Review My Will: Protecting Your Estate Plan in Queensland

Creating a Will is one of the most important legal steps you can take, but many people forget that estate planning is not a one-time task. If you haven’t taken time to Review My Will in recent years, your document may no longer reflect your current wishes, family circumstances, or financial position.

In Queensland, Wills are governed primarily by the Succession Act 1981. This legislation outlines how a Will must be executed, how it can be revoked, and who has rights to contest it. Even small life changes can have major legal consequences if your estate plan is outdated.

Why It’s Important to Review My Will

Life evolves, and your Will should evolve with it. A proper review ensures:

• Your executors are still appropriate and willing to act

• Your beneficiaries are correctly named

• Your assets are accurately described

• Your wishes align with current Queensland law

Failing to Review My Will after significant life changes can lead to disputes, delays, or unintended outcomes.

Key Life Events That Trigger a Review

Certain events require immediate attention:

Marriage: Under Queensland law, marriage may revoke a previous Will unless drafted in contemplation of marriage.

Divorce or Separation: Divorce affects gifts and executor appointments, but separation alone does not automatically remove an ex-partner.

Birth of Children or Grandchildren: New dependents should be considered to avoid future family provision claims.

Significant Asset Changes: Purchasing property, starting a business, or receiving an inheritance should prompt you to review your estate structure.

If any of these apply, it’s time to Review My Will with professional guidance.

Risks of DIY or Online Will Reviews

Online templates may appear convenient, but they often fail to meet strict legal requirements. Errors in wording, witnessing, or structure can render a Will invalid. Estate litigation in Queensland is increasingly common, and poorly drafted documents are a major cause.

Experienced solicitors ensure compliance with the Guardianship and Administration Act 2000 and the Powers of Attorney Act 1998 where relevant, especially when reviewing Enduring Powers of Attorney alongside your Will.

Professional Guidance You Can Trust

At Aylward Game Solicitors, clients across Brisbane, Gold Coast, and Sunshine Coast receive tailored estate planning advice. Their team ensures every Review My Will consultation is comprehensive, legally compliant, and aligned with your long-term goals.

Estate planning is not just about assets, it’s about protecting family relationships and reducing future stress.

Frequently Asked Questions

1. How often should I review my Will?

Every 2-3 years, or after major life changes.

2. Does marriage cancel my Will in Queensland?

Yes, unless drafted in contemplation of marriage.

3. Does separation automatically remove my former partner?

No. Only divorce triggers automatic revocation of certain provisions.

4. Can I review my Will online?

You can, but legal review is strongly recommended.

5. Who can contest a Will in QLD?

Spouses, children, and dependents may apply under family provision laws.

6. Is superannuation covered by my Will?

Not automatically. A binding nomination is required.

7. Who can view a Will after death?

Entitled persons under Queensland law may request a copy.

8. What if my executor has died?

Your Will should be updated to appoint a substitute executor.

9. How long do I have to contest a Will?

Strict time limits apply, generally 6 months in Queensland.

Contact Aylward Game Solicitors

Call: 07 3236 0001
Email: mail@aylwardgame.com.au

Article Source: Review My Will In Queensland

Early Super Access! How to exercise your rights during COVID-19

Needing early super access? You’re not alone.

In the wake of the recent COVID-19 pandemic, the Government has allowed early access to superannuation funds for a certain group of people and traders. Although the early access prescription appears easy to follow, there can be cases that fall on the eligibility borderline. The scales weigh more on the side of eligibility rather than the ineligibility side of early access for the applicant. The simple consequence of this misinterpretation could risk an eligible applicant becoming an ineligible one. 

What did the Government say?

The Government would allow early access to the super funds by those affected by the COVID-19 crisis. Basically, an eligible super funds member can withdraw $10,000.00 this financial year which ends on 30 June 2020, and another $10,000.00 next financial year which starts as of 1 July 2020. This is tax-free the Government said.  The measure is designed to address the existing hardship on the eligible individuals and traders to whom this new ruling would apply. 

I am currently employed but my wife has been made redundant. Can we both apply for early access to our super funds?

If you are still working and it is only your wife who has been made redundant after 1 January 2020, then your wife can only exercise her right of early access to her super funds. To become eligible, she needs to show that either: 

• As an individual, she was made redundant by her employer, or her working hours reduced by 20% or more; or
• As a sole trader, her business has suffered a 20% or more reduction in her turnover.

I am unemployed but receive a job seeker payment. Can I still apply for early access to my super funds? 

Yes, you can.

I receive a youth allowance for job seekers. I have not many funds left in my super. Can I still apply for the early access, or do I need to have a minimum available in my super funds?

Yes, you can. So far the Government has not set a benchmark for the available funds in a super account. The Government has however defined the maximum that can be withdrawn from the super funds in this and next financial year.

I currently receive parenting and some other special payments from Centrelink, can I still apply for early access to my super funds?

Providing you meet the individual, or, the sole trader tests above, yes you can.

Having read your article here, I now know that I am eligible to have early access to my super funds, how do I do it?

Applications are to the ATO via the My Gov website. The process is pretty simple. The ATO will verify the applicant, assess the application, record the bank account details, and make a decision. The ATO will then direct the nominated fund to release the requested amount to the bank account specified by the member. It is essential to know is that the member does not need to contact his/her super funds at all in the process.

Just so I could educate myself, what is the total amount that this scheme will allow to be accessed from the super funds, and how much more will be left in the super after?

According to the Government, it is estimated that around $27 billion funds might be taken out via early release, however, this is less than 1% of a circa $3 trillion superannuation in the system owned by the Australian members.

Article Source: Early Super Access