How to Make a Will in Australia
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Overview of 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 involved in creating a will in Australia, what legal requirements you need to meet, and the options available to you 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 right approach often depends on the complexity of your 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
You must have legal capacity, often called testamentary capacity
The will must be in writing
It must be signed correctly
Witnessing a will is a strict requirement with specific rules
You must act voluntarily and without pressure
Your intent and wishes must be clear and documented
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
You own assets in multiple states
In some cases, poorly drafted documents or failure to meet valid will requirements can lead to will disputes later. For example, unclear wording, questions about your capacity at the time of signing, or failure to follow proper procedures can create uncertainty and cost your family time and money to resolve. Even when using simple online services, ensuring the document is properly prepared and signed is essential to avoid these challenges.
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:
List your key assets and liabilities to understand what you'll 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
Review the formal requirements to ensure your document will be valid
Decide whether to use an online service, DIY approach, or consult a will lawyer
Think about whether you need additional estate planning tools
Gather important documents like 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 our AI legal assistant, which can help you explore the general legal concepts, options, and common considerations involved in making a will.
You can ask the AI questions about the process, requirements, and different approaches, and receive clear explanations tailored to the context you provide. The AI is designed to help you understand general legal information and the range of options available to you, rather than provide legal advice.
However, only a licensed lawyer can provide legal advice specific to your circumstances. If your situation is complex, or if you'd prefer to have a professional review your will or draft it for you, we can connect you with qualified wills and estate lawyers who specialise in this area. They can provide tailored advice based on your individual circumstances, family situation, and goals.
Making a Will FAQs
To write a will in Australia, you can work with a lawyer, use an online will service, or create one yourself using a template. Your will must meet specific legal requirements, including being in writing, signed by you, and witnessed by two independent witnesses. These steps help ensure your will is legally valid and your wishes are carried out after your death.
Yes, you can write your own will in Australia. Many people create DIY wills using templates or online services. However, if your will does not meet legal requirements, it may be challenged or declared invalid. Complex family situations, significant assets, or business interests may benefit from professional legal guidance to reduce future disputes.
The key steps include: clearly stating your wishes about how to distribute your estate, naming an executor to manage your estate, appointing a guardian for any minor children, writing the document clearly, signing it in front of two independent adult witnesses who also sign, and keeping it in a safe place. Each state has specific requirements, so checking local rules helps ensure validity.
Yes, online will services are available in Australia and can be a convenient and affordable option. These platforms typically guide you through a series of questions to create your will document. However, ensure the service is reputable and that your final document meets all legal requirements in your state, particularly regarding witnessing and signing.
Generally, you will need information about your assets, debts, beneficiaries, and any trusts. It helps to gather details about bank accounts, property, superannuation, insurance, and business interests. You will also need to identify your executor and any guardians for minor children. Having this information organised before you start drafting makes the process smoother and more thorough.