The Structure of a Will
If you’ve ever wondered what a Will actually looks like or how it is structured, you’re not alone.
This article breaks down the structure of a Will in Queensland, explains the key components, and helps you understand what you should expect from a professionally drafted estate plan. Whether you’re creating your first Will or reviewing an existing one, this guide will give you clarity and confidence.
Why Understanding the Structure of a Will Matters
A Will is more than just a document that says who gets what. A properly drafted Will:
Appoints trusted decision-makers
Protects your beneficiaries
Minimises delays and disputes
Provides clear legal authority to administer your estate
Maximises what passes to your loved ones
Understanding the structure helps you make informed decisions and avoid costly mistakes.
The Basic Structure of a Will
A professionally drafted Will in Queensland generally follows this structure:
Appointment of Executors
Gifting of Personal Belongings
Specific Gifts
Distribution of the Residue
Directions and Powers for the Executor
Here is a breakdown of each section.
1. Appointment of Executors
What Is an Executor?
An executor is the person responsible for administering your estate after you pass away. Their role includes: Applying for probate (if required), collecting assets, paying debts and liabilities, distributing gifts according to your Will and managing any disputes or legal issues
Importantly, an executor does not decide who receives your estate. That decision is already made in your Will.
How Many Executors Can You Have?
Under Queensland law:
You can appoint up to four executors
They must be over 18
You can appoint one or multiple executors
You should always appoint backup executors
For couples, it’s common to appoint each other first, then adult children or another trusted person as backup.
Do Executors Need Legal Knowledge? No. They don’t need to be lawyers or accountants. They simply need to be trustworthy, organised and know who to contact for professional advice
A well-drafted Will, combined with professional legal support, makes the administration process much smoother.
Can an Executor Be Paid? Yes. Executors can apply to the Court for commission, or receive a specific gift in the Will (if structured that way)
If you appoint a professional executor (such as your solicitor), professional fees will apply.
2. Gifting Personal Belongings
The next section of a Will deals with personal belongings.
This typically includes: household contents, furniture, jewellery, motor vehicles and personal items.
A Common Misconception
Many people overestimate the financial value of household contents. In reality, the value is often closer to what items would sell for on Facebook Marketplace - not what they were originally purchased for.
However, if you own: artwork, antiques, collectables, valuable jewellery, heirloom china or silver, these should usually be listed as specific gifts in your Will.
How Personal Belongings Are Typically Distributed
Common approaches include:
Everything to spouse first
Then equally among children
Or distribution determined by the executor
There is flexibility here and your family dynamics should guide the structure.
3. Specific Gifts
Specific gifts are particular items or amounts of money given to named individuals. Some commpn examples we see in practice:
$10,000 to a niece
A specific property
Shares in a company
A piece of jewellery
A vehicle
This section must be drafted carefully.
Why Precision Matters
Without careful drafting, issues can arise such as:
A beneficiary cannot be located
A beneficiary refuses the gift
A beneficiary dies before you
A minor receives funds without structure
In poorly drafted Wills, unresolved gifts can delay estate administration for years. A properly drafted Will should include clauses that deal with: unclaimed gifts, failed gifts, redistribution mechanisms and time limits.
This prevents estates from being tied up unnecessarily.
4. Distribution of the Residue of Your Estate
Your residue is everything left after specific gifts are distributed, debts are paid and costs of administration are covered. This is often the largest part of your estate.
You can distribute the residue directly to beneficiaries, or through a testamentary trust.
Testamentary trusts can provide you asset protection, tax flexibility, protection from relationship breakdown and protection from bankruptcy
5. Directions to the Executor (The Most Overlooked Section)
This is where professional drafting truly matters. Many “simple” wills are only two or three pages long. These often rely heavily on the Succession Act 1981 and the Trusts Act 1973 to fill in gaps. While legally valid, this approach can create uncertainty.
Our wills include detailed executor directions covering:
Powers to manage and sell assets
Handling missing beneficiaries
Minor beneficiary provisions
Time limits for claiming gifts
Administrative flexibility
Protection mechanisms
Why Detailed Executor Directions Matter
Without proper clauses:
Estates can be delayed for years
Executors may face unnecessary liability
Funds can become stuck as unclaimed monies
Legal disputes become more likely
The goal is simple:M aximise your estate for your beneficiaries and minimise administrative risk.
Why a Properly Structured Will Protects Your Legacy
A well-structured Will does more than distribute assets. It reduces family conflict, speeds up administration, protects vulnerable beneficiaries, prevents technical legal problems and minimises unnecessary court involvement. Poor drafting often leads to estate litigation, which is exactly what proper estate planning seeks to avoid.
Estate Planning in Queensland: Get It Right the First Time
At Vicca Law, we focus exclusively on:
Wills
Testamentary trusts
Estate planning
Estate disputes
Probate and estate administration
We draft Wills that are clear, protective, and built on years of practical estate administration experience, not just legislative minimums.
If you’re ready to create or update your will, we’d love to help.
Let’s ensure your will is structured properly, so your legacy is protected and your loved ones are supported.