steps out of the picture.
What does marriage do to a Queensland will?
Marriage or a civil partnership revokes a will entirely, according to Queensland's Succession Act. After the ceremony the will-maker has no valid will unless a new one is made.
There is one exception: a will made in contemplation of a specific marriage is not revoked by that marriage. Outside that situation, a Queensland resident who marries without updating their will dies intestate, and the intestacy rules under the Succession Act decide who receives the estate, which may not reflect what the person wanted.
The Queensland Public Trustee notes that fewer than half of Queenslanders aged 40 to 60 have a current will, so this is not a rare situation. Making or remaking a will before or immediately after a wedding is one of the most straightforward ways to avoid an unintended outcome.
What does divorce or separation do to a Queensland will?
Divorce and separation operate differently, and the gap between them is one of the most misunderstood areas of succession law.
Divorce: once a divorce order takes effect, Queensland's Succession Act revokes any gift to the former spouse and removes their appointment as executor, trustee or guardian, unless the will shows a contrary intention. The Succession Act treats the former spouse as if they had died first. This happens automatically on the divorce order taking effect.
Separation without divorce: separation alone does not change anything in a will, according to the Queensland Public Trustee. An estranged spouse who has been separated for years is still likely to receive gifts left to them, and any appointment as executor remains valid. This is the most common source of unintended outcomes for separated couples who delay formalising their affairs.
De facto and civil partnerships: the ending of a de facto relationship or the termination of a civil partnership has the same effect as divorce under Queensland's Succession Act. Gifts and appointments to the former partner are revoked in the same way.
"Separation without divorce does not change a Queensland will. A separated person's estranged spouse may still inherit and still act as executor if the will is not updated."
Jade Kickbusch, Principal, Brookwater Legal
What other events make a Queensland will out of date?
Beyond marriage and divorce, several other events commonly leave a will providing the wrong outcome.
A new child or grandchild: a will made before a child was born may not make provision for them. While Queensland's family provision rules allow eligible people to apply to the court for provision from an estate, the Queensland Public Trustee recommends naming beneficiaries directly rather than relying on a later application.
Death of a beneficiary or executor: if a named beneficiary dies before the will-maker, their gift may lapse unless the will provides otherwise. If an executor dies or becomes unable to act, the court may need to appoint an administrator. The Queensland Public Trustee recommends naming an alternative executor for this reason.
A significant inheritance or financial change: receiving a substantial asset changes the estate's composition and may mean the existing distribution no longer reflects what the will-maker intends. Buying or selling property, starting or closing a business, and major changes to superannuation arrangements all warrant a review.
Moving overseas or acquiring overseas assets: a Queensland will may not automatically deal with assets held in another country. The Queensland Public Trustee notes that a separate will meeting that country's requirements may be needed, and the Queensland will should then say it covers Australian assets only.
How does a solicitor help with updating a Queensland will?
Updating a will generally involves reviewing what the current will provides, identifying any gaps created by life events, and preparing a new will that correctly names beneficiaries, an executor and, where relevant, a guardian for children under 18. Our wills and estates solicitors work through these questions with clients across Greater Springfield and Ipswich.
Step 1: Talk to us
Get in touch and we will explain what a review involves and what the next steps look like for your circumstances.
Step 2: Review your current documents
We review your existing will, any enduring power of attorney and any advance health directive, and identify where life events may have changed what they provide or whether they remain appropriate.
Step 3: Prepare the updated will
We prepare a new will that reflects your current wishes, correctly names beneficiaries and your executor, and addresses any issues identified in the review, including any testamentary trust arrangements where relevant.
Step 4: Execute and store the documents
We arrange for the will to be signed before two witnesses in accordance with Queensland's Succession Act requirements, advise on safe storage, and confirm whether certified copies should go to attorneys, a doctor or a financial institution.
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What does the Queensland succession law say about who may see a will?
Once a will is filed with the Supreme Court it becomes a public document, according to Queensland Courts. Before death, Queensland's Succession Act sets out who may inspect and have a copy of a will held in Queensland.
The Act entitles a person mentioned in the will whether as a beneficiary or not, a beneficiary under an earlier will, a spouse, parent or child of the will-maker, a person entitled on intestacy, a parent or guardian of a minor mentioned in the will or entitled on intestacy, a creditor or person with a claim against the estate, and a person who may apply for family provision.
This matters when updating a will: a previous version may still be accessible to those entitled, so it is worth understanding what documents remain in circulation and who holds them.
When does not updating a will in Queensland cause the most harm?
The situations where an outdated will causes the greatest difficulty are those where the law does not step in automatically to correct the outcome.
Separation without divorce is the clearest example. There is no automatic correction: the estranged spouse retains their gifts and their executor appointment, and only a new will changes that. The Queensland Public Trustee notes this directly on its succession guidance.
A new child who is not named in the will is another. The child is not automatically included. A family provision application is available under Queensland's Succession Act, but it requires court proceedings, time and cost that a current will would avoid.
A deceased executor is a third. Without an alternative named, someone must apply to the court for letters of administration, adding time and complexity to the administration of the estate. Queensland Courts notes that the court may need to appoint an administrator where no executor is able and willing to act.
Frequently Asked Questions
Does marriage automatically revoke a will in Queensland?
Yes, according to Queensland's Succession Act. Marriage or a civil partnership revokes a will unless it was made in contemplation of that specific marriage. A will-maker who marries without making a new will has no valid will.
Does separation change what a Queensland will provides?
No. The Queensland Public Trustee confirms that separating without divorcing does not revoke gifts or appointments in a will. An estranged spouse remains entitled to receive gifts and to act as executor unless the will is updated.
What does divorce do to an executor appointment in a Queensland will?
Under Queensland's Succession Act, divorce revokes both gifts to the former spouse and their appointment as executor, trustee or guardian, unless the will shows a contrary intention. It does not automatically update the rest of the will.
How often should I review a will under Queensland succession law?
The Queensland Public Trustee recommends reviewing a will every two to three years and after any major life event, including marriage, divorce, the birth of a child, a death in the family or a significant financial change.
Does having overseas assets affect a Queensland will?
It may, according to the Queensland Public Trustee. A separate will meeting that country's requirements may be needed for overseas assets, and the Queensland will should then state it covers Australian assets only.
Do I need a solicitor to update a will in Springfield or Ipswich QLD?
A solicitor can ensure the updated will correctly reflects your intentions, is properly witnessed and avoids the gaps that commonly arise after life events. Our wills and estates team acts for clients across Greater Springfield and Ipswich.
Can I update a will by writing changes on the existing document?
No. The Queensland Public Trustee advises against writing changes on an original will. A new will with a revocation clause, or a signed and witnessed revocation document, is the correct approach under Queensland succession law.
Your Next Steps
The events that most often leave a will out of date in Queensland are the same ones that tend to fill a calendar: a wedding, a separation, a new baby, a death in the family. Each one is worth a conversation about whether the documents that govern your estate still reflect what you want. For families in Ipswich and across Greater Springfield, getting that review done sooner avoids the kind of outcome that cannot be undone after a death.
Every will and estates matter is different, and that's exactly why it's worth a conversation. Make an appointment with the Brookwater Legal team or call (07) 3437 8555.
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External Resources
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.
