When a loved one passes away, the grief can be overwhelming. The last thing any family should face during such a vulnerable time is the uncertainty and legal complications that come with a missing or invalid will. Yet every year in North Brisbane and across Queensland, families are forced to navigate these complex challenges due to a loved one dying intestate, without a valid will.
At Terry Anderssen Lawyers, we draft Wills and look after Estate matters, and we’ve seen firsthand the toll this can take. In this article, we’ll explain why having a properly prepared will is essential, how the Succession Act 1981 (Qld) comes into play when there is no will, and what that means for your family and estate.
The Hidden Cost of Not Having a Will
Many people put off creating a will, some think they’re too young, others assume their assets will “automatically go to family.” Unfortunately, this assumption can lead to serious consequences.
If you die without a valid will in Queensland, your estate is distributed according to the Succession Act 1981 (Qld). This legislation determines who receives your assets, and in what proportion, based on a strict formula. While this might sound straightforward, in reality, it often causes confusion, conflict, and costly legal proceedings among your loved ones.
What Happens When You Die Without a Will in Queensland?
Under the Succession Act, if you die intestate:
- Your spouse and children may receive shares of your estate according to a fixed hierarchy, not necessarily what you would have chosen.
- If you have no spouse or children, your estate may be divided among extended family, even those you had little or no relationship with.
- If no relatives can be located, the State of Queensland can ultimately inherit your estate.
In many cases, family members must apply to the Supreme Court of Queensland for a grant of letters of administration, a process that can be lengthy, costly, and emotionally draining. If disputes arise between potential beneficiaries, the stress on your loved ones multiplies.
Real-World Impact: The Emotional and Financial Toll
Imagine a grieving spouse suddenly thrust into a legal maze, unsure of how to access joint bank accounts, manage superannuation entitlements, or secure a family home. Without a clear, legal will:
- Bank accounts may be frozen
- Property may be delayed in transfer
- Children’s inheritance may be locked in trust
- Family disagreements may escalate to legal disputes
All of this during a time of emotional devastation. At Terry Anderssen Lawyers, we’ve assisted countless North Brisbane families trying to pick up the pieces after a loved one’s death, and we know that much of this stress is avoidable.
The Peace of Mind a Will Provides
A professionally drafted will gives you the power to:
- Choose who inherits your assets
- Appoint guardians for your children
- Decide who will act as your executor
- Include directions for funeral arrangements
- Minimise the risk of family disputes or legal challenges
More importantly, a valid will ensures that your loved ones are protected and supported during a very difficult time.
Why Work with a Wills & Estates Lawyer in North Brisbane?
While DIY wills may seem convenient, they often fall short of legal requirements, leading to disputes or the will being invalid altogether. As experienced Wills and Estates lawyers based in North Brisbane, we ensure that your will:
- Complies fully with Queensland law
- Reflects your wishes clearly and legally
- Takes into account complex family structures or asset holdings
- Includes enduring powers of attorney or estate planning if needed
Don’t Leave Your Legacy to Chance
Your estate is more than just money and property, it’s your final gift to the people you care about. Taking the time to create a legally sound will is one of the most thoughtful and responsible things you can do for your family.
If you’re ready to create or update your will, or need advice about an estate matter, our team in North Brisbane is here to help with compassion, clarity, and expert legal guidance. Give us a call on (07) 3350 4417 or fill out the form on our Contact Us page to get started. We proudly service North Brisbane and surrounding suburbs.
Let us help you protect your family’s future, because peace of mind is the greatest legacy you can leave.