How to Make a Will in Victoria: Requirements, Witnesses and What Happens Next

General information, not legal advice. This guide is our best interpretation of Victorian 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 Victoria: who can make one, how it must be signed and witnessed, what can cancel it, and what happens after you die.

Quick Answer

In Victoria, a will is governed by the Wills Act 1997 (Vic). It must be in writing, signed by you, and witnessed by two witnesses who are present together when you sign (s7). You can also sign by video link if one witness is a special witness, such as a lawyer or Justice of the Peace (s8A). A gift to someone who witnesses your will is not void in Victoria (s11). Marriage generally cancels an existing will unless it was made with that marriage in mind (s13).

Who can make a will in Victoria

You generally need to be 18 or over (Wills Act 1997 (Vic) s5). A person under 18 can make a valid will only if they are married or making it in contemplation of a particular marriage (s6), or if the Supreme Court authorises a will in specific terms (s20).

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 Victoria

Section 7 of the Wills Act 1997 (Vic) 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 making a 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 you sign. The Act sets no minimum age, but it is best to use adults who could later explain what happened.
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 of the will, initial each page, and have the witnesses write their names and addresses. Keep the original somewhere safe and tell your executor where it is.

Remote witnessing by video

Since 2021, Victoria has had a permanent remote execution procedure (s8A). You can sign with witnesses watching over an audio-visual link, as long as:

• one witness is a special witness, such as an Australian legal practitioner or a Justice of the Peace;
• all the witnesses can clearly see you sign;
• the special witness signs last and adds statements to the will confirming the procedure was followed; and
• the whole procedure is done on the same day and within Victoria.

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

Who should witness

Anyone who can see you sign and attest to it can be a witness (s10). Adults are the sensible choice. In Victoria, a person who witnesses your will (or their spouse or domestic partner) can still receive a gift under it (s11). Even so, two independent witnesses (not beneficiaries, and not their partners) is the safest choice, because it avoids later questions about whether the will reflects your wishes.

If something goes wrong

If a will was not signed or witnessed correctly, the Supreme Court can still admit a document as a will if it is satisfied you intended it to be your will (s9). 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 Victoria the court may allow an executor commission for their work of up to 5% of the estate, as is just and reasonable (Administration and Probate Act 1958 (Vic) s65). 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. It is an important statement of your wishes, but 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 (s13). The exceptions are a will made in contemplation of that 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 it appears you intended otherwise (s14). The will is then read as if your former spouse had died before you. Separation on its own does not change your will, and neither does the end of a domestic partnership.
• A new will that says it revokes earlier wills.
• Destroying the will with the intention of revoking it.

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 Victoria

Your executor usually applies to the Supreme Court of Victoria for a grant of probate, which confirms the will is valid and lets them deal with your assets.

Some people can make a family provision claim if they believe they were not adequately provided for. They generally must apply within six months of the grant (Administration and Probate Act 1958 (Vic) s99). The court can extend the time, but only if the extension is sought before the estate is finally distributed. Eligible people include a spouse or domestic partner, children and step-children (including adult children), some former spouses or partners, and certain grandchildren, household members and others who depended on you. The court must also be satisfied you had a moral duty to provide for them.

If you die without a will in Victoria

If you die without a valid will, your estate passes under the intestacy rules in the Administration and Probate Act 1958 (Vic). For deaths since 1 November 2017, a surviving partner generally takes the whole estate. If you also leave children from another relationship, your partner receives your personal belongings, a fixed statutory amount (indexed each year) and half of the rest, and your children share the other half. If the estate is smaller than the statutory amount, your partner takes it all. Different rules apply if you leave more than one partner. 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 Victoria's 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.

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Sources

• Wills Act 1997 (Vic)
• Administration and Probate Act 1958 (Vic)