How to make a will in Australia?
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How to make a will in Australia?
A will is a legal document that sets out how you want your assets and property distributed after you die. This guide explains the steps generally involved in creating a will in Australia, the legal requirements that generally apply, and the options people commonly have when preparing one.
What making a will means in Australia
Making a will is the process of setting out how your assets and responsibilities should be handled after your death. When you create a will, you can decide who receives your property, who manages your estate, and who will act as guardian for minor children.
To draft a will in Australia, certain formal requirements must be met. These are often referred to as valid will requirements. If these requirements are not followed, the will may later be challenged. Some people choose a DIY will or an online will, while others prefer to use a will lawyer or consult wills and estate lawyers for additional guidance. The approach people take often depends on the complexity of their assets and family situation.
The core reason these rules exist is to ensure clarity and prevent disputes. When you make a will following proper procedures, there is a clear record of your intentions. This reduces the chance of confusion, disagreement, or legal challenges after your death.
Key points
Legal capacity, often called testamentary capacity, is generally required.
A will is generally required to be in writing.
A will generally needs to be signed correctly.
Witnessing a will generally involves specific rules.
A will is generally required to be made voluntarily and without pressure.
A person's intent and wishes generally need to be clear and recorded.
Common situations
You may be thinking about making a will if:
You've recently married or separated
You've purchased property or built up savings
You have children and want to appoint a guardian
You run a business and want to plan for succession
You want to avoid disputes after your death
You have dependents who rely on your income
People sometimes consider making a will when they own assets in multiple states.
In some cases, documents that are not well drafted or that do not meet valid will requirements. are associated with will disputes later. For example, matters such as unclear wording, questions about capacity at the time of signing, or procedures not being followed are sometimes associated with uncertainty that can take time and money to resolve. Even where simple online services are used, the way a document is prepared and signed is among the matters relevant to whether it meets valid will requirements.
What to consider
Do you fully understand your assets and liabilities?
Who should act as your executor and are they willing?
Are there blended family dynamics that need careful planning?
Should you consider more structured estate planning or just a basic will?
Would professional assistance reduce the risk of future disputes?
How soon do you want to have a will in place?
Are there any circumstances that might challenge your capacity or decision-making?
What you can do next & how LawConnect can help
If you're planning to make a will, you may wish to:
People sometimes list their key assets and liabilities to get a sense of what they would be leaving.
Decide who you want as beneficiaries
Choose an executor you trust to manage your estate
Consider guardianship arrangements if you have minor children
People sometimes review the formal requirements that are relevant to whether a document is valid.
Decide whether to use an online service, DIY approach, or consult a will lawyer
People sometimes consider whether additional estate planning tools are relevant to their circumstances.
People often collect relevant documents such as property deeds and insurance details.
How LawConnect can help
Making a will is a personal decision, and many people feel uncertain about where to start or how to approach it properly. LawConnect provides personalised legal information through its AI legal assistant, which is designed to set out general legal concepts, options, and common considerations involved in making a will.
Questions about the process, requirements, and different approaches can be put to the AI, which provides general explanations relevant to the context provided. The AI is designed to set out general legal information and the range of options people may have, rather than provide legal advice.
However, only a licensed lawyer can provide legal advice specific to your circumstances. Where a situation is complex, or where a professional review or drafting is preferred, LawConnect can connect people with qualified wills and estate lawyers who work in this area. Such lawyers generally provide advice based on a person's individual circumstances, family situation, and goals.
Not sure how to start your will?
Try one of these. Get tailored answers for your situation.
Making a will FAQs
To make a will in Australia, the approaches people take include working with a lawyer, using an online will service, or creating one using a template. A will generally must meet specific legal requirements, including being in writing, signed by the will-maker, and witnessed by two independent witnesses. These requirements are generally connected to whether a will is legally valid and a person's wishes are carried out after death.
Yes, you can write your own will in Australia. Many people create DIY wills using templates or online services. Where a will does not meet legal requirements, it may be challenged or declared invalid. In complex family situations, or where there are significant assets or business interests, people sometimes obtain professional legal guidance; how this bears on future disputes depends on the circumstances.
The steps people generally take include stating their wishes about how an estate is distributed, naming an executor, appointing a guardian for any minor children, writing the document clearly, signing it in front of two independent adult witnesses who also sign, and storing it safely. Each state has specific requirements, and how local rules apply to validity depends on the circumstances.
Online will services are available in Australia and are an option some people use. These platforms typically guide you through a series of questions to create your will document. The reputability of a service and whether a final document meets all legal requirements in a particular state, including witnessing and signing, are matters people often consider.
Generally, you will need information about your assets, debts, beneficiaries, and any trusts. Details about bank accounts, property, superannuation, insurance, and business interests are commonly relevant. Identifying an executor and any guardians for minor children is generally part of the process. Having such information organised before drafting begins is something people often find relevant to the process.