4 As Queensland’s property market continues to soar, legal experts are sounding the alarm over the growing number of people who risk leaving their estates in chaos due to out-ofdate, invalid, or nonexistent wills. According to Senior Estate Lawyer Kauri Burgess of Aylward Game Solicitors, the consequences of poor estate planning can be both financially and emotionally devastating for families left behind. “A will is not just a formality — it’s a legal tool that gives your family clarity, control, and certainty,” Ms Burgess said. “Without it, your legacy could end up somewhere you never intended.” Property Values Pushing Estates Into The Millions With the median home price in Brisbane now exceeding $1 million — and similar growth seen across the Gold Coast and regional centres — more Australians are leaving behind substantial estates. That increase in value is creating a rise in estate-related disputes. This trend was recently explored in an ABC News report, “Lawyers urge Australians to ensure valid will in place as house prices rise”, published on 16 September 2025. It highlighted how: • Over 60% of Australians now die without a valid will, • More than 1,400 contested estate matters were filed in NSW in 2024 alone. Although the article focused on New South Wales, the issue is equally pressing in Queensland, where the Public Trustee of Queensland may be appointed to administer estates where no valid will exists. Without A Valid Will, Your Family Loses Control Dying without a will — known as dying intestate — means your estate will be distributed under the Succession Act 1981 (QLD). In practice, that means: • You have no control over who inherits your assets, • Your loved ones may need to apply to court to administer your estate, • The Public Trustee may become involved, leading to further costs and delays. “We've seen families struggle for years simply because someone assumed their estate would 'work itself out'. That’s just not the case under Queensland law,” Ms Burgess said. Superannuation: The Forgotten Asset One of the most commonly misunderstood elements of estate planning is superannuation. Many Australians assume it’s automatically part of their estate — but that’s not true. Unless you’ve lodged a binding death benefit nomination with your super fund: • Your super won’t necessarily go to the people named in your will, • The trustee of your super fund will decide who receives it. “More than 6.5 million Australians are exposed to this risk,” Ms Burgess warned. “And many don’t find out until it’s too late.” DIY Wills Causing Legal Headaches The rise of DIY will kits and online templates has also added to the problem. “These documents often fail the basic legal requirements in Queensland,” Ms Burgess explained. “We frequently see wills that are improperly signed or witnessed, or so vague that they’re unenforceable.” In Queensland, a will must be: • Made by someone with testamentary capacity, • In writing, • Signed in front of two independent adult witnesses, present at the same time. Failure to meet these requirements may result in the will being declared invalid, and the estate distributed as if there were no will at all. When Should You Review Your Will? Ms Burgess advises Queenslanders to review their wills every three to five years, or immediately after major life changes, such as: • Marriage or divorce, • The birth of children or grandchildren, • Buying or selling property, • Starting or ending a business, • Changes to superannuation, tax, or property law. “Recent changes to land tax and superannuation caps have already prompted many Queenslanders to seek updated estate planning advice,” she noted. A Simple Will Is Not Always Enough While a basic will might cover the essentials, more complex estates — especially those involving multiple properties, blended families, or business interests — require careful legal drafting. “Estate planning is not just about who gets what — it’s about how and when they get it, and how to reduce the risk of disputes,” Ms Burgess said. Take Control Of Your Legacy “Preparing a valid, comprehensive will is one of the most important things you can do for your family,” Ms Burgess said. “It gives you peace of mind — and protects your loved ones from unnecessary stress and expense.” Need Help With Your Will? Aylward Game Solicitors offers expert estate planning advice tailored to your personal and financial circumstances. Contact Senior Estate Lawyer Kauri Burgess Brisbane | Gold Coast | Sunshine Coast www.aylwardgame.com.au info@aylwardgame.com.au (07) 3236 0001 This article references a report originally published by ABC News: “Lawyers urge Australians to ensure valid will in place as house prices rise” (16 September 2025), by business correspondent David Taylor. This article is general legal information and does not constitute legal advice. Please consult a solicitor for advice tailored to your individual situation. See advertisement front page Queenslanders urged to update their wills as property prices surge By Aylward Game Solicitors – Senior Estate Lawyer Kauri Burgess Senior Estate Lawyer Kauri Burgess
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