Will Kits in Queensland: Signing and Witnessing Rules

Queensland has one of the clearest official offers for anyone thinking about a will kit: the Queensland Public Trustee will prepare a will for free. If you still want to do it yourself, the Succession Act 1981 sets out how the will must be signed and witnessed, and it has a rule about witnesses who are also beneficiaries that can cost someone their gift. This page covers both, checked on 30 October 2026.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

Queensland will rules at a glance

We read the Succession Act 1981 reprint marked current as at 28 April 2026 on the Queensland legislation website.

What makes a Queensland will valid

Section 10 of the Succession Act 1981 says a will must be:

• in writing
• signed by you, or by someone else in your presence and at your direction
• signed or acknowledged by you in the presence of 2 or more witnesses present at the same time

At least two witnesses must then sign the will in your presence, though not necessarily in each other's presence. The section adds some details that matter for kit wills:

• the witnesses don't need to know the document is a will
• the signatures don't have to be at the foot of the will
• a will doesn't need an attestation clause, the wording that describes how it was signed
• a person who can't see and attest that you signed can't be a witness

Queensland Public Trustee's FAQs summarise it as a will in writing, signed and dated in the presence of two witnesses over 18 years of age, and say a witness should not be someone who benefits from the will.

Beneficiaries as witnesses: the Queensland rule

Section 11 deals with an "interested witness", meaning a person who witnesses a will that gives them something. The gift is void as far as it concerns that witness, unless one of these applies:

• at least 2 of the people who witnessed the will are not interested witnesses
• everyone who would benefit from the gift failing consents in writing, and has capacity to consent
• a court is satisfied you knew and approved of the gift and made it freely and voluntarily

The will itself survives. The witness's gift is what is at risk. The simplest protection is two witnesses who receive nothing under the will, which is also what Queensland Public Trustee recommends. Don't ask your partner or children to witness if they are beneficiaries.

Is a will kit legal in Queensland?

Yes, a will made with a kit can be valid in Queensland if it meets section 10 and you had capacity. Queensland Public Trustee's FAQs are frank about the risks. They say writing a will yourself or using a kit can be risky because it may not be properly signed and witnessed, or the wording may not achieve what you want. They also note there is generally a cost for a self-made will kit, though you may be able to pick one up free of charge.

Weigh that against Queensland Public Trustee's free service before buying a kit. Our guide to whether a will kit is legal sets out the conditions that apply across Australia.

Queensland Public Trustee's free will service

Queensland Public Trustee's wills service page says it provides a free will-making service and has been helping people make wills since 1916. According to that page, the service includes:

• an impartial witness to your will
• a new will when your circumstances change, free of charge
• signing in its office, where it makes sure the will is correctly witnessed

Its FAQs say most couples make their wills together, but each person has an individual will, and it generally doesn't recommend anyone apart from your spouse coming into the interview, because other people's presence could be used to challenge the will.

Marriage, civil partnership and divorce

The Succession Act sets out what life changes do to a Queensland will:

• Marriage. Section 14 says marriage revokes a will. Gifts to, and appointments of, the person you are married to at your death survive. A will made in contemplation of a particular marriage isn't revoked by it, and a will stated to be made in contemplation of marriage generally isn't revoked by your marriage.
• Civil partnership. Section 14A applies the same rule when you enter a civil partnership.
• Divorce or annulment. Section 15 revokes gifts to your former spouse, their appointment as executor, trustee, advisory trustee or guardian, and certain powers of appointment, with exceptions for trusts and powers that benefit your children.

Queensland Public Trustee's FAQs say marriage or divorce can affect your will, so consider updating it. They also warn against writing changes on your original will, because alterations can cause problems after you die. Make a new will instead. See our guide to updating a will.

Who can make a will in Queensland

Section 9 says a will made by a minor is not valid, with exceptions. A minor may make a will in contemplation of marriage, a married minor may make, alter or revoke a will, and a court can authorise a will. Queensland Public Trustee's FAQs also say a will is still valid without an executor, though it recommends naming one so someone oversees that your will is carried out.

Enduring power of attorney in Queensland

A will doesn't help while you're alive and unable to make decisions. For that, Queensland uses an enduring power of attorney. Queensland Public Trustee's EPA FAQs say:

• only certain people can witness it: a justice of the peace, a commissioner for declarations, a lawyer or a notary public
• you can get a form and do it yourself, though you may want a professional to check the clauses and witnessing
• it offers a free safe custody service for the original document

That witness list is stricter than for a will. See our power of attorney guide.

If you die without a will in Queensland

Queensland Public Trustee's FAQs say it is not always the case that everything passes to your spouse if you don't have a will, and that your estate can be distributed under the Succession Act 1981. Its wills service page gives a real example where an estranged father collected a large payout because there was no will. Our guide to dying without a will explains how intestacy works.

Overseas assets

Queensland Public Trustee's FAQs say the laws around wills and deceased estates vary from country to country. If you own assets overseas, it says you should consider making a will that meets that country's legal requirements and check with a lawyer there. A kit written for Australian law won't cover that.

Frequently asked questions

How many witnesses do I need for a will in Queensland?

Two or more, present at the same time when you sign, under section 10 of the Succession Act 1981. Queensland Public Trustee says the witnesses should be over 18.

Can a beneficiary witness a will in Queensland?

They can sign, but under section 11 their gift may be void unless at least two other witnesses aren't beneficiaries, the affected people consent in writing, or a court approves.

Is the Public Trustee will really free in Queensland?

Queensland Public Trustee says its will-making service is free, and that a new will to reflect changes is also free of charge.

Can a JP witness a will in Queensland?

Yes. Any adult who can see and attest you signing can witness a will. A JP is also one of the people who can witness an enduring power of attorney.

Does a will need to be dated in Queensland?

Section 10 doesn't list a date as a requirement, but Queensland Public Trustee says a will should be signed and dated in the presence of two witnesses. Date it.

Can I change my will by writing on it?

Queensland Public Trustee advises against it. Make a new will, because alterations on the original can cause problems later.