Last updated 9 July 2024

Children are generally not permitted to make a valid will. However, there are a few exceptions to this under the Succession Act 1981 (Qld).

Children under 18 years of age who are married are able to make a valid will. Additionally, if a child under 18 years of age makes a will in contemplation of marriage and the marriage takes place, this will be a valid will. A child who has made a valid will is able to alter or revoke their will.

A court is also able to make an order that authorises a child to make a valid will. For a court to make such an order, it must be satisfied that the child understands the nature of their proposed will, the will accurately reflects their intentions and it is reasonable to make an order authorising the child to make a will.

For further information, see the Wills and Estates chapter of this handbook.