Knowledge Centre
Making a Will in Australia: What a Valid Will Needs, State by State
Make a will in Australia with our complete guide. Learn how to write a valid will, the legal requirements and the witnessing rules, with a guide for every state and territory.
Quick Answer
To make a valid will in Australia, generally be 18+ (limited exceptions vary by state), have testamentary capacity, clearly state it's your will, sign it (at the end is best practice) in front of two independent witnesses (not beneficiaries) present together, and have them sign in your presence. Use a clear template or guided service; complex situations benefit from professional or AI-guided help.
Creating a will is one of the most important legal documents you'll ever prepare. In Australia, specific legal requirements must be met for your will to be valid and enforceable. This section covers the essentials and links to detailed guides so you can move quickly and avoid common mistakes.
This guide is part of WillBuddy's Knowledge Centre to help you make a will Australia with confidence. We explain your state's rules in plain English.
Use this guide to make a will Australia with confidence. Learn how to write a will in Australia, the key will requirements Australia, and how to sign your will so your wishes are recorded properly. WillBuddy makes this process easier by guiding you through each step with plain questions (see how the product works). WillBuddy doesn't give legal advice.
In This Section You'll Learn
- How to write and sign a valid will in Australia
- The exact legal requirements (age, capacity, witnesses, signature)
- State-by-state differences in will legislation
- When a free template is enough, and when to use professional help
- Common mistakes that can invalidate your will
Featured Guides in This Pillar
- How to Make a Will in Australia – Step-by-step process
- How to Make a Will in Victoria: signing, witnessing, video witnessing, marriage and divorce, under Victorian law
- How to Make a Will in NSW: signing, witnessing, video witnessing, beneficiary witnesses and probate, under New South Wales law
- How to Make a Will in Queensland: signing, witnessing, beneficiary witnesses, separation and probate, under Queensland law
- Enduring Power of Attorney: what it is, and each state's official form, witnesses and registration
- Binding Super Nominations: making sure your super goes where you want, because your will does not control it
- How to Make a Will in WA: signing, witnessing, marriage and divorce (which revokes the whole will), under Western Australian law
- How to Make a Will in SA: signing, witnessing, marriage, divorce and probate, under the Succession Act 2023 (SA)
- How to Make a Will in Tasmania: signing, witnessing, beneficiary witnesses, marriage, divorce and probate, under Tasmanian law
- How to Make a Will in the ACT: signing (witnesses sign in front of each other), marriage, divorce and probate, under ACT law
- How to Make a Will in the NT: signing, witnessing, beneficiary witnesses, guardians and probate, under Northern Territory law
- Will Requirements in Australia – Legal validity checklist
- Free Will Template Australia – Template guidance
Why Making a Will Matters
What Happens Without a Will?
If you die without a valid will (intestate), your estate is distributed according to state intestacy laws, which may not reflect your wishes:
| State | Spouse Only | Spouse + Children | Children Only |
|---|---|---|---|
| NSW | Spouse inherits all | Spouse inherits all if every child is also the spouse's; otherwise personal effects, a statutory legacy (indexed to inflation) and half the remainder | Children share equally |
| VIC | Spouse inherits all | Partner inherits all if every child is also the partner's; otherwise personal chattels, a fixed statutory amount (indexed each year) and half the residue | Children share equally |
| QLD | Spouse inherits all | Spouse gets $150,000 and household chattels, plus half the residue (one child) or one-third (more than one child) | Children share equally |
Without a will, you cannot:
- Choose who receives specific assets
- Appoint guardians for minor children
- Select your preferred executor
- Minimise family disputes
- Provide for people outside intestacy categories (friends, charities, step-children)
Legal Requirements for a Valid Will
Essential Requirements (All States)
| Requirement | Details |
|---|---|
| Age | Generally 18 or older (limited exceptions vary by state; WA has no exception for married minors) |
| Testamentary capacity | Sound mind, understanding of will-making, assets, and beneficiaries |
| Written document | Must be in writing (typed or handwritten) |
| Signature | Testator must sign the will (at the end is best practice, and the ACT requires it) |
| Witnesses | Two witnesses, present at the same time (no Act sets a minimum age; adults are best practice) |
| Witness signatures | Both witnesses sign in testator's presence (in each other's presence too is best practice, and the ACT requires it) |
| Independence | Witnesses should not be beneficiaries (the gift can be void in NSW, QLD, TAS and NT) |
State Legislation
| State | Primary Legislation | Key Sections |
|---|---|---|
| NSW | Succession Act 2006 (NSW) | ss 5–10 (formal requirements) |
| VIC | Wills Act 1997 (Vic) | ss 6–10 (execution) |
| QLD | Succession Act 1981 (Qld) | ss 9–17 (form and execution) |
| WA | Wills Act 1970 (WA) | ss 7–10 (execution) |
| SA | Succession Act 2023 (SA) | s 8 (formal validity) |
| TAS | Wills Act 2008 (Tas) | ss 7–11 (execution requirements) |
Step-by-Step: How to Make a Will
Step 1: Gather Your Information
Before drafting, collect:
Personal Details:
- Full legal name and any aliases
- Current address
- Date of birth
Assets to Include:
- Real estate (owned solely or as tenants in common)
- Bank accounts and investments
- Superannuation (note: usually distributed separately)
- Vehicles, boats, caravans
- Businesses or business interests
- Personal effects (jewellery, art, collectibles)
- Digital assets (accounts, cryptocurrency)
Beneficiaries:
- Full names and relationships
- Specific gifts you want to make
- How to divide the residue (remainder)
Key Appointments:
- Executor(s) – who will administer your estate
- Guardian(s) – for minor children
- Trustee(s) – if creating trusts
Step 2: Draft Your Will
| Approach | Best For |
|---|---|
| DIY template | Simple estates, single beneficiaries |
| Online will service | Moderate complexity, guided process |
| Solicitor | Complex estates, blended families, trusts |
| Public Trustee | Pension recipients, simple estates |
Step 3: Execute Your Will
Proper signing procedure:
- All parties gather together (testator + 2 witnesses)
- Testator signs at the end of the will
- Witnesses watch testator sign
- First witness signs while testator and second witness watch
- Second witness signs while testator and first witness watch
- All sign on the same occasion
Witness requirements:
- Adults are best practice (no state or territory Act sets a minimum age)
- Must be able to see you sign
- Should not be beneficiaries (in NSW, QLD, TAS and the NT the gift to them is generally void unless an exception applies)
- Should not be spouses of beneficiaries
- Professional witnesses (lawyers, bank staff) are ideal
Step 4: Store Your Will Safely
| Storage Option | Pros | Cons |
|---|---|---|
| Home safe | Easy access, no cost | Fire/flood risk, may not be found |
| Bank safe deposit | Secure, fire-resistant | Access may be delayed after death |
| Solicitor's office | Professional storage, often free | May move or close |
| Public Trustee | Low cost, state-backed | Must use their forms |
| Supreme Court | Official repository | Fees apply in some states |
Critical: Tell your executor where your will is stored.
What to Include in Your Will
Essential Clauses
| Clause | Purpose |
|---|---|
| Revocation clause | Revokes all previous wills |
| Executor appointment | Names who administers your estate |
| Specific gifts | Leaves particular assets to named people |
| Residuary gift | Disposes of everything else |
| Guardian appointment | Names guardians for minor children |
| Funeral wishes | Express your preferences (not legally binding) |
Optional Clauses
| Clause | When Needed |
|---|---|
| Testamentary trusts | Protecting assets for minors, vulnerable beneficiaries |
| Life interests | Allowing someone to use property during their lifetime |
| Substitute beneficiaries | Backup if primary beneficiary dies first |
| Powers for executors | Investment powers, business continuation |
| Digital asset provisions | Access to online accounts, cryptocurrency |
Common Mistakes That Invalidate Wills
Mistake 1: Improper Witnessing
Problem: Witnesses not present together, or beneficiary as witness Solution: Two independent adults, all present at signing
Mistake 2: Not Signing Every Page
Problem: Pages could be substituted Solution: Initial each page, sign the final page
Mistake 3: Making Changes After Signing
Problem: Crossing out or adding text after execution is invalid Solution: Use a codicil or make a new will for changes
Mistake 4: Unclear Beneficiary Descriptions
Problem: "My nephew John" when you have two nephews named John Solution: Use full names and relationships, or unique identifiers
Mistake 5: Not Revoking Previous Wills
Problem: Multiple wills create confusion and litigation Solution: Include clear revocation clause in new will
State Differences: NSW, VIC, QLD
New South Wales
| Aspect | NSW Rule |
|---|---|
| Legislation | Succession Act 2006 (NSW) |
| Witnesses | Two witnesses (adults best practice), present together |
| Beneficiary witness | Gift to witness is void unless an exception applies (s10) |
| Court rectification | Available if intent is clear (s27) |
| Family provision | Eligible persons can claim (Ch 3) |
Victoria
| Aspect | VIC Rule |
|---|---|
| Legislation | Wills Act 1997 (Vic) |
| Witnesses | Two witnesses (adults best practice), present together |
| Beneficiary witness | Gift is not void; the witness can still benefit (s11) |
| Court dispensation | Available for informal wills (s9) |
| Family provision | Eligible persons can claim (Part IV Admin and Probate Act) |
Queensland
| Aspect | QLD Rule |
|---|---|
| Legislation | Succession Act 1981 (Qld) |
| Witnesses | Two witnesses (adults best practice), present together |
| Beneficiary witness | Gift is void unless an exception applies, such as two other independent witnesses or a court order (s11) |
| Informal wills | Court can admit informal documents (s18) |
| Family provision | Eligible persons can claim (Part 4) |
When You Need Professional Help
Consider a Solicitor For:
- Estates over $500,000
- Business owners or company directors
- Blended families with children from multiple relationships
- Potential family provision claims (disinheriting family members)
- Assets in multiple states or countries
- Complex trust structures
- Beneficiaries with disability (Special Disability Trusts)
- Agricultural or farming estates with succession planning
Online Will Services Are Suitable For:
- Straightforward family situations
- Assets primarily in one state
- Clear beneficiary intentions
- Standard executor appointments
- No anticipated disputes
Superannuation and Life Insurance
Important: These Usually Pass Outside Your Will
| Asset Type | How It Passes |
|---|---|
| Superannuation | Per binding death benefit nomination, or trustee decision |
| Life insurance (beneficiary named) | Directly to named beneficiary |
| Life insurance (no beneficiary) | To your estate, then per your will |
| Joint property (joint tenants) | Automatically to surviving owner |
Action required: Review and update your superannuation death benefit nominations separately from your will.
Related Guides
- How to Make a Will in Australia – Detailed walkthrough
- How to Make a Will in Victoria: signing, witnessing, video witnessing, marriage and divorce, under Victorian law
- How to Make a Will in NSW: signing, witnessing, video witnessing, beneficiary witnesses and probate, under New South Wales law
- How to Make a Will in Queensland: signing, witnessing, beneficiary witnesses, separation and probate, under Queensland law
- Enduring Power of Attorney: what it is, and each state's official form, witnesses and registration
- Binding Super Nominations: making sure your super goes where you want, because your will does not control it
- How to Make a Will in WA: signing, witnessing, marriage and divorce (which revokes the whole will), under Western Australian law
- How to Make a Will in SA: signing, witnessing, marriage, divorce and probate, under the Succession Act 2023 (SA)
- How to Make a Will in Tasmania: signing, witnessing, beneficiary witnesses, marriage, divorce and probate, under Tasmanian law
- How to Make a Will in the ACT: signing (witnesses sign in front of each other), marriage, divorce and probate, under ACT law
- How to Make a Will in the NT: signing, witnessing, beneficiary witnesses, guardians and probate, under Northern Territory law
- Will Requirements in Australia – Legal validity checklist
- Free Will Template Australia – Template guidance
- Will Witnesses Requirements – Witness rules
- Online Will vs Lawyer – Comparing options
Further Resources
- LawAccess NSW – Wills
- Victoria Legal Aid – Wills
- Queensland Government – Wills
- Law Council of Australia
Getting Started with WillBuddy
WillBuddy makes creating your will straightforward with AI-guided assistance that adapts to your situation. Start free and preview your complete draft before you pay. Our guided process walks you through the essentials and drafts your will to your state or territory's law.
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This content is general information only and is not legal advice. Estate planning laws vary between Australian states and territories, so consider seeking advice from a qualified legal professional for your specific circumstances.