Making a Will in Australia
Each Australian state and territory has its own Will legislation with unique requirements. Find your state below to learn exactly what you need to know.
New South Wales
Succession Act 2006 (NSW)
Victoria
Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic)
Queensland
Succession Act 1981 (Qld)
Western Australia
Wills Act 1970 (WA) & Family Provision Act 1972 (WA)
South Australia
Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA)
Tasmania
Wills Act 2008 (Tas)
Australian Capital Territory
Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT)
Northern Territory
Wills Act 2000 (NT) & Family Provision Act 1970 (NT)
Quick Comparison
Key differences between Australian states and territories at a glance.
| State | Legislation | Marriage Revokes? | Claim Deadline | Solicitor Cost | ezyWill |
|---|---|---|---|---|---|
| NSW | Succession Act 2006 (NSW) | Yes | 12 months from death | $600–$1,500 | $99/yr |
| VIC | Wills Act 1997 (Vic) & Administration and Probate Act 1958 (Vic) | Yes | 6 months from grant of probate | $500–$1,200 | $99/yr |
| QLD | Succession Act 1981 (Qld) | Yes | 9 months from death | $500–$1,200 | $99/yr |
| WA | Wills Act 1970 (WA) & Family Provision Act 1972 (WA) | Yes | 6 months from grant of probate | $500–$1,200 | $99/yr |
| SA | Wills Act 1936 (SA) & Inheritance (Family Provision) Act 1972 (SA) | No | 6 months from grant of probate | $400–$1,000 | $99/yr |
| TAS | Wills Act 2008 (Tas) | Yes | 3 months from grant of probate | $400–$1,000 | $99/yr |
| ACT | Wills Act 1968 (ACT) & Family Provision Act 1969 (ACT) | No | 6 months from grant of probate | $500–$1,200 | $99/yr |
| NT | Wills Act 2000 (NT) & Family Provision Act 1970 (NT) | Yes | 12 months from death | $500–$1,500 | $99/yr |
Universal Requirements
While each state has its own legislation, these core requirements apply across all Australian jurisdictions.
Age 18+
You must be 18 or older, or married, to make a valid Will.
Sound Mind
You must have testamentary capacity — an understanding of your assets and the effect of your Will.
In Writing
Your Will must be in writing, whether typed or handwritten.
Signed by Testator
You must sign the Will at the end of the document.
Two Witnesses
Two independent adult witnesses must be present together when you sign.
Not Beneficiaries
Witnesses should not be beneficiaries or spouses of beneficiaries named in the Will.
Create Your Will in 20 Minutes
ezyWill handles the legal complexity for every Australian state and territory. Just answer simple questions — we do the rest.