Who can make a Will in Queensland?

Adele Anthony

Adele Anthony

Principal Lawyer at Your Legacy Lawyer

In Queensland, if you are over the age of 18 years you can make a valid Will, but you must be of sound mind, memory and understanding. That means that you must have no cognitive impairment, you must be able to retain information into memory and you must understand that you are making a Will and what that means.
If you are under 18 but are married you can also make a valid Will.
If you are elderly and want to make or alter your Will, questions surrounding your mental capacity may arise. When a lawyer is taking instructions from an elderly person, they must be 100% satisfied that the elderly person understands that they are making a Will and the consequences of its provisions.
If you are a minor (child under the age of 18 years) you can make, revoke or alter a Will with the approval of the Supreme Court. Before it will approve a minor making a Will, the Court will need to be satisfied that you understand the nature and effect of the proposed Will and the extent of your property and that the proposed Will aligns with your intentions.
The Court can also make, revoke or alter a Will for a person with impaired mental capacity. Before it does so, the Court must satisfy itself that the proposed Will is one that the person would have made had they the requisite capacity. If the Court allows the making of the Will as proposed, once it is signed, it will be as valid as any other Will.
Above all, if you are making a Will, it must be if your own free choice and without any pressure from anybody else.

If you need to update your Will, or make one, please do not hesitate to contact YOUR LEGACY LAWYER to make a mutually convenient appointment to discuss your circumstances. 

Adele Anthony  

Ph: 0417 012 991 

Email: adele.anthony@yourlegacylawyer.com.au  

Adele is based in Toowoomba and assists clients across Toowoomba and Darling Downs (and surrounds), Warwick, Dalby, Brisbane, the Gold Coast and the Sunshine Coast. 

Jacinta Rea 

Ph: 0422 582 161 

Email: jacinta.rea@yourlegacylawyer.com.au 

Jacinta is based in Mareeba and assists clients across the Atherton Tablelands (and surrounds), Mareeba, Cairns, Port Douglas, Innisfail and more. 

Be prepared

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