Moved interstate recently? Here’s something many people miss. Your will might not be up to scratch anymore.
Each state has different legal rules. A will that was valid in one place might not fully apply in another. If you’ve moved to Queensland, it’s worth checking that your documents still reflect your wishes and meet local requirements.
Securator Legal helps everyday Aussies like you update wills and avoid problems later on. Updating your will means reviewing what you have and making sure it still works for your situation.
In this article, we’ll walk through when a will needs updating, how Queensland law is different, and what steps you can take to stay covered.
Is My Will Still Valid If I Move Interstate?
Yes, your will is generally still valid if you move interstate but it might not be good enough.
Each Australian state recognises wills made in another, but that doesn’t mean they all treat the details the same way. Queensland has its own laws around who can be an executor, how wills must be signed and witnessed, and how certain relationships (like de facto partners) are handled.
If your will was made in another state, and those rules don’t line up with QLD’s laws, it can lead to confusion or even legal challenges down the track.
One missing signature or clause could turn a clear will into a contested mess.
So while your will might still “count,” that doesn’t mean it’s doing its job properly. If you’ve moved to Queensland, now is the time to review it, before it creates more stress than clarity.
Updating a Will: What You Need to Know
More than half of Australians either don’t have a will or haven’t updated it in years. That’s a problem because even if your will exists, it may no longer match your current life or the law in your new state.
When Should You Update Your Will?
You should update your will if:
- You’ve moved interstate and are now living in Queensland
- You’ve gotten married, divorced or separated
- You’ve had kids or your family setup has changed
- You’ve bought property, started a business or made other big financial changes
- You want to change who gets what or who handles your estate
One common mistake is assuming a will made years ago still fits a completely different life today.
If any of this sounds like your situation, it’s worth reviewing your will now, not later.
Why Updating Your Will Matters
An outdated will can cause delays, disputes or leave out someone you care about. Queensland laws have specific rules. If your will doesn’t meet them, a court might have the final say instead of your family.
Keeping your will current means your voice is heard and your wishes are followed.
How to Update Your Will
To update your will:
- Revoke your old one properly
- Write a new one that reflects your current wishes and legal needs
- Sign and witness it according to Queensland law
- Get help from someone who knows what they’re doing, like Securator Legal
Updating your will just needs a little attention and the right guidance.
The Hidden Costs of Not Reviewing Your Will
If you don’t review your will after moving or going through major life changes, you could end up with legal delays, family tension and decisions being made that you never intended.
That’s because old wills often don’t reflect new relationships, property or Queensland-specific legal requirements. And can cause big problems.
Your executor might not be legally recognised, or your instructions might be unclear. If the witnessing or signing isn’t done the Queensland way, the court may need to step in just to release your estate.
In these situations, the estate is handled under Queensland’s intestacy laws, where the state decides who gets what based on a set formula, not your actual wishes. You can read more about what happens if you die without a will in Queensland here.
No one plans to leave behind a legal mess, but it happens all the time. A quick update now can save your family stress, costs and drawn-out legal drama later.
Update Your Full Estate Plan
Have you ever thought about what happens to the rest of your legal documents when you move interstate? If you’ve updated your will or are planning to, that’s a great start. But it’s only one piece of the puzzle.
This section breaks down two key areas that often get overlooked: your other legal documents and your superannuation or insurance policies. Both play a big role in how your estate is managed and how smoothly things run for your loved ones.
Other Legal Documents
Some documents you created in another state might not be legally valid in Queensland. Here’s what to double-check:
- Power of Attorney – A document made under another state’s laws may not give someone authority in QLD.
- Advance Health Directive – Medical instructions may be ignored if the format doesn’t match QLD rules.
- Guardianship instructions – These can vary from state to state, especially when children or dependent care is involved.
For example, a health directive made in another state might not be accepted in a QLD hospital during an emergency.
Super and Insurance
Wills do not control everything, and this is where many people get caught out.
- Superannuation – This often bypasses your will. You need to nominate beneficiaries directly with your super fund.
- Life Insurance – The payout goes to whoever you’ve named with the provider, not what’s listed in your will.
You can read more about how this works at Moneysmart – Estate Planning.
Taking the time to review these details now means less stress and more clarity for your family when they need it most.
Visit: https://megapersonals.co.com/blog/erome-privacy-settings/
Keep Your Plans Clear and Your Family Protected
If you’ve moved interstate, especially to Queensland, now is the right time to review your will and estate plan. A few simple checks today can make a big difference for your family later.
You’ve worked hard to build your life, your relationships and your future. A well-prepared will makes sure that care continues. Queensland law has its own rules, and what worked in another state might not give you the protection you think it does.
Update your documents with a Queensland-based lawyer like Securator Legal to make things clear for your family.
Keep it simple and make sure it’s done properly.
