Why trying to save money on drafting your will could cost your family more in the long run
Most people put off writing their will because it feels complicated and expensive. When the time comes, the temptation is to keep it simple – download a free template, ask an accountant, avoid the lawyer’s bill. While it is understandable to want to save money, a 2026 Queensland Supreme Court decision showed that this instinct can cost a family far more than the legal fees they were trying to avoid. The Di Trapani case In Di Trapani & another v Di Trapani & others [2026] QSC 20, the Supreme Court of Queensland was asked to make sense of a will prepared not by a lawyer, but by an accountant who had known the deceased and her late husband for many years. Elizabeth Anne Di Trapani died in November 2023. Her will had been executed in 2010 and drafted by an accountant who, in his own words, had been entrusted with the task partly because the Di Trapanis believed that engaging lawyers would be expensive and time – consuming. The irony of that reasoning was not lost on the Court, as by the time the matter came before Justice McCafferty, the proceedings involved the executors of the estate, four of Mrs Di Trapani’s children, two grandchildren, a family construction company and a corporate trustee – nine parties in total, represented by multiple law firms and counsel. What went wrong? The core problem was one that an experienced wills and estates lawyer would have identified immediately: Mrs Di Trapani’s will seemed to give away assets she did not legally own. The Di Trapani family had structured their financial affairs – which included property development and construction – through a discretionary family trust. The trustee of that trust was a company called Glutolo Pty Ltd. The properties in Kedron and Chermside that Mrs Di Trapani intended to leave to her children and grandchildren were owned by Glutolo as trustee, not by Mrs Di Trapani personally. A will generally can only dispose of assets that form part of the deceased’s estate. When the will used phrases like “I give all my estate and interest” in those properties, the intended gifts failed, because Mrs Di Trapani had no estate or interest in them to give. The Court therefore found that the gifts assigned in the will had no legal effect. There were further problems. A clause that attempted to prevent two corporate entities from making claims on intercompany loans was found to be unenforceable. A clause appointing the accountant himself as arbitrator in disputes between the trustees was ordered to be disregarded, in part because it effectively purported to restrict the Court’s supervisory role. And ambiguous drafting around two separate $400,000 gifts to one of the sons required detailed judicial analysis to resolve. Every one of these problems had the same root cause: the will was drafted by someone without legal training. Why Gold Coast families are particularly exposed According to the City of Gold Coast Council, about one in six Gold Coast residents is a retiree, many of whom hold assets through family trusts, companies or self-managed superannuation funds. These are precisely the asset structures that a standard will template, or a will drafted without specialist legal advice, is most likely to handle incorrectly. The Di Trapani family’s situation was not unusual, with its family trust, a small business and multiple investment properties. The problem was not the assets – it was the will that failed to account for them properly. Getting a will right starts with asking the right questions. Here are some of the questions that every Gold Coast resident with property, a business or a trust should be able to answer before they sign anything, and that any experienced Gold Coast solicitor or estate lawyer will work through with you: Do you actually own the assets you intend to leave, or are they held in a trust or company? Does your will account for superannuation, which does not automatically form part of your estate? Do you have a binding death benefit nomination in place, and is it current? Have you chosen the right executor for the complexity of your estate? Could your will be vulnerable to a family provision claim? What a properly structured Queensland will actually involve Under Queensland’s Succession Act 1981, a will must satisfy strict formal requirements to be valid. But formal validity is only the beginning. A will that is validly executed can still fail to achieve what the testator intended – as the Di Trapani case demonstrated – if the underlying drafting does not account for the legal realities of how the deceased’s assets are held. For Gold Coast residents with any complexity in their financial affairs, a properly structured estate plan typically involves: Notably, Queensland’s new Trusts Act 2025 commenced on 28 April 2026 and introduces mandatory statutory duties and rules that can override inconsistent provisions in existing trust deeds. Critically, the new Act applies retrospectively to all Queensland trusts, not just those created after commencement. If your estate plan involves a trust, your will and trust structures should now be reviewed together as amatter of priority. Cutting corners costs The Di Trapanis thought they were being practical. They chose an accountant over a lawyer to avoid the cost and perceived complexity of legal advice. Instead, their estate ended up before the Supreme Court, their intended gifts to their children and grandchildren failed, and the costs of the litigation fell to the estate they were trying to protect. This is not an unusual story. Estate lawyers and lawyers for litigation who work in Queensland’s succession law space see the consequences of poorly drafted wills regularly. The cost of getting a will right, with a Gold Coast lawyer who understands how your assets are structured, is a fraction of what it costs to litigate the consequences of getting it wrong. Whether you are creating a will for the first time or reviewing an existing one, contact the team at QBM Lawyers to speak with an