How much does probate cost in Queensland?

At Fulljames Law, our fixed legal fee for a standard Grant of Probate application in Queensland is $1,485 including GST, plus the Supreme Court filing fee and advertising costs.

Do all estates require probate in Queensland?

No. Probate is only required when the institutions holding the deceased’s assets require a Grant of Probate before releasing or transferring those assets.

When is probate required?

Probate is required when the deceased owned assets solely in their name and those assets cannot be accessed or transferred without a Grant of Probate issued by the Supreme Court of Queensland. This commonly includes real estate, substantial bank balances, and shareholdings.

When is probate not required in Queensland?

Probate is not required in Queensland where assets can be transferred without a Grant of Probate. This usually includes jointly owned assets such as property held as joint tenants, smaller bank balances that institutions may release without probate, often under $50,000 to $100,000, and some superannuation or insurance benefits paid directly to beneficiaries. Whether probate is required ultimately depends on the policies of the asset holders, not just the size of the estate.

How long does probate take in Queensland?

Probate in Queensland typically takes 6 to 10 weeks including advertising, preparation, lodgment and the court review period. The overall timeframe may be longer depending on whether the court issues requisitions, which are requests for more information.

How soon should probate be applied for after death?

There is no strict deadline to apply for probate in Queensland, but it is usually best to apply within a few months of death. Delaying probate can slow access to bank accounts, prevent property sales, and delay distributions to beneficiaries. In practice, many executors begin the process once they have the death certificate and key asset details, as early action helps avoid unnecessary delays and complications in administering the estate.

Who applies for probate in Queensland?

The executor named in the will is responsible for applying for probate in Queensland. If no executor is named or able to act, another eligible person may apply to the court for letters of administration instead.

What happens if you do not apply for probate?

If probate is not obtained when required, the executor may be unable to access or transfer assets held in the deceased’s sole name. This can delay the administration of the estate and prevent beneficiaries from receiving their entitlements.

What assets require probate in Queensland?

In Queensland, probate is typically required for assets held solely in the deceased’s name that cannot be transferred without court authority. This commonly includes real estate registered in one name, shareholdings, and larger bank accounts where institutions require a Grant of Probate before releasing funds. The requirement is determined by each asset holder’s policy, meaning some assets may be accessed without probate while others cannot.

Can you apply for probate yourself in Queensland?

Yes, but probate applications must comply with Supreme Court rules and document requirements. Errors can cause delays, requisitions, or rejection.

What does a Grant of Probate allow you to do?

A Grant of Probate gives the executor legal authority to administer the estate in accordance with the will. This includes collecting assets, paying debts, and distributing the estate to beneficiaries.

Can an executor be personally liable in Queensland?

Yes, an executor can be personally liable if they fail to comply with their legal duties, distribute the estate incorrectly, or do not properly account for debts and liabilities before making distributions.

Is an Online Will Enough to Protect Your Assets in Queensland?

Posted on 18/12/2025

An online will is a will created using a digital platform or template, usually by answering a questionnaire and generating a document without receiving personalised legal advice. Online will services can be convenient and often inexpensive, which is why many people in Queensland ask the same question: is an online will enough to protect my assets?

In Queensland, an online will can be legally valid if it meets the strict requirements under the Succession Act 1981 (Qld). However, legal validity does not always mean your will is clear, complete, or appropriate for your circumstances. If your situation involves property, blended families, business interests, superannuation, dependants, or significant assets, an online will may increase the risk of disputes, delays, or outcomes you never intended.

👉 Succession Act 1981 (Qld)

This article explains what an online will is, when it may be suitable, and when it can fall short. Most importantly, it outlines practical ways to protect your assets and reduce the risk of estate complications.

What is an online will?

An online will is generally produced through a website or app that asks a series of questions and then generates a will document based on your answers. Some services offer very basic templates, while others provide a more guided process.

What online wills usually have in common is this: they are built for general situations. They do not assess the full picture of your finances, family structure, or risk factors. They also cannot give tailored legal advice if something in your situation is complex or unusual.

Online wills may work well for people with very simple estates. But if your assets, family dynamics, or intentions are more complicated, the will may not do what you think it does.

Are online wills legally valid in Queensland?

In Queensland, a will must meet certain requirements to be formally valid. In most cases, this includes:

The will must be in writing
The person making the will must sign it
The signature must be witnessed by two people present at the same time
The witnesses must sign the will in the presence of the person making it

If these steps are not followed correctly, the will may be invalid. When a will is invalid, the estate can become more expensive and time-consuming to administer. In some cases, the estate may be treated as if there is no will at all, unless the Supreme Court accepts the document as an informal will.

Online will platforms can generate a document, but they cannot ensure that you sign and witness it correctly. Execution mistakes are one of the most common reasons a will fails.

Why an online will may not protect your assets the way you expect

When people say they want to “protect their assets,” they usually mean a few things:

Ensuring the right people receive the right assets
Minimising the risk of family disputes
Reducing delays and legal costs after death
Making administration easier for the executor
Avoiding unintended outcomes under intestacy laws

An online will can fall short in several ways.

1. The will might not match your actual asset structure

Many estates are not as simple as “I leave everything to my spouse.” Assets can be held:

Solely in your name
Jointly with someone else
Through a family trust
Through a company
As part of a business partnership
Via superannuation

Online wills often do not prompt you to consider how assets are owned and controlled. For example, jointly owned property may pass to the surviving joint owner regardless of what the will says. Trust assets may not be controlled by the will at all. Company shares may require specific planning.

If the will does not match the structure of your assets, it may not achieve your intended outcome.

2. Blended families and relationship complexity create risk

If you have children from a previous relationship, stepchildren, a new partner, or complicated family dynamics, a basic online will may not provide enough clarity or protection.

In Queensland, eligible people may be able to challenge a will through a family provision application. If your will does not clearly explain your intentions, or if it creates perceived unfairness, your estate may face dispute.

A well-drafted will, combined with strategic estate planning, can reduce ambiguity and help protect your assets from being consumed by legal costs and conflict.

3. Superannuation is not always controlled by your will

Many people assume superannuation automatically forms part of their estate. Often, it does not.

Superannuation may be paid according to a binding nomination, a non-binding nomination, or trustee discretion. If your superannuation planning is not aligned with your will, you can unintentionally leave a significant asset outside your intended distribution.

Online wills rarely address this properly. Estate planning should include a review of superannuation nominations and how they interact with your broader plan.

4. A template will can create ambiguity

Small wording issues can create big problems. Online wills tend to use general terms like “my children,” “my partner,” or “my estate.” That can cause uncertainty when:

Children are minors or financially dependent adults
Relationships change
Beneficiaries die before you
You want gifts to be distributed in specific proportions
You want to include conditions or protective measures

Ambiguity invites dispute. It also makes it harder for the executor to administer the estate with confidence.

5. Execution mistakes can invalidate the will

Even if the content is fine, a will can fail because it was not signed or witnessed correctly. This is a major issue with online wills because people often:

Sign without two witnesses present
Use witnesses who do not meet requirements
Sign pages incorrectly or incompletely
Misplace the final signed version

Fixing an execution problem often means court applications, delays, and extra cost.

When an online will may be enough

An online will may be appropriate if your situation is genuinely simple. For example:

You have modest assets held in straightforward ways
You have no business interests or trusts
You have no blended family issues
You are leaving everything to one primary beneficiary
You are confident you can execute the will correctly with proper witnesses

Even then, it is important to understand what the online will does and does not cover, and to ensure it reflects your specific intentions.

Even if an online will suits your situation today, major life events such as marriage, divorce, the birth of a child, or acquiring property can change whether it remains appropriate. It is important to regularly review and update your will as your circumstances evolve.
👉 Update your will

When you should speak to a lawyer instead

In Queensland, we generally recommend seeking legal advice if any of the following apply:

You own property, particularly if you have more than one property
You have children from a previous relationship
You want to provide for a partner and children in a balanced way
You own or operate a business
You are involved in a family trust or company structure
You have significant superannuation or insurance benefits
You want to include testamentary trusts or protective provisions
You are concerned about disputes or challenges to your estate
You have a beneficiary with disability, addiction issues, or vulnerability
You want your executor to have clear instructions and minimal stress

These are the situations where online wills often create risk. The cost of fixing estate problems after someone passes away is usually far greater than the cost of getting the documents right at the start.

If your situation involves property, business interests, blended families, or significant assets, tailored estate planning advice can provide greater certainty and protection.

👉 Tailored estate planning advice

If you are considering protective structures such as a testamentary trust, tailored drafting is essential to ensure the trust operates as intended.
👉 Testamentary trust

How to decide whether an online will is right for you

If you are trying to decide whether an online will is enough in Queensland, consider these questions:

Is my asset ownership straightforward, or are there trusts, companies, or joint ownership issues?
Could anyone reasonably dispute my will or claim they were left out unfairly?
Does my plan involve children, dependants, or blended family dynamics?
Do I understand what happens to my superannuation and insurance benefits?
Would my executor be able to administer my estate easily using this document?
Am I confident the will is signed and witnessed correctly?

If you hesitated on any of these, it is a sign that personalised legal advice may be the safer option.

How we can help at Fulljames Law

At Fulljames Law, we help Queensland individuals and families put clear, practical estate planning in place. Our approach is straightforward and supportive, with a focus on protecting your assets and making sure your wishes can be carried out with minimal stress for the people you leave behind.

If you are relying on an online will, or you have created one and are unsure whether it is enough, we can review your circumstances and help you understand the risks before they become problems.

Frequently asked questions

Are online wills legally binding in Queensland?

They can be, as long as they meet Queensland’s legal requirements for a valid will, including correct signing and witnessing. The main risk is not the online format itself, but whether the document is properly executed and appropriate for your circumstances.

What happens if my online will is not signed correctly?

An incorrectly signed will may be invalid. This can result in delays, additional legal costs, and court applications. In some cases, your estate may be treated as intestate if the will cannot be accepted.

Can an online will be contested in Queensland?

Yes. A will can be challenged regardless of how it was created. If the will is unclear, appears unfair, or your circumstances are complex, the likelihood of dispute can increase.

Does an online will cover superannuation?

Not always. Superannuation is often paid according to nominations or trustee discretion, not automatically through the will. Your estate plan should align your will with your superannuation nominations and overall intentions.

When is an online will usually not enough?

If you have property, a business, a blended family, significant assets, dependants, or concerns about dispute, an online will may not provide the protection you need. These situations often require tailored drafting and broader estate planning.

Ready to Put the Right Plan in Place?

If you are relying on an online will and are unsure whether it fully protects your assets, it may be time to seek personalised advice.

At Fulljames Law, we provide clear and practical estate planning guidance tailored to your circumstances in Queensland. Our goal is to ensure your wishes are properly documented and your assets are structured in a way that reduces risk and uncertainty.

If you would like clarity about whether your current will is appropriate, we invite you to book an estate planning consultation with our team.

Book an Estate Planning Consultation

Disclaimer: The information provided in this blog post is for general informational purposes only and does not constitute legal advice. Every individual’s situation is unique, and you should consult with a qualified legal professional to obtain advice specific to your circumstances. Fulljames Law accepts no responsibility for any loss or damage caused by reliance on the information provided in this post.