How to Make a Will in New South Wales: Requirements, Witnesses and What Happens Next

General information, not legal advice. This guide is our best interpretation of New South Wales law as at October 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. If your situation is complex, or you are unsure about anything here, please get legal advice.

This guide explains how to make a valid will if you live in New South Wales: who can make one, how it must be signed and witnessed, what can cancel it, and what happens after you die.

Quick Answer

In New South Wales, wills are governed by the Succession Act 2006 (NSW). A will must be in writing, signed by you, and witnessed by two witnesses who are present together when you sign (s6). A gift to someone who witnesses your will is generally void unless an exception applies (s10), so use independent witnesses. Marriage generally cancels an existing will unless it was made with that marriage in mind (s12).

Who can make a will in New South Wales

You generally need to be 18 or over: the Act says a will made by a minor is not valid (Succession Act 2006 (NSW) s5). A minor can make a valid will if they are married, or if the will is made in contemplation of marriage (it has no effect if that marriage does not take place). The Supreme Court can also authorise a minor to make a will in specific terms, and one of the witnesses must then be the Court's Registrar (s16).

You also need testamentary capacity: you understand that you are making a will, what you own, who might expect to benefit, and the effect of your choices. If there is any doubt about capacity, for example because of illness, a lawyer and a doctor's assessment at the time of signing can help protect the will.

How to sign and witness a will in New South Wales

Section 6 of the Succession Act 2006 (NSW) sets out the formal requirements:

1. In writing. Printed or handwritten.
2. Signed by you, or by someone else in your presence and at your direction, with the intention of executing the will.
3. Two witnesses present at the same time when you sign, or when you acknowledge your signature. A witness must be able to see and attest that you signed (s9).
4. At least two witnesses sign in your presence. They do not need to sign in front of each other.

Good practice: sign at the end, initial each page, and have the witnesses write their names and addresses. Keep the original somewhere safe and tell your executor where it is.

Witnessing by video

NSW law allows the signing of a document, including a will, to be witnessed by audio visual link (Electronic Transactions Act 2000 (NSW) Part 2B, s14G). Each witness must:

• watch you sign in real time;
• sign the will, or a copy of it;
• be reasonably satisfied that what they sign is the same document you signed; and
• add a statement to the will saying how your signature was witnessed and that it was witnessed under that section.

If you are not sure you can meet every step, sign in person with two witnesses instead.

Who should witness

In NSW this matters. If a person who witnesses your will is also given a gift in it, that gift is void as far as it concerns them (s10), unless:

• at least two other people who witnessed the will are not beneficiaries;
• everyone who would benefit directly if the gift failed consents in writing (and has capacity to consent); or
• the court is satisfied that you knew and approved of the gift and made it freely and voluntarily.

The simplest course is two independent adult witnesses who are not beneficiaries (the Act sets no minimum age, but adults can later explain what happened).

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still treat a document as a will if it is satisfied you intended it to form your will (s8). This is a court process, it takes time and money, and it is not guaranteed. It is far better to sign correctly in the first place.

Choosing an executor

Your executor carries out your will: they apply for probate, collect your assets, pay debts and distribute what is left. Choose someone you trust, and name a backup in case they cannot act. An executor can also be a beneficiary. In NSW the court may allow an executor commission for their work that is just and reasonable (Probate and Administration Act 1898 (NSW) s86); the section sets no fixed percentage, and the court can reduce commission it considers excessive (s86A). An executor does not have to claim commission, and a will can also deal with executor pay.

Guardians for children under 18

You can name a guardian in your will for children under 18. If one parent dies, the surviving parent usually keeps parental responsibility under the Family Law Act 1975 (Cth). Your choice matters most if neither parent can care for your children. A court can make orders in the child's best interests if anyone disputes it. Talk to the person first, and consider a backup.

What can cancel or change your will

• Marriage generally revokes your will (s12). The exceptions include a will made in contemplation of that particular marriage, a will that says it is made in contemplation of marriage generally, and gifts to or appointments of the person you are married to when you die. Make a new will when you marry.
• Divorce (or annulment) generally revokes gifts to your former spouse and their appointment as executor, trustee or guardian, unless the will shows a contrary intention (s13). The will then takes effect as if your former spouse had died before you. Separation on its own does not change your will, and s13 does not apply to the end of a de facto relationship, so update your will yourself.
• A later will that revokes it, or a signed and witnessed document declaring that you revoke it (s11).
• Destroying the will with the intention of revoking it (s11).

Review your will after any major life change: marriage, separation, a new child, a death in the family, or buying or selling significant assets.

After you die: probate in New South Wales

Your executor usually applies to the Supreme Court of New South Wales for a grant of probate, which confirms the will and lets them deal with your assets. Notice of the intended application generally must be published at least 14 days before the application is made (Probate and Administration Act 1898 (NSW) s42); the Supreme Court publishes these notices online through its registry.

Some people can make a family provision claim if adequate provision was not made for them. They generally must apply within 12 months of the date of death (Succession Act 2006 (NSW) s58), unless the court allows a later claim for sufficient cause or the parties consent. Eligible people are a spouse, a de facto partner, children (including adult children), a former spouse, certain grandchildren or household members who were dependent on you, and a person who was living with you in a close personal relationship (providing domestic support and personal care) when you died (ss3, 57). Some of these people must also show factors that warrant the claim (s59).

NSW also has notional estate rules: in some circumstances the court can treat property outside your estate, such as certain gifts made shortly before death or jointly owned property, as available for a claim (ss75, 76 and 80). Get legal advice if this may affect you.

If you die without a will in New South Wales

If you die without a valid will, your estate passes under the intestacy rules in Chapter 4 of the Succession Act 2006 (NSW). A spouse includes a registered partner, or a de facto partner of at least two years or with whom you had a child (ss104, 105). If you leave a spouse and no children or other descendants, or descendants who are all also your spouse's, your spouse generally takes the whole estate (ss111, 112). If you also leave children or other descendants who are not your spouse's, your spouse receives your personal effects, a statutory legacy (indexed to inflation) and half of the rest, and your children share the remainder (ss113, 106, 127). Different rules apply if you leave more than one spouse. These rules may not match what you would have chosen, which is the main reason to make a will.

Making your will with WillBuddy

WillBuddy asks plain-English questions, one at a time, and drafts a will designed to meet New South Wales' requirements. Once you unlock printing, you print it and sign it with two witnesses as described above; WillBuddy shows you how. A will must be signed and witnessed correctly to be formally valid, and WillBuddy cannot promise that any will is valid. WillBuddy is not a law firm and does not give legal advice, so if you are unsure about anything, or your situation involves a family trust, a business, or someone you plan to leave out, please get legal advice.

Start your will

Sources

• Succession Act 2006 (NSW)
• Probate and Administration Act 1898 (NSW)
• Electronic Transactions Act 2000 (NSW)