Making a Will in New South Wales
Everything you need to know about creating a Will in NSW under the Succession Act 2006 (NSW) — legally valid when properly executed.
Quick Facts — NSW
Legislation
Succession Act 2006 (NSW)
Witnesses Required
2 independent adults
Marriage Revokes Will?
Yes
Witnesses Cannot Be
Beneficiaries or their partners
Will Requirements in NSW
Under the Succession Act 2006 (NSW), a Will is legally valid in New South Wales when the following requirements are met:
Witnessing Rules in NSW
Two independent adult witnesses must be present together when the testator signs. Witnesses must also sign the Will in the presence of the testator. Witnesses should not be beneficiaries or spouses of beneficiaries.
Marriage & Divorce Effects on Your Will
Effect of Marriage
Marriage automatically revokes an existing Will unless the Will was made in contemplation of that specific marriage.
Effect of Divorce
Divorce revokes any gift to the former spouse and their appointment as executor or trustee. The former spouse is treated as having predeceased the testator. The rest of the Will remains valid.
Informal Wills in NSW
Section 8 of the Succession Act 2006 allows the court to admit documents that don't meet formal requirements if satisfied they represent the deceased's testamentary intentions.
While informal Wills may be recognised in certain circumstances, relying on one is risky. A properly executed Will avoids uncertainty and potential legal costs for your loved ones.
Family Provision Claims in NSW
Eligible persons can make a family provision claim under Chapter 3 of the Succession Act if not adequately provided for. Eligible claimants include spouse (including de facto), children (including adopted and step-children in certain circumstances), former spouse, dependant grandchildren, members of the household, and persons in a close personal relationship.
Unique Considerations for NSW
- Broad class of eligible family provision claimants compared to other states
- Section 8 informal Will provisions allow courts to recognise non-traditional documents
- Strong protections for de facto partners under the Succession Act 2006
- NSW Supreme Court handles all contested Will matters
After You Sign It in NSW
The paper stays still
You print your Will and sign it in front of two independent adult witnesses who aren't beneficiaries. That signed original is the document that counts — so you also record where you keep it.
Everything around it stays living
How to reach the people you've named, the documents and account details your executor will need, your funeral wishes — all editable online, with every change on the record. When the time comes, the people named in your Will are told.
How to Create Your Will in NSW
Sign Up
Create your ezyWill account to start building your Will.
Answer Guided Questions
Our guided questionnaire covers everything needed for a valid Will under Succession Act 2006 (NSW).
Download Your Will
Review your professionally formatted Will and download the PDF.
Sign with Witnesses
Sign your Will in the presence of two independent adult witnesses in NSW. Both witnesses must also sign.
Frequently Asked Questions — NSW
Is an online Will legally valid in NSW?
Yes. Under the Succession Act 2006, a Will is valid in NSW if the testator is 18 or older, of sound mind, the Will is in writing, signed by the testator, and witnessed by two independent adults. How the Will was created (online or by a solicitor) does not affect its validity — only proper execution matters.
What happens if I die without a Will in NSW?
If you die intestate (without a valid Will) in NSW, your estate is distributed according to Chapter 4 of the Succession Act 2006. Generally, your spouse receives the entire estate if there are no children from another relationship. If there are children from another relationship, the spouse receives personal effects, a statutory legacy, and half the residue, with the other half divided among all children equally.
Can a de facto partner claim against my estate in NSW?
Yes. NSW has some of the broadest family provision laws in Australia. De facto partners (including same-sex partners) are eligible to make a claim under Chapter 3 of the Succession Act 2006 if they can demonstrate they were in a de facto relationship at the time of death.
How many witnesses do I need for a Will in NSW?
You need two independent adult witnesses who are both present at the same time when you sign your Will. Each witness must also sign the Will in your presence. Witnesses should not be beneficiaries under the Will, as this could void the gift to that beneficiary.
Does getting married in NSW cancel my existing Will?
Yes. In NSW, marriage automatically revokes any existing Will unless the Will was specifically made in contemplation of that marriage. This means you should create a new Will after getting married to ensure your wishes are documented.
How much does it cost to make a Will in NSW?
ezyWill has one plan, $99/year, and it includes unlimited updates and the full Digital Vault. You can answer the questions and preview how your Will reads before you pay; downloading it — the document you print, sign and have witnessed — requires the paid plan. The Will is legally valid when properly executed.
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