Do you need a lawyer to make a will in Queensland?

TLDR: In Queensland you can legally write your own will without a lawyer – but a DIY kit is easy to get wrong, and the mistakes only surface once you’re gone. If you own property, have a blended family, or just want it done right, a wills lawyer is money well spent. Empire Legal’s wills and estates lawyers draft fixed-fee wills from $500 across Brisbane, Bayside and the Gold Coast. Call 07 3088 7675 or book in online.

Here’s the honest answer to a question we hear all the time: no, you don’t legally need a lawyer to make a will in Queensland. You can grab a kit, fill it in at the kitchen table, and tick the box.

But “can” and “should” are two very different things.

Making a will is one of those jobs that sits at the bottom of the to-do list for years, then gets rushed. And when a homemade will goes wrong, you’re not around to fix it – your family is. So let’s run through when a DIY will is fine, and when you really want a will lawyer in your corner.

Can you legally write your own will in QLD?

Yes. Queensland law doesn’t require your will to be drafted by a solicitor. To be valid, it generally needs to be in writing, signed by you, and witnessed by two people who are present at the same time and aren’t beneficiaries.

Sounds simple enough. The catch is that getting any one of those details wrong can sink the whole thing. A will that isn’t signed or witnessed properly can be challenged, partly ignored, or thrown out entirely – and then Queensland’s intestacy rules decide who gets what, not you.

Where DIY wills go wrong

Will kits are built for the simplest situations. Most people’s lives aren’t that simple. The traps our wills and estates lawyers see again and again:

• Vague wording – “I leave everything to my kids” sounds clear until the kids disagree on what “everything” means.
• Blended families – second marriages, stepchildren and exes are where DIY wills cause the most heartbreak.
• The family home – how your property is owned (joint tenants vs tenants in common) changes what your will can actually do with it.
• Superannuation – your super usually sits outside your will unless you’ve set up a binding death benefit nomination.
• Signing slip-ups – the wrong witnesses, a missing signature, or notes scribbled in later that simply aren’t valid.

When you really need a wills lawyer

If any of these sound like you, get proper advice rather than rolling the dice:

• You own property, run a business, or have meaningful assets.
• You’ve got a blended family, or someone you’d rather leave out.
• You have young children and need to name guardians.
• You want a testamentary trust to protect assets or provide for someone over time.
• You’re worried someone might contest your will.

This is bread-and-butter work for a wills and estates lawyer. We’ve seen how these situations play out, so we draft for the curveballs before they happen.

What a will lawyer actually does for you

A good will lawyer doesn’t just type up your wishes. They ask the questions you didn’t think to ask, spot the gaps, make sure the document is watertight, and structure things so your estate passes the way you want – with as little tax and friction as possible. They’ll also flag the bits that pair with a will, like an enduring power of attorney and an advance health directive, so the whole picture is covered. That’s the difference between a wills lawyer and a $30 kit.

What it costs at Empire Legal

We keep it refreshingly simple. Fixed-fee wills start from $500 (per person for a couples will), so you know the price before we start – no hourly clock ticking away in the background. Most simple wills are drafted, reviewed and signed within a week or two. Need something more involved, like a trust or complex assets? We’ll walk you through it and quote up front.

Not sure whether you’re a DIY job or a “get the lawyer” job? That’s exactly what a quick chat sorts out. Talk to our wills and estates lawyers in Brisbane and on the Gold Coast, or read our guide on how much a will costs in QLD.

Frequently asked questions

Is a handwritten will valid in Queensland?
It can be, if it’s signed and witnessed correctly. But handwritten wills are far more likely to be ambiguous or challenged, so they’re risky.

How much does a will cost in QLD?
Anywhere from a cheap DIY kit to several hundred dollars for a lawyer-drafted will. At Empire Legal, fixed-fee wills start from $660 for an individual, and are cheaper for couples!

How long does it take?
Most simple wills are done within one to two weeks from your first chat.

Can I update my will later?
Yes. You should review it after big life events – marriage, divorce, kids, buying property, or a death in the family.