A DIY will kit or online will service lets you prepare your own will from a template, usually for a modest fee. In Queensland a homemade will can be perfectly valid, and for a simple estate it may work exactly as intended.
The difficulty is timing. Nobody finds out whether a DIY will works until after the person who made it has died. By then they cannot be asked what they meant, and the cost of fixing any problem falls on their estate and their family.
This page explains when a will kit is likely to be enough, what commonly goes wrong with homemade wills, and what you can do if you are dealing with one now.
Are DIY wills legal in Queensland?
Yes. Queensland law does not require a will to be prepared by a lawyer. A will made from a kit or an online service is valid if it is signed and witnessed correctly, the person making it had the mental capacity to make a will, and they knew and approved of what it said and made it freely.
An online will is treated the same way as any other will. The service can help you prepare the wording, but the will itself must still be printed, signed and witnessed to meet Queensland’s formal requirements. Its validity comes from how it was made, not from who supplied the template.
How to sign and witness a will in Queensland
The formal requirements are set out in section 10 of the Succession Act 1981 (Qld). A will must be in writing and signed by the will maker, or by another person who signs in the will maker’s presence and at their direction.
The will maker must sign, or acknowledge their signature, in the presence of at least two witnesses who are present at the same time. At least two of those witnesses must then sign the will in the will maker’s presence. The witnesses do not have to sign in front of each other, and they do not need to know that the document is a will.
Witnesses do not need any particular qualification, so they do not have to be a lawyer or a justice of the peace. However, a person who cannot see the will maker sign cannot act as a witness.
The safest approach is simple. Have both witnesses in the room with you from start to finish. Sign the will while they watch, then have each witness sign while you watch. Date the will, initial each page and keep the pages fastened together. Those last steps are not legal requirements, but each one removes a question that could otherwise be argued about later.
Witnesses should be physically present. The temporary rules that allowed wills to be witnessed by video link during the pandemic ended in April 2022.
Can a beneficiary witness a will in Queensland?
They can, but they may lose their gift as a result. In Queensland, if a person who receives a gift under a will also signs as a witness, the gift to that person is void. The rest of the will remains valid.
The gift can be saved in some situations. These include where at least two other witnesses who receive nothing under the will also signed it, where everyone who would benefit from the gift failing agrees in writing, or where the court is satisfied the will maker knew and approved of the gift and made it freely.
The simplest course is to choose two adult witnesses who receive nothing under the will and are not closely connected to anyone who does. That avoids both the legal problem and any later suggestion of influence.
When is a DIY will kit good enough?
It is a fair question, and the honest answer is sometimes. A kit is least likely to cause trouble when your circumstances are simple.
That generally means you are single or in a first marriage or relationship, with no former partner who might have a claim. Any children you have are independent adults and you are leaving them equal shares. Your assets are straightforward, such as a home, bank accounts and a car, and you own nothing through a company, a family trust or a superannuation fund you run yourself. You are not leaving anyone out, nobody is likely to feel they have been treated unfairly, and you are confident the signing and witnessing will be done exactly as required.
Change any one of those things and the risk rises considerably. The next section explains what that risk looks like in practice.
What goes wrong with DIY and homemade wills
Assets your will cannot give away
A will only deals with assets that form part of your estate, and several of the things people most want to pass on do not. This is a frequent and often costly surprise.
Superannuation does not automatically form part of your estate. It is paid by your fund’s trustee under the fund’s rules and any valid death benefit nomination you have made. A binding nomination can generally only direct your super to your dependants, as superannuation law defines them, or to your estate. Many binding nominations lapse after three years unless they are renewed. A line in a will saying “I leave my superannuation to my daughter” may have no effect at all.
Property you own with someone else as joint tenants passes automatically to the surviving owner, whatever your will says. Property owned as tenants in common is different, because your share does pass under your will.
Life insurance with a nominated beneficiary is generally paid directly to that person rather than to your estate. Insurance held inside your super fund follows the super rules described above.
Assets owned by a family trust or a company do not belong to you personally, so your will cannot give them away. What you may be able to pass on is your control of the trust, or your shares in the company, and how that works depends on the trust deed and the company’s constitution.
Many will kits do not ask about any of this. As a result, people write wills that try to give away things they do not own, and say nothing about things they do.
Mistakes in signing and witnessing
The requirements sound simple and are often missed. Common errors include witnesses who were not both present when the will maker signed, only one witness, a witness who signed later after the will maker had left the room, and a beneficiary acting as a witness.
These problems are usually invisible until someone applies for probate, which is the Supreme Court’s confirmation that a will is valid and that the executor can act on it. At that point they become the estate’s problem.
Wording that can be read more than one way
Precision matters more in a will than in almost any other document, because the one person who could explain what was meant is no longer available to ask.
Recurring problems include nicknames or incomplete names where more than one person could be meant, and loose descriptions of property such as “my jewellery”, “the farm” or “my savings”. Others are references to “my children” or “my grandchildren” in families where it is not obvious who is included, gifts of particular items that were sold or replaced before the death, and conditions that are unclear or impossible to meet.
When wording is unclear, the executor may need to ask the Supreme Court to decide what it means. The court can consider evidence of what the will maker intended, but only in limited circumstances, such as where the wording is meaningless or ambiguous. Applications of this kind add time and cost to the administration of the estate.
Gaps the template does not prompt for
DIY wills often have no backup executor, no backup beneficiary and no residuary clause. A residuary clause says who receives everything that has not been specifically given away, and in most wills it is the clause that deals with the bulk of the estate.
If a beneficiary dies before the will maker, or within 30 days after, their gift generally fails unless the will says who should take it instead. Queensland law fills part of that gap for gifts to the will maker’s children and grandchildren, whose own descendants can take the share in their place, but it does not cover every situation.
A failed gift falls into the residue. If there is no residuary clause, or it does not work, anything not effectively given away passes under the intestacy rules, which are the rules that apply when there is no valid will. The result can be a will that governs part of the estate while the rest is distributed as though there were no will at all.
Handwritten changes
Crossing something out, writing in a new name or attaching a note is not a reliable way to change a will. In Queensland, a change made after a will has been signed is generally not effective unless it is signed and witnessed in the same way as the will itself, for example with the will maker and the witnesses signing in the margin beside the change.
Handwritten changes are a common trigger for disputes, because they raise questions about who made them, when, and whether they were meant to take effect. If your wishes change, the safer course is a new will, or a codicil signed and witnessed with the same formality.
Marriage, divorce and separation
Changes in relationships affect wills in ways many people do not expect.
In Queensland, getting married generally revokes an existing will. The exceptions include a will made in contemplation of that marriage, and gifts to, or the appointment as executor of, the person you are married to when you die. Entering a registered civil partnership has a similar effect.
Divorce does not cancel the whole will. It generally revokes any gift to your former spouse and their appointment as executor, unless the will shows a different intention. The end of a de facto relationship has the same effect on gifts to a former de facto partner.
Separating from a husband or wife, without a divorce, does not have this effect. A separated spouse can remain a beneficiary and executor under an old will for years after the marriage has ended in every practical sense.
Questions about capacity and pressure
To make a valid will, a person must understand that they are making a will and what it does, have a general understanding of what they own, and be aware of the people who might reasonably expect to benefit. Their judgment must not be distorted by a mental illness or condition. This test comes from an 1870 English case and is still applied by Queensland courts today.
A will can also be set aside if it was the product of undue influence, which in this context means coercion. Ordinary persuasion, or even strong family pressure, is not enough unless it overbore the will maker’s own wishes.
When a solicitor prepares a will, there is usually a file recording the instructions, who was present and what was discussed. That record is often the best answer to a later claim that the will maker did not understand what they were signing, or was pressured into it. A kit completed at the kitchen table, with a family member helping, leaves no such record, and the person who helped is often the one whose role is later questioned.
Where someone who benefits under a will was involved in preparing it, the court may also require clear evidence that the will maker knew and approved of its contents before it will accept the will.
Lost or damaged originals
The original signed will is the document that matters. If a will that was last known to be in the will maker’s possession cannot be found after their death, the law presumes they destroyed it intending to revoke it. A copy can sometimes be admitted to probate, but only by court order and only if that presumption can be overcome.
A will that turns up torn, with staples removed or with pages out of order raises similar questions about whether it was revoked or interfered with. Those questions can often be answered with evidence, but answering them takes time and costs the estate money.
Keep your original will whole, store it somewhere safe and tell your executor where it is.
DIY will kit or a will drafted by a solicitor?
The main difference is not the document itself. It is the thinking and the evidence that surround it.
A solicitor will usually ask about superannuation, insurance, jointly owned property and any trust or company, and plan for them. They will supervise the signing and witnessing. They will keep notes of your instructions, which can become important evidence if your capacity or independence is later questioned. In a blended family, or where someone may feel left out, they can assess the risk of a claim and draft with it in mind.
A kit costs less at the start. If something goes wrong, the cost is paid later by your estate and the people you meant to benefit. If cost is the main reason you are considering a kit, it is worth knowing that the Public Trustee of Queensland prepares wills free of charge.
No will, however carefully drafted, is immune from dispute. A professionally prepared will reduces the risk and makes a claim easier to defend, but it cannot rule one out.
Why no will can rule out a family provision claim
In Queensland, certain people can ask the Supreme Court to order that they receive provision from an estate, or more than the will gives them, whatever the will says. This is called a family provision claim. It does not depend on the will being invalid, so a perfectly valid will can still be the subject of a successful claim, and so can a homemade one.
The court considers whether the will made adequate provision for the claimant’s proper maintenance and support, having regard to all the circumstances.
Eligible people are the deceased’s spouse, child or dependant. A spouse includes a husband or wife, a civil partner, a de facto partner who had lived with the deceased for a continuous period of at least two years up to the death, and in limited cases a former spouse who had not remarried and was receiving or entitled to receive maintenance from the deceased. A child includes an adopted child and, in some circumstances, a stepchild. A dependant is a parent of the deceased, a parent of the deceased’s child under 18, or another person under 18, who was being wholly or substantially supported by the deceased when they died. Adult brothers, sisters and grandchildren are not eligible to claim.
A court dealing with a family provision claim can generally only deal with assets that form part of the estate, including assets paid into it after the death. Superannuation paid directly to a nominated beneficiary, and property that passes automatically to a surviving joint owner, are generally beyond its reach.
Strict time limits apply. They are explained in the time limits section below.
Dealing with a homemade will after someone dies
This is where many people reading this page find themselves, and it is the part worth acting on.
If someone has died leaving a will that looks irregular, with handwritten changes, a missing witness, pages that do not match or wording nobody can agree on, do not assume it is unfixable. Do not assume it is fine either. Get advice before the estate is distributed, because money that has already been paid out is much harder to deal with.
You may be entitled to see the will. Queensland law gives a wide range of people the right to inspect a deceased person’s will, or obtain a certified copy on payment of reasonable copying costs, from whoever holds it. They include anyone named in the will, anyone who was a beneficiary under an earlier will, the deceased’s spouse, parents and descendants, anyone who would inherit if there were no will, creditors, and anyone who may be able to make a family provision claim.
Can a defective will still be admitted to probate?
It may be. Under section 18 of the Succession Act, the Supreme Court can accept a document that was not properly signed or witnessed as a valid will if it is satisfied the person intended that document to be their will. The court can consider how the document was made and other evidence of the person’s intentions, including things they said.
The power is broad. Queensland courts have accepted a note typed on a mobile phone and an unsent text message as valid wills. But it is neither cheap nor certain. It requires a court application supported by evidence, the application can be opposed, and the costs are commonly paid from the estate, which reduces what the beneficiaries receive.
Can mistakes in a will be corrected?
In some cases. The Supreme Court can rectify a will that does not carry out the will maker’s intentions because of a clerical error, or because it does not give effect to their instructions. An application to rectify a will must generally be made within six months of the death, although the court can extend that time if the estate has not been finally distributed.
Where the problem is unclear wording rather than an error, the court can instead be asked to interpret the will.
What happens if the will fails?
If a will is found to be invalid, an earlier valid will generally applies, provided it has not itself been revoked. If there is no earlier valid will, the estate is distributed under Queensland’s intestacy rules. Those rules set a fixed order of entitlement, starting with a spouse and children and moving out to other relatives, which may be very different from what the person wanted.
If only part of a will fails, the intestacy rules apply to that part alone.
Challenging a DIY will in Queensland
A DIY will can be challenged on the same grounds as any other will. The usual grounds are that it was not properly signed and witnessed, that the will maker lacked capacity, that they did not know and approve of its contents, that it was the product of undue influence, or that it was forged or obtained by fraud. Homemade wills can be more exposed to these challenges because there is often less evidence about how they were made. Our will disputes page explains the process.
If you have genuine grounds to question whether a will is valid, it may be possible to lodge a caveat with the Supreme Court registry. A caveat stops a grant of probate being made while the issue is investigated. It is not the right step for a family provision claim, and lodging one without a proper basis can lead to an order to pay costs.
If you are the executor
An executor working from a homemade will must still administer the estate according to the will and the law, even where the will is unclear. Before distributing anything, get advice on whether the will is likely to be accepted for probate, what any unclear wording means, and whether a family provision claim is likely. We act for executors in estate administration.
Timing matters. An executor who distributes the estate no earlier than six months after the death, without having received written notice of an intended family provision claim or application to rectify the will, is generally protected from personal liability for that distribution. If notice has been received but no court proceedings have been started within nine months of the death, the executor can generally distribute at that point. An executor who distributes outside those rules does not have the same protection.
Time limits for contesting a will in Queensland
Estate claims in Queensland have deadlines that are often shorter than people expect, and they run from the date of death, not from the date probate is granted.
For a family provision claim, give the executor written notice of your intended claim within six months of the death, and start court proceedings within nine months of the death. The court can allow a late claim in some cases, but you should not rely on that, and once an estate has been properly distributed there may be little or nothing left to claim against.
An application to rectify a will must generally be made within six months of the death.
Disputes about whether a will is valid are not subject to those particular deadlines, but delay can make them much harder to pursue, particularly once probate has been granted and the estate distributed.
If you are considering a claim, or need to respond to one, get advice early.
How ROC Legal can help
ROC Legal does not prepare wills, enduring powers of attorney or other estate planning documents. If you need a will, a local solicitor who practises in wills and estate planning can help, and the Public Trustee of Queensland offers a free service for making wills.
What we do is the work that comes afterwards. We act in will and estate disputes, in family provision claims for people who have been left out or inadequately provided for, and for executors and beneficiaries administering or litigating an estate.
Where a homemade will is involved, we can advise on whether it is likely to be admitted to probate, what an application to validate an informal will involves and who is likely to pay for it, and whether there are grounds to challenge it. We also advise on family provision claims, on what happens if a will fails entirely, and on an executor’s duties and exposure when the will they are working from is unclear.
Frequently asked questions about DIY wills in Queensland
Is an online will valid in Queensland?
It can be. An online will is valid if it is printed and signed by the will maker in the presence of two witnesses who are present at the same time, the witnesses then sign it in the will maker’s presence, and the will maker had capacity and understood what they were signing. Its validity comes from how it was made, not from who supplied the template.
Does a will need to be witnessed by a lawyer or a JP in Queensland?
No. Witnesses do not need any qualification. They must be present together when the will maker signs or acknowledges their signature, and they must be able to see the will maker sign. It is sensible to choose adults who receive nothing under the will and who are likely to be contactable later.
What makes a will invalid in Queensland?
The usual reasons are a failure to meet the signing and witnessing requirements, lack of capacity, the will maker not knowing and approving of the contents, undue influence or fraud. A will can also be revoked by a later will, by the will maker destroying it with the intention of revoking it, or by the will maker’s marriage. Divorce and the end of a de facto relationship revoke gifts to the former partner rather than the whole will.
Can a will be fixed after someone dies?
Sometimes. The Supreme Court can accept an informal document as a will, rectify certain errors and interpret unclear wording. Each of these requires a court application, and an application to rectify a will must generally be made within six months of the death.
Can I contest a DIY will?
Yes, on the same grounds as any other will. Separately, if you are the deceased’s spouse, child or dependant, you may be able to make a family provision claim even if the will is entirely valid.
How long do I have to contest a will in Queensland?
For a family provision claim, give the executor written notice within six months of the death and start court proceedings within nine months of the death. Other kinds of dispute follow different rules, so get advice as early as you can.
What happens if the original will cannot be found?
If the will was last in the will maker’s possession, the law presumes they destroyed it intending to revoke it. A copy can sometimes be admitted to probate by court order if that presumption can be overcome. Store your original safely and make sure your executor knows where it is.
Does my will cover my superannuation?
Not automatically. Your super is paid by your fund’s trustee under the fund’s rules and any valid death benefit nomination. Review your nomination, and whether it lapses, alongside your will.
Talk to a will dispute lawyer in Brisbane or on the Gold Coast
ROC Legal acts in will and estate disputes in Brisbane, on the Gold Coast and across Queensland. Whether you are an executor trying to administer an estate, a beneficiary who has been left out, or a family member who believes a will does not reflect what was intended, we can help you understand where you stand and what to do next.
Your first consultation is free and confidential, with no obligation to proceed. Call ROC Legal on 1300 196 219 or request a consultation to discuss your situation.
This page provides general information about Queensland law as at October 2026. It is not legal advice and should not be relied on as a substitute for advice about your own circumstances.