1300 91 66 77
HOME10 Essential Steps to Make a Will in Australia: Secure Your Estate Today
Creating a legally valid will is one of the most important actions Australians can take to protect their assets and ensure their wishes are carried out after death. Whether you own a home, run a small business, or want to provide for your family, taking the time to make a will in Australia ensures your estate is managed the way you intend.
In this guide, we'll walk you through everything you need to know about Australian wills—what they include, how to write one, and how to avoid legal pitfalls that can complicate probate and inheritance.
What Is a Will in Australia?
Definition and Purpose
A will is a legal document that sets out how your property and assets should be distributed after you die. It also allows you to:
Appoint an executor to manage your estate
Nominate guardians for minor children
Make specific gifts or donations
Express your wishes for funeral arrangements
If you pass away without a valid will—also known as dying intestate—state laws determine how your estate is distributed, which may not align with your wishes.
Who Should Make a Will in Australia?
Every adult over 18 with assets, dependants, or specific wishes for how their estate should be managed should have a valid will. This includes:
Homeowners and property investors
Parents and guardians
Business owners and sole traders
Individuals with superannuation and insurance policies
Even if you believe your estate is simple, a valid will helps avoid delays, stress, and legal disputes for your family.
Key Legal Requirements for a Valid Will in Australia
For a will to be legally enforceable in Australia, it must meet the following criteria:
Written Form: It must be in writing (typed or handwritten).
Testamentary Capacity: You must be of sound mind, understand what a will is, the extent of your assets, and who should logically benefit.
Voluntary: It must be made freely without coercion or undue influence.
Signed and Witnessed:
The will must be signed by the testator (the person making the will).
It must be witnessed by two individuals who are not beneficiaries.
Witnesses must sign in the presence of the testator and each other.
Important Considerations When Making Your Will
Choosing the Right Executor
The executor is the person or organisation responsible for ensuring your wishes are carried out. This includes:
Applying for probate
Paying debts and taxes
Distributing assets to beneficiaries
You may appoint a trusted individual (like a family member), or a professional such as a solicitor or trustee company. It's important to choose someone reliable, organised, and impartial.
Appointing Guardians for Children
If you have children under 18, your will is the right place to nominate a legal guardian. Without a nominated guardian, the court may appoint someone on your behalf.
Discuss your decision with the proposed guardian ahead of time to confirm they're willing to accept the role.
Assets Covered in an Australian Will
A will can cover a wide range of property and assets, including:
Real estate
Bank accounts
Vehicles and valuables
Personal belongings
Shares and investments
Intellectual property and digital assets
However, some assets may fall outside the will, such as superannuation and life insurance policies, which are usually dealt with via binding death benefit nominations. It's essential to coordinate these with your will to avoid conflicts.
How to Make a Will in Australia: Step-by-Step
List Your Assets and Liabilities
Choose Your Beneficiaries
Appoint an Executor
Nominate Guardians (if needed)
Write Your Will or Engage a Lawyer
Sign and Witness the Document Properly
Store It Safely
Update It When Circumstances Change
DIY Wills vs. Using a Lawyer in Australia
While DIY will kits and online platforms are available in Australia, they come with legal risks. Incorrect witnessing, ambiguous language, or missing legal clauses can render a will invalid or open to contest.
Advantages of Using a Lawyer
Complies with state-specific laws
Reduces the chance of the will being contested
Ensures tax efficiency and coordination with superannuation
Handles complex estates or family dynamics
Common Mistakes to Avoid
Failing to sign the will correctly
Using beneficiaries as witnesses
Forgetting to update the will after marriage, divorce, or the birth of children
Overlooking the treatment of superannuation and trusts
In Australia, marriage revokes a will, unless it specifically states otherwise, so updating your will after major life changes is essential.
Where to Store Your Will in Australia
Store your will in a safe, accessible place. Options include:
With your solicitor
In a safe deposit box
At a trustee company (like the NSW Trustee & Guardian)
In a secure home safe
Make sure your executor knows where the will is kept.
Can a Will Be Contested in Australia?
Yes. A will can be challenged if:
The testator lacked capacity
It was made under undue influence
Dependants were unfairly excluded
Australian laws allow eligible persons (such as spouses, children, or financial dependants) to make a family provision claim if they believe they haven't been properly provided for.
FAQs About Making a Will in Australia
Costs vary—DIY kits can be under $50, while a solicitor-drafted will typically ranges from $300 to $800, depending on complexity.
Yes, but any updates must be properly executed. Significant changes are usually best handled by drafting a new will.
Not necessarily, but legal advice is strongly recommended, especially for larger estates or blended families.
Probate is the court's official recognition of a will's validity. It allows the executor to manage and distribute the estate.
Yes,but paper wills are still the most legally secure.
Your estate is distributed under intestacy laws, which may not align with your wishes. A court-appointed administrator will manage your estate.
Protect Your Legacy—Make a Will in Australia
Creating a will in Australia is a proactive, legally binding way to ensure your assets are distributed according to your wishes and your loved ones are protected. Whether you're 30 or 70, own property or not, making a will is essential for every Australian adult.
Our firm specialises in helping Australians navigate estate planning with confidence. Let us help you draft a will that stands the test of time and honours your life's work.
