Why Making a Will Matters

Dying without a will (intestate) means the law decides who receives your assets — which may not reflect your wishes. Your partner may not inherit if you are not married. Step-children typically receive nothing. Assets can take years to distribute. A will is one of the most important documents you can create.

What Makes a Valid Will in Australia

  • In writing: typed or handwritten — both are valid
  • Signed by you at the end of the document
  • Witnessed by two people who are both present when you sign, and who then sign themselves
  • Witnesses cannot be beneficiaries (people who receive something in the will) or married to a beneficiary — this could invalidate their gift
  • You must be 18+ (or married under 18) and of sound mind

What to Include in Your Will

  • Executor: The person responsible for administering your estate and carrying out the will’s instructions. Choose someone organised and trustworthy. They can also be a beneficiary.
  • Beneficiaries: Who receives what. Be specific — “my car to James” not “my vehicle.” Include full names and relationships.
  • Residual estate: What happens to everything not specifically named. Usually “the remainder of my estate to [person].”
  • Guardian for minor children: Who you want to care for your children if you die while they are under 18. Critically important for parents.
  • Funeral wishes: Optional but helpful — burial vs cremation, specific preferences.

Your Options for Making a Will

  1. 1

    DIY will kit ($20–50)

    Available from newsagencies, post offices and online. Provides a template to fill in. Valid if executed correctly but higher risk of errors that could invalidate the will or create ambiguity. Suitable for very simple estates with straightforward wishes.

  2. 2

    Online will service ($100–200)

    Services like Safewill, Willed and Gather provide guided online will creation. Questions walk you through the process and generate a legally compliant document. You print and sign with witnesses. Better than a DIY kit for most people as the software prevents common errors.

  3. 3

    Solicitor ($200–600+ for simple will)

    Recommended for complex situations: blended families, business interests, significant assets, potential disputes, or if you have dependants with special needs. A solicitor ensures the will is robust and can advise on strategies to minimise potential challenges.

After Making Your Will

Store your original will somewhere safe and accessible — but not in a bank safe deposit box (which requires the will to access). Tell your executor where it is. Review it after major life events: marriage (which revokes a prior will in most states), divorce, having children, or significant change in assets. Update rather than annotate — handwritten changes to a signed will can cause problems.

This is general information, not legal adviceWill requirements vary slightly between Australian states. For anything other than a straightforward situation, consulting a solicitor ensures your wishes are legally enforceable. NSW, Victoria, Queensland and other states all have their own Succession Acts with specific requirements.

Frequently Asked Questions

Your estate is distributed according to the intestacy rules of your state, which follow a set formula prioritising spouses, children, parents and siblings in order. Unmarried partners (de facto or otherwise) may have limited or no automatic entitlement depending on your state and relationship length. The process takes significantly longer than with a valid will and may not reflect your wishes at all. Making a will eliminates this uncertainty.
Yes — in most Australian states, marriage automatically revokes (cancels) any will made before the marriage, unless the will was explicitly made in contemplation of that specific marriage. This means if you had a will before marrying and have not made a new one since, you effectively have no will. Make a new will after any marriage or de facto relationship begins.