Creating a will in Australia involves drafting a legally valid document, signing it with two witnesses, and clearly outlining how your assets will be distributed after death.
You can create a will through a solicitor, an online platform, or a DIY method, with each option suited to different levels of estate complexity.
This article covers:
Key Takeaways:
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A legal will in Australia is a written document that meets specific legal requirements under state and territory succession laws, making it enforceable for distributing your estate after death.
The primary laws governing wills are based on each jurisdiction’s Succession Act (for example, the Succession Act 2006 (NSW) or equivalent legislation in other states), which set out the formal rules for validity, execution, and probate.
Beyond asset distribution, a legal will can also formally set out:
It’s also important to note that Australian courts may recognize an informal will (such as a document, email, or even a text message) under special circumstances, but only if the court is satisfied that the deceased intended it to operate as their will.
This process can be costly and uncertain.
The easiest way to make an Australian will is by using an online will platform that guides you through a step-by-step questionnaire and generates a legally compliant document you can sign and witness.
These platforms are designed for simplicity and speed, typically requiring you to:
Most online wills can be completed in under an hour and cost significantly less than hiring a solicitor, making them a popular option for individuals with straightforward estates.
Other easy options include:
While online platforms are the easiest and fastest route, they are best suited for simple situations.
If your estate involves multiple properties, blended families, business interests, or overseas assets, a more customized approach may be necessary to ensure your will is clear and legally robust.
To write a will in Australia, the key steps are listing your assets, naming your beneficiaries, appointing an executor, and signing the document in front of two witnesses to make it legally valid.
1. List your assets and liabilities: Include all property, bank accounts, investments, and debts to provide a complete picture of your estate.
2. Identify your beneficiaries: Decide who will inherit your assets, including family members, friends, or charitable organizations.
3. Appoint an executor: Choose a trusted person to manage your estate and ensure your wishes are carried out.
4. Nominate guardians: If you have children under 18, designate guardians to care for them.
5. Detail distribution instructions: Clearly explain how each asset should be allocated to avoid ambiguity.
6. Sign and witness the will: Sign the document in front of two independent adults who also sign to make the will legally binding.
Clarity and precision are essential as unclear wording or missing elements can lead to disputes or a will being invalidated.
No, you do not legally need a solicitor to make a will in Australia.
Any adult with testamentary capacity can draft, sign, and witness their own will, as long as it meets the legal requirements in their state or territory.
However, hiring a solicitor is strongly recommended for certain situations, including:
Using a solicitor provides more than just legal compliance. They can:
Even for straightforward estates, consulting a solicitor can give peace of mind, particularly if your circumstances may change in the future.
A professionally prepared will is less likely to be contested, helping your loved ones avoid unnecessary stress and legal costs after your passing.
To be legally valid in Australia, a will must be in writing, signed by the testator, and witnessed by at least two adults, among other requirements set by state and territory laws.
Witnesses should not be beneficiaries, as this may invalidate their inheritance or part of the will.
In Australia, the processing of a will including obtaining probate and administering the estate, commonly takes several months to over a year before the executor can finalize distribution of assets.
Typical time frames are:
Overall, simple estates with clear documentation and no disputes may be wrapped up in around 6–12 months, while more complex estates can take a year or longer.
Yes, it is possible to make a will for free in Australia, though options are usually limited to simpler estates.
Free wills are generally available through government or community programs, and can be a good starting point if your assets and family circumstances are straightforward.
Common ways to make a free will include:
While these options can save money, free wills tend to be basic and may not address more complicated situations, such as:
If your estate is more complex, a paid will can ensure your wishes are clearly documented and legally robust.
Even for simple estates, reviewing a free will with a professional can provide peace of mind and help avoid disputes later.
In Australia, the cost to make a legal will ranges from very low-cost DIY options to professional legal drafting, with most people paying between $0 and several thousand dollars based on the complexity of their estate and the service chosen.
Typical cost ranges:
While cheaper options like DIY or basic online services can seem attractive, they carry higher risks of mistakes or invalid execution that may lead to disputes or costly legal issues later on.
In Australia, you can complement or even partially replace a will with other estate planning tools, such as trusts, powers of attorney, and beneficiary nominations, to manage how your assets are handled during and after your lifetime.
While a will provides the legal framework for asset distribution after death, combining it with these alternatives can offer greater flexibility, protection, and clarity for your estate in Australia.
Creating a will in Australia is not only about distributing assets; it’s a lens into how we anticipate uncertainty and exercise control over the future.
The process forces reflection on priorities, relationships, and responsibilities, highlighting the choices that matter most in life as much as in death.
Combining a will with tools like trusts, powers of attorney, and beneficiary nominations doesn’t just protect your estate.
It shapes how your intentions, values, and care for others continue to have impact.
Thoughtful estate planning is, in essence, a form of foresight: it turns legal and financial decisions into a lasting blueprint for how your legacy interacts with the world you leave behind.
A testamentary trust can be more powerful than a will because it allows ongoing control of assets after death, offering tax benefits and asset protection for beneficiaries.
Yes, non-citizens can make a will in Australia. As long as you own assets in Australia, you can create a valid will under local laws.
Yes, DIY wills are legal in Australia if they meet all legal requirements.
However, poorly drafted DIY wills are more likely to be contested or deemed invalid.
No, a lawyer is not required. But for complex estates or to minimize disputes, legal advice is strongly recommended.