Ever scribbled your final wishes on paper or told a loved one what you want after you’re gone? You’re not alone. Many people believe an informal will, like a handwritten note or a spoken wish, is enough. But the truth? It’s not that simple.
At Securator Legal, we help clients understand the risks of relying on a handwritten will or an oral will. These informal approaches might feel personal, but they often don’t meet the legal standards under Queensland law.
And when they don’t, your estate and your loved ones are left to deal with the confusion.
In this article, you’ll learn:
- What makes a will legally valid
- The rules around handwritten and oral wills
- How courts decide if informal wills count
- Why formalising your will is the safer choice
Let’s look at what you need to know to protect your wishes and make sure your writing stands up in court.
What Makes a Will Legally Valid in Queensland?
To be recognised as a valid will in Queensland, the document must meet specific legal requirements. These are outlined in the Succession Act 1981 and supported by guidelines in the Wills Act 1997 (Vic). While the Wills Act itself is from Victoria, its principles help interpret formal will structures Australia-wide.
Here’s what the law requires for a will to be legal in Queensland:
- The will must be in writing.
- It must be signed by the person making the will.
- Two witnesses must be present at the time of signing, and they should not be beneficiaries.
These formal requirements protect your wishes and help avoid legal disputes. Without them, your will might be challenged or even declared invalid during probate.
Based on our firsthand experience, even small mistakes like signing in the wrong spot or using the wrong witnesses can create delays and confusion. The law expects precision and consistency when it comes to documenting your final intentions.
A clearly written, correctly signed and witnessed will gives your instructions legal weight and keeps things smooth for your family.
So what happens when someone skips those steps? Let’s talk about informal wills.
Understanding Informal Wills
Understanding an informal will is important because it helps you see the legal gaps that could leave your final wishes unprotected. These wills can take several forms, including handwritten notes and verbal declarations.
Handwritten Wills (Holographic Wills)
A handwritten will, also called a holographic will, might seem personal and sincere, but it doesn’t always meet legal standards. In Queensland, courts may accept it if the document meets a few requirements.
- Is it entirely the will-maker’s writing
- Clearly shows what they intended
- Contains enough detail to reflect a genuine final will
But there’s no guarantee. Courts will ask if it looks like a to-do list or a heartfelt letter, or if it was meant to direct an estate. Forgetting to sign or date it can lead to the will being challenged or rejected.
Pro Tip: Store a handwritten will in a secure place and let a trusted person know where to find it. The easier it is to prove your intent, the better chance it has of being accepted.
Oral Wills (Verbal Declarations)
An oral will carries the highest risk. There’s no paper trail, just someone’s word. To accept it, a court needs credible evidence, such as a recording or testimony from witnesses present during a crisis or medical emergency.
Even then, it’s tough. Oral wills often come down to memory and interpretation, which makes legal validation difficult.
That’s why it’s so important to write things down properly. Informal wills may get accepted in special cases, but they should never be the plan. Clear documents make your wishes stronger and your estate easier to manage.
Now, let’s explore how courts handle these informal wills and what convinces a judge they should count.
How Courts Decide If an Informal Will Is Valid
Courts in Queensland can decide that an informal will is legally valid only when they’re satisfied that it truly reflects what the deceased intended. The Supreme Court uses Section 18 of the Succession Act 1981 to assess these cases.
Judges look for:
- A document or record, like a note, email, or even a video
- Clear testamentary intentions (that the person wanted it to act as their final will)
- Supporting evidence, such as witness statements, medical context, or previous will drafts
The court also examines the wording and tone to determine the testator’s intention. Was the person giving instructions, or just thinking out loud? Did they tell anyone they were making a will?
Pro Tip: If a handwritten or informal document is all you have, include a clear statement that it’s meant to serve as your last will.
Honouring Your Wishes Starts with Legal Clarity
Writing a valid will is one of the most important steps you can take to protect the people you care about. But if it’s not done properly, your final wishes might be misunderstood, delayed, or even ignored.
In this article, we’ve looked at what makes a will valid in Queensland. We’ve also explained how courts try to honour informal wills when possible. However, the process can be uncertain and stressful for everyone involved.
That’s why having a formal will matters so much. Taking the time to put your wishes in writing, with the right legal support, is one of the clearest ways to ensure your legacy is handled just as you intended.
A lawyer can help you, as a will-maker, make sure your documents reflect your true intentions and meet the standards of validity. And for further assistance, we’re always available for you.
