Complete Guide to Writing Your Will in Australia (2025)

1. Who Needs a Will?

The short answer: every Australian adult should have a Will. If you own anything of value—a home, superannuation, a car, savings, or even sentimental items—you need a Will to ensure these assets go to the people you choose.

Did You Know?

According to recent studies, approximately 50% of Australian adults don't have a valid Will. This means millions of estates could be distributed against the deceased's wishes.

You Especially Need a Will If You:

Own property – Your home is likely your most valuable asset
Have children under 18 – A Will lets you appoint guardians
Are in a de facto relationship – Protects your partner's rights
Have a blended family – Ensures step-children are provided for
Own a business – Succession planning is critical
Want to leave gifts to charity – Without a Will, charities receive nothing

What Happens If You Die Without a Will (Intestacy)?

If you die without a valid Will, you die "intestate" and your estate is distributed according to rigid intestacy laws that vary by state. This often means:

Your spouse may not receive everything
De facto partners may have to prove their relationship in court
Step-children typically receive nothing
Friends and charities are completely excluded
The government appoints an administrator (at a cost to your estate)
Family disputes are more likely without your clear instructions

2. Legal Requirements for a Valid Will in Australia

Australian Will requirements are governed by state and territory legislation. While there are minor variations, the core requirements are consistent across all jurisdictions.

The 5 Essential Requirements

Age Requirement

You must be 18 years or older (or married/in a civil union)

Testamentary Capacity

You must be of "sound mind" – understanding what a Will is, your assets, and who might expect to benefit

In Writing

The Will must be written (typed or handwritten) – verbal Wills are not valid

Signed by the Testator

You must sign at the foot/end of the Will (or have someone sign on your direction)

Witnessed Correctly

Two independent witnesses must be present together when you sign, and both must sign the Will

State-Specific Legislation

State/Territory	Governing Legislation
New South Wales	Succession Act 2006 (NSW)
Victoria	Wills Act 1997 (Vic)
Queensland	Succession Act 1981 (Qld)
Western Australia	Wills Act 1970 (WA)
South Australia	Wills Act 1936 (SA)
Tasmania	Wills Act 2008 (Tas)
ACT	Wills Act 1968 (ACT)
Northern Territory	Wills Act 2000 (NT)

3. Key Components of a Will

A comprehensive Will should include several essential elements to ensure it covers all aspects of your estate and wishes.

1. Identification Clause

Your full legal name, address, and a statement that this is your last Will, revoking all previous Wills.

2. Executor Appointment

Names and contact details of your chosen executor(s) who will administer your estate. Consider appointing a backup executor.

3. Guardian Appointment (if applicable)

If you have children under 18, nominate guardians to care for them if both parents pass away.

4. Specific Gifts

Individual items or amounts of money left to specific people or organisations (e.g., "I leave my wedding ring to my daughter Sarah").

5. Residuary Estate

Distribution of everything remaining after debts, expenses, and specific gifts. Often expressed as percentages (e.g., "50% to my spouse, 25% to each child").

6. Executor Powers

Specific powers granted to your executor, such as the ability to sell property, invest funds, or run a business.

7. Attestation Clause

A statement confirming the Will was properly signed and witnessed, including signatures of the testator and witnesses.

4. Choosing Your Beneficiaries

Beneficiaries are the people or organisations who will receive your assets. Choosing them thoughtfully is one of the most important decisions you'll make.

Types of Beneficiaries

Primary Beneficiaries: The main recipients of your estate (usually spouse and children)
Alternate/Contingent Beneficiaries: Backup recipients if primary beneficiaries predecease you
Residuary Beneficiaries: Those who receive whatever remains after specific gifts and debts

Important Consideration

Always include contingent beneficiaries in case your primary beneficiary passes away before you. Without this, the gift may fall into the residuary estate or create complications.

Identifying Beneficiaries Correctly

Use full legal names and include identifying details to avoid confusion:

Good: "My daughter, Sarah Jane Smith, born 15 March 1995"
Avoid: "My daughter Sarah" (what if you have two daughters?)

Special Considerations

Minor Children: Consider a testamentary trust to manage assets until they reach a suitable age
Beneficiaries with Disabilities: A Special Disability Trust may protect their pension eligibility
Charities: Include the registered charity name and ABN

5. Appointing Executors

Your executor is responsible for administering your estate after you pass away. This is a significant responsibility, so choose carefully.

Executor Responsibilities Include:

Applying for probate
Locating and valuing assets
Paying debts and taxes
Distributing assets to beneficiaries
Managing ongoing trusts
Keeping detailed records

Who Should Be Your Executor?

Consider appointing:

A trusted family member – Usually a spouse, adult child, or sibling
A close friend – Someone reliable and organised
A professional – Solicitor, accountant, or trustee company (fees apply)
Multiple executors – Two people can share the responsibility

Pro Tip

Always ask your chosen executor if they're willing to take on the role before naming them in your Will. Also appoint a substitute executor in case your first choice is unable to act.

6. Witness Requirements

Proper witnessing is critical to your Will's validity. Many Wills are challenged or invalidated due to witnessing errors.

Critical Warning

A witness (or their spouse) cannot be a beneficiary under your Will. If they are, their gift is void, though the rest of the Will remains valid.

Witness Requirements:

1 You need two witnesses, both over 18 years of age
2 Both witnesses must be present together when you sign
3 Both witnesses must sign the Will in your presence
4 Witnesses should not be beneficiaries or spouses of beneficiaries
5 Witnesses should include their full name and address

Good Choices for Witnesses:

Neighbours
Work colleagues
Family friends (who aren't beneficiaries)
Your doctor, pharmacist, or accountant
Bank staff or JP

7. Common Mistakes to Avoid

Not updating after major life events

Marriage automatically revokes a Will in most states. Divorce doesn't revoke it, but may affect gifts to your ex-spouse.

Forgetting about superannuation

Super is NOT automatically covered by your Will. You need a separate Binding Death Benefit Nomination.

DIY amendments

Never cross out, write on, or attach notes to your Will. This can invalidate it. Make a new Will or formal codicil instead.

Vague language

"I leave my money to my children" – which money? All of it? What if there are step-children? Be specific.

Not telling anyone where your Will is

A Will only helps if it can be found. Tell your executor where you store the original.

Storing your Will unsafely

Don't keep your only copy in a safety deposit box (hard to access after death) or anywhere it could be damaged.

8. When to Update Your Will

Your Will should be a living document that reflects your current circumstances. Review it regularly and update when:

Marriage or Divorce

Marriage revokes existing Wills in most states

Birth of Children

Add new beneficiaries and consider guardians

Death of Beneficiary/Executor

Appoint replacements promptly

Major Asset Changes

Buying/selling property, inheritance received

Moving Interstate/Overseas

Different laws may apply

Relationship Changes

Estrangement, reconciliation, new relationships

As a general rule, review your Will every 3-5 years even if nothing major has changed.

9. Frequently Asked Questions

What makes a Will legally valid in Australia?

For a Will to be legally valid in Australia, you must be over 18 years of age (or married), be of sound mind, have the Will in writing, sign it at the end in the presence of two independent witnesses who are both present at the same time, and have both witnesses sign the Will. The witnesses cannot be beneficiaries or spouses of beneficiaries.

Do I need a lawyer to write a Will in Australia?

No, you do not legally need a lawyer to write a Will in Australia. You can create a valid Will yourself using a Will kit or online service like ezyWill. However, if you have a complex estate, business interests, blended family, or wish to disinherit immediate family members, legal advice is recommended.

How often should I update my Will?

You should review your Will every 3-5 years and update it after major life events such as marriage, divorce, birth of children, death of a beneficiary or executor, significant changes to your assets, or moving interstate or overseas.

What happens if I die without a Will in Australia?

If you die without a Will (intestate) in Australia, your estate is distributed according to intestacy laws, which vary by state. Generally, your spouse receives a set amount plus a share of the remainder, with children receiving the rest. If you have no spouse or children, assets pass to parents, siblings, or more distant relatives. The government may inherit if no relatives are found.

Can I handwrite my Will in Australia?

Yes, handwritten (holographic) Wills can be valid in Australia, but requirements vary by state. In Queensland, a handwritten Will only needs your signature. In other states, witness requirements still apply. Typed and properly witnessed Wills are always recommended to avoid disputes.

Complete Guide to Writing Your Will in Australia