30th June, 2025
It’s something we all know we should do -but most of us put it off. Writing a Will often feels like a task for “later in life” or after something big happens. However, real-life stories show that delaying your estate planning can have serious consequences.
In fact, millions of dollars have recently been handed over to the Queensland government because no valid Wills were in place.
According to the Public Trustee of Queensland, $2.95 million from just ten deceased estates was transferred to the Queensland Government between 2020 and 2024. In one case, $2 million from a single estate went directly to Treasury. Why? Because either the deceased had no Will, or no beneficiaries could be found. You can read the full article here.
This situation is not just unfortunate – it’s preventable.
What Happens If You Die Without a Will?
When someone dies without a Will (known as dying intestate), state laws decide who gets what. In New South Wales, the Succession Act 2006 applies and Queensland, the Succession Act 1981 applies. These Acts distribute your estate to your next of kin in a fixed order. However, it only goes as far as first cousins. That means friends, extended relatives, and even life partners may miss out.
Worse still, if no eligible family members can be found, the entire estate goes to the government. That’s not just a financial issue – it can leave families facing long legal processes, unexpected costs, and emotional stress. Some estates even require professional genealogists to trace family trees, which makes everything slower and more expensive.
Why a Will Matters
Many people believe they’re too young or don’t have “enough” assets to need a Will. But a Will isn’t just for the wealthy or elderly. It’s for anyone who wants to:
- Decide who inherits their assets
- Appoint a guardian for their children
- Leave gifts to friends or charities
- Avoid conflict among surviving family members
Even a simple, valid Will ensures your wishes are clear and legally protected.
Changes Are Coming
The Queensland government began reviewing the Succession Act in 2023 to modernise inheritance laws. Suggestions include redefining the meaning of “spouse” and restricting who can contest Wills. However, after a change in government, the review was left unfinished.
Regardless of any legal reforms, one thing is clear – the best protection for your estate is a legally valid Will, written with expert advice.
We’re Here to Help
At Castrikum Adams Legal, we make the process of creating or updating your Will simple and easy. Whether you’re writing your first Will or reviewing an old one, our experienced lawyers will guide you through every step.
Don’t leave it to chance. Contact us today on 66 871 167 to safeguard your legacy and protect the people you care about.