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  • Writer's pictureEvan Sarinas

The Essential Need for a Will in Queensland: Safeguarding Your Legacy

In Queensland, as in many jurisdictions, the importance of having a legally valid will cannot be overstated. A will is more than just a document; it's a critical tool for estate planning that ensures your assets are distributed according to your wishes after your passing.

This blog explores why every adult in Queensland should consider creating a will, regardless of their age or wealth.

Table of Contents


Control Over Asset Distribution


Without a will, your assets will be distributed according to the rules of intestacy as laid out in the Succession Act 1981 (Qld). This may not align with your personal wishes or the needs of your beneficiaries.

A will provides the opportunity to specify who receives what, ranging from real estate to personal items and financial assets, thus preventing potential disputes among family members.


Protection for Your Children


For parents, a will is indispensable for making provisions for the care of minor children. It allows you to appoint a guardian for your children in the event of your death, ensuring they are cared for by someone you trust.

Without such specifications, the decision on guardianship could fall into the hands of the court, which might not align with your parental preferences.


Minimising Legal Disputes


Having a clear, legally valid will can reduce the likelihood of disputes among your relatives. When your wishes are explicitly documented, it eliminates ambiguity that can often lead to legal challenges.

This is particularly crucial in blended families where the absence of a will can intensify conflicts.


Efficiency and Cost Savings


Dealing with an intestate estate (one without a will) can be a lengthy and costly process. It can take more time to settle and may involve additional legal fees, reducing the inheritance your beneficiaries receive.

By having a will, you streamline the estate administration process, potentially saving your estate significant amounts of money and time.


Flexibility and Peace of Mind


A will offers flexibility and can be updated as your life circumstances change, such as new family members, marriages, divorces, or asset acquisitions.

This adaptability ensures that your current wishes are always represented in your estate planning, providing you and your family peace of mind.


Charitable Giving


If you are inclined to support charitable causes, a will allows you to include such provisions to leave a legacy that reflects your values and contributions to society. This is something that cannot be accomplished through the rules of intestacy.


Avoiding Unintended Beneficiaries


Under the intestacy rules, your assets might end up with distant relatives or even revert to the state if no eligible relatives are found. A will ensures that your assets go exactly to whom you intend, potentially preventing unintended individuals from claiming a stake in your estate.




The creation of a will is a fundamental aspect of estate planning that offers numerous benefits, from ensuring your assets are distributed according to your wishes to providing for your children and minimising future disputes.

Given the complexities involved in drafting a will that accurately reflects your intentions and complies with legal standards, it is advisable to consult with a legal professional who specialises in wills and estates.

They can provide tailored advice and ensure that your will is valid and effective under Queensland law. This simple step can make a significant difference in how smoothly your estate is settled and can be one of the most important acts of consideration and care you show your loved ones.

To ensure that your estate is settled smoothly and your wishes are accurately represented, it's crucial to consult with estate planning lawyers.

At Sarinas Legal, our experienced team understands the intricacies of Queensland's laws and can provide you with tailored advice to draft a legally valid and effective will.

Don't leave your legacy to chance contact Sarinas Legal today to take the first step towards securing your family's future.

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