Online Will or Lawyer? How to Choose in Australia
General information, not legal advice.
On this page
- The Australian Will-Making Landscape
- Quick Comparison Table
- Understanding Online Will Services
- Understanding Lawyer-Prepared Wills
- When Online Wills Are Suitable
- When You Definitely Need a Lawyer
- Detailed Pros and Cons Analysis
- The Hybrid Approach: Best of Both Worlds?
- Legal Validity: Understanding the Law
- State-Specific Considerations
- Common Mistakes and How to Avoid Them
- Making Your Decision: Framework
- Frequently Asked Questions
- WillBuddy's Honest Approach
- Legislation and Official Resources
- Related Guides
- Further Resources
- Getting Started
Quick answer
Both online and lawyer-prepared wills are equally legally valid when properly executed, so the right choice depends on your estate's complexity and family situation rather than cost alone.
- Online wills: Suit simple to moderate estates with straightforward wishes and clear family structures.
- Lawyer wills (a simple one usually $595 to $1,200+): Best for complex situations like blended families, business assets, or testamentary trusts.
- Either way, validity depends on execution: Both must meet state formalities, including proper witnessing.
- A hybrid approach works too: Start online to organise your wishes, then consult a lawyer for complex elements.
Either way, the goal is the same: a will that names the people you love, and who you'd want to raise your kids. The bigger risk is putting it off. Here's what each way costs.
The Australian Will-Making Landscape
Why This Choice Matters
The decision between online and lawyer-prepared wills affects:
- Your family's financial security after you're gone
- The likelihood of disputes among beneficiaries
- Tax effectiveness of your estate distribution
- Speed of estate administration (probate timeline)
- Your ongoing relationship with estate planning professionals
Quick Comparison Table
| Factor | Online Will Services | Lawyer-Prepared Wills |
|---|---|---|
| Cost | Varies (WillBuddy: free to draft and read, then $39 a year) | A simple will usually $595 to $1,200+, one-off |
| How it works | Plain questions at your own pace; your answers are saved | Appointments and drafts with a solicitor |
| Personalised advice | Limited/none | Full consultation |
| Complex situations | Not recommended | Fully supported |
| Testamentary trusts | Basic only (if any) | Comprehensive |
| Updates | Easy, often free/low cost | Fee per update ($100-$400) |
| Convenience | Complete anytime, anywhere | Appointments required |
| Legal validity | Valid if properly executed | Valid if properly executed |
| Ongoing support | Email/chat support | Full professional relationship |
| Tax planning | Not included | Integrated advice |
| Family provision risk assessment | General guidance only | Specific analysis |
| Best for | Simple-moderate estates | Complex estates |
Understanding Online Will Services
What Are Online Will Services?
Online will services are digital platforms that guide you through creating a will. Good platforms help you meet the legal requirements while staying accessible to everyday Australians.
Key features include:
- Interactive questionnaires gathering your personal details, assets, beneficiaries, and wishes
- Conditional logic that tailors questions and document provisions to your specific answers
- Legal templates or AI drafting, depending on the service (ask whether a lawyer reviewed them)
- Automated validation checking for conflicts, errors, or missing information
- Plain English explanations of legal concepts and requirements
- Secure document generation and storage
How Online Wills Work: Step-by-Step
| Step | What Happens | Time Required |
|---|---|---|
| 1. Create account | Register, verify identity | 5 minutes |
| 2. Personal details | Your information, family structure | 10 minutes |
| 3. Appoint executor(s) | Choose who manages your estate | 10 minutes |
| 4. Guardian nomination | For minor children (if applicable) | 5 minutes |
| 5. Asset overview | List major assets for context | 10 minutes |
| 6. Beneficiary allocation | Who gets what, in what proportions | 15 minutes |
| 7. Specific gifts | Particular items to particular people | 10 minutes |
| 8. System validation | Platform checks for issues | Automatic |
| 9. Document generation | Will created from your answers | Automatic |
| 10. Review and download | Check document, download PDF | 10 minutes |
| 11. Print and execute | Sign with two witnesses | 15 minutes |
| 12. Store safely | Secure original, notify executor | Ongoing |
Total time: Approximately 60-90 minutes (can be saved and resumed)
Online Will Service Costs in Australia (2025)
| Service Level | Typical Cost | What's Included |
|---|---|---|
| Basic | $39-$80 | Simple will with standard provisions, single executor, straightforward distribution |
| Standard | $80-$150 | Multiple executors, specific gifts, guardian nominations, funeral wishes |
| Premium | $150-$200 | Additional complexity, basic discretionary trust provisions, detailed instructions |
| Couples (Mirror Wills) | $80-$300 | Two coordinated wills at discounted rate |
| Updates | $0-$50 | Most platforms offer free or low-cost updates |
| Storage | Often included | Secure digital storage of your will |
What Online Services Typically Include
| ✓ Typically Included | ✗ Usually NOT Included |
|---|---|
| Will document ready to sign and witness | Complex testamentary trust drafting |
| Executor appointment (primary + alternates) | Personalised tax planning advice |
| Beneficiary distribution (percentage or specific) | Asset protection strategies |
| Guardian nomination for minors | Business succession planning |
| Specific gift provisions | Family provision claim assessment |
| Residue distribution | Powers of Attorney |
| Witnessing instructions and guidance | Advance Care Directive |
| Digital document storage | Ongoing professional relationship |
| Basic educational resources | Probate assistance |
| Email/chat support | Complex estate structure advice |
Technology and Security Considerations
Modern online will platforms employ several security measures:
| Security Feature | What to check |
|---|---|
| Encryption | Data encrypted in transit and at rest |
| Data location | Where data is stored, and which providers process it overseas |
| Account security | Strong sign-in, ideally two-factor authentication |
| Privacy policy compliance | Meets Australian Privacy Act requirements |
| Secure PDF generation | Documents are tamper-evident |
| Access controls | Who at the provider can see your will, and when |
Questions to ask any online provider:
- Where is your data stored?
- Who can access your information?
- What happens to your data if the company closes?
- How are documents backed up?
- What is their privacy policy regarding third-party access?
Understanding Lawyer-Prepared Wills
What Lawyers Provide
A lawyer (solicitor) specialising in estate planning provides:
- Face-to-face consultation to thoroughly understand your wishes and situation
- Legal advice on estate planning strategies specific to your circumstances
- Custom drafting with clauses tailored to your exact needs
- Risk assessment for family provision claims with mitigation strategies
- Tax planning integration with other professional advisors
- Complex structures (testamentary trusts, life interests, conditional gifts)
- Ongoing relationship for updates, questions, and life changes
- Probate assistance when the time comes
- Coordination with accountants, financial planners, and other advisors
Lawyer Will Costs in Australia (2025)
| Will Type | Cost Range | What's Typically Included |
|---|---|---|
| Simple will | $300-$600 | Basic will, standard clauses, single consultation |
| Standard will | $400-$800 | Multiple executors, specific gifts, some complexity |
| Complex will | $800-$1,500 | Multiple beneficiary groups, detailed provisions |
| Testamentary trust will | $1,500-$3,000+ | Tax-effective structures, complex trust provisions |
| Mirror wills (couple) | $500-$1,200 | Two matching wills, single consultation |
| Business succession | $1,500-$5,000+ | Company/partnership provisions, buy-sell integration |
| Estate planning package | $2,000-$5,000+ | Will, POA, Advance Care Directive, SMSF review |
Factors Affecting Lawyer Costs
| Factor | Impact on Cost |
|---|---|
| Geographic location | CBD lawyers often charge more than suburban or regional firms |
| Firm size and prestige | Large firms often charge premium rates |
| Lawyer seniority | Partner rates higher than associates ($400-$800/hour vs $250-$400/hour) |
| Billing method | Hourly billing can exceed fixed fees for complex matters |
| Estate complexity | Trusts, business assets, international elements increase time |
| Number of consultations | Additional meetings add to costs |
| Additional documents | Powers of Attorney, Advance Care Directive add $200-$500 each |
| Urgency | Rush jobs may attract premium fees |
Lawyer Costs by Location (2025)
| Location | Simple Will | Standard Will | Complex/Trust Will |
|---|---|---|---|
| Sydney CBD | $500-$800 | $700-$1,200 | $1,500-$3,500 |
| Melbourne CBD | $450-$750 | $650-$1,100 | $1,400-$3,000 |
| Brisbane CBD | $400-$650 | $600-$1,000 | $1,200-$2,800 |
| Perth CBD | $400-$700 | $600-$1,000 | $1,300-$2,800 |
| Adelaide CBD | $350-$600 | $550-$900 | $1,100-$2,500 |
| Suburban areas | $300-$550 | $500-$800 | $1,000-$2,200 |
| Regional areas | $250-$500 | $400-$700 | $800-$1,800 |
How to Find a Good Estate Planning Lawyer
| Method | Details |
|---|---|
| Law Society referral | Each state has a referral service |
| Specialist accreditation | Look for "Accredited Specialist in Wills and Estates" |
| Ask for fixed fees | Get quotes in writing before engaging |
| Read reviews | Google, legal directories, word of mouth |
| Initial consultation | Many offer free or low-cost first meetings |
| Check experience | Ask about similar matters they've handled |
State Law Society contacts:
- NSW: lawsociety.com.au
- VIC: liv.asn.au
- QLD: qls.com.au
- WA: lawsocietywa.asn.au
- SA: lawsocietysa.asn.au
- TAS: lst.org.au
When Online Wills Are Suitable
Ideal Situations for Online Wills
| Your Situation | Why Online Works Well |
|---|---|
| Single with no dependants | Simple distribution needs, low complexity |
| Married couple, adult children | Clear succession path, minimal dispute risk |
| De facto relationship, no children | Straightforward assets, clear intentions |
| Straightforward assets | Home, bank accounts, super, car, personal items |
| Clear wishes | You know exactly what you want, no difficult decisions |
| No anticipated family conflicts | Low risk of contested estate |
| Standard family structure | No blended families or complex relationships |
| Budget conscious | Significant cost savings (often $300-$700+) |
| Time poor | Complete on your schedule, no appointments |
| Tech comfortable | Can navigate online processes confidently |
| Remote location | No easy access to estate planning lawyers |
Online Will Suitability Checklist
You should answer YES to ALL of these to confidently proceed with an online will:
- My family structure is straightforward (married/single/de facto, children from one relationship only)
- I don't own a business, partnership interest, or significant shares in a private company
- My assets are straightforward (property, bank accounts, super, car, personal items)
- I don't need testamentary trusts for tax planning or asset protection
- My beneficiaries are all adults OR I only need simple guardian nomination for minors
- I don't have assets in other countries
- No family members are likely to contest my will
- My estate is under $2 million total value
- I don't have a self-managed super fund (SMSF) requiring special succession planning
- I don't have beneficiaries with special needs requiring Centrelink-compliant trusts
- I'm comfortable making my own decisions about asset distribution
If you answered NO to ANY of these, you should at minimum get a lawyer consultation before proceeding.
Example Scenarios Where Online Works Well
These are hypothetical examples to illustrate the decision, not real clients.
Scenario 1: Young Professional
- Age 32, single, no children
- Assets: $150,000 savings, car, personal items
- Super: $85,000 with death benefit nomination
- Wants: Everything to parents, then siblings
- Verdict: Online will ideal. Simple situation, clear wishes.
Scenario 2: Married Couple, Adult Children
- Both aged 58, married 35 years
- Assets: Family home ($800,000), joint savings ($200,000), cars
- Super: Both have binding nominations to spouse
- Children: Three adult children, good relationships
- Wants: Everything to spouse, then equally to children
- Verdict: Online mirror wills perfect. Classic straightforward situation.
Scenario 3: De Facto Couple, No Children
- Together 8 years, not married
- Assets: Joint home, separate savings
- Wants: Everything to partner, then to respective families
- Verdict: Online will suitable. Simple wishes, standard relationship.
When You Definitely Need a Lawyer
Key point
Use a lawyer for complex situations such as blended families, business ownership, estates over $2 million, testamentary trusts, SMSF members, special needs beneficiaries, or international assets.
Situations Requiring Professional Legal Advice
| Situation | Why Lawyer Is Essential |
|---|---|
| Blended family | Life interest provisions, balancing spouse vs children from prior relationships, high family provision risk |
| Business ownership | Succession planning, buy-sell agreements, company constitution issues, partnership dissolution |
| High net worth (>$2m) | Tax planning, asset protection, potential estate tax (super), complex structures |
| Testamentary trusts needed | Specialist drafting required, ongoing trust administration considerations |
| Special needs beneficiary | Centrelink-compliant Special Disability Trust, ensuring benefits aren't jeopardised |
| International assets | Cross-border estate planning, foreign probate requirements, tax treaties |
| SMSF member | Binding death benefit nominations, lump sum vs pension, reversionary pension |
| Family conflict anticipated | Documentation to support will validity, family provision claim protection |
| Property in multiple states | Different probate requirements, potential multiple grants needed |
| Farmers and primary producers | Succession planning, Primary Production Trust, drought proofing the succession |
| Professional with liability | Asset protection strategies, family trust structures |
| Previous will challenges | Documentation of capacity, witnesses, reasons for provisions |
Red Flags That Definitely Mean "See a Lawyer"
| Red Flag | Why It Requires Professional Advice |
|---|---|
| "It's complicated" | If you think it's complex, it almost certainly is |
| Children from multiple relationships | High family provision risk, need careful drafting |
| Dependent adult children | May have ongoing financial claims regardless of will |
| Recent separation/divorce | Rights may still exist, intestacy rules may apply |
| Assets in company or family trust | You don't personally own these, different succession rules |
| Concerns about someone's capacity | Potential for challenge, need medical documentation |
| Significant debt | Creditor claims, potential insolvency issues |
| Want to exclude family members | Need proper documentation and advice on family provision |
| Overseas beneficiaries | Tax implications, international succession rules |
| Agricultural land | Aggregation, succession, and primary production issues |
Example Scenarios Where a Lawyer Is Essential
These are hypothetical examples to illustrate the decision, not real clients.
Scenario 1: Blended Family
- Married 10 years, second marriage for both
- His children: Two from first marriage (ages 25, 28)
- Her children: One from first marriage (age 22)
- Joint assets: Home ($1.2m), savings ($300,000)
- His separate super: $600,000
- Why lawyer needed: Life interest for surviving spouse? What about his kids if she remarries? Family provision claims from the children are possible. Testamentary trust considerations.
Scenario 2: Business Owner
- Owns 60% of trading company, partner owns 40%
- Company value: ~$2 million
- Other assets: Home, super, savings
- Three children, two work in business
- Why lawyer needed: Buy-sell agreement coordination, shareholder agreement review, business succession (which children?), superannuation structuring, potential family provision issues.
Scenario 3: SMSF Member
- Significant super in SMSF ($1.5m)
- Wants different beneficiaries for super vs other assets
- Blended family situation
- Why lawyer needed: SMSF death benefits have complex tax consequences, binding death benefit nominations, reversionary pension options, coordination with will.
Scenario 4: Special Needs Child
- Adult child with permanent disability on DSP
- Needs ongoing care and support
- Want to provide for them without affecting pension
- Why lawyer needed: Special Disability Trust drafting, Centrelink compliance, trustee selection, coordination with NDIS.
Detailed Pros and Cons Analysis
Online Will Services
| Advantages | Explanation |
|---|---|
| Significantly lower cost | $39-$200 vs $300-$3,000+ for comparable lawyer will |
| Convenience | Complete from home, any time, at your own pace |
| Speed | Often finished in under an hour vs weeks with lawyer |
| Guided process | Step-by-step ensures nothing important is missed |
| No appointment scheduling | Fits around your life, not lawyer's calendar |
| Easy updates | Quick changes when circumstances change |
| Consistent quality | Tested templates reduce drafting errors |
| Digital storage | Secure backup always available |
| Accessible | Available in remote areas without lawyers |
| Privacy | No need to discuss finances with another person |
| Disadvantages | Explanation |
|---|---|
| No personalised legal advice | Can't ask "what should I do in my situation?" |
| Not suitable for complex estates | Testamentary trusts, business succession beyond scope |
| Limited unique situation handling | Unusual provisions may not be possible |
| Execution is your responsibility | Must print, sign, witness correctly yourself |
| No ongoing professional relationship | No one to call with questions over years |
| May miss tax planning opportunities | No integration with broader financial planning |
| Can't assess family provision risk | General guidance only, not specific to your family |
| No assistance with probate | After death, family may need lawyer anyway |
| Technology requirement | Need computer/internet access and basic skills |
Lawyer-Prepared Wills
| Advantages | Explanation |
|---|---|
| Personalised advice | Tailored recommendations for your exact situation |
| Handles any complexity | Trusts, business succession, international, all covered |
| Tax planning integration | Works with accountants for optimal outcomes |
| Family provision protection | Specific advice on minimising challenge risk |
| Proper trust drafting | Complex structures done correctly |
| Ongoing relationship | Call with questions, life changes, concerns |
| A qualified review | Someone qualified has checked it |
| Complete estate planning | Will, POA, Advance Care Directive together |
| Probate assistance available | Same firm can help when needed |
| Document storage | Many firms store wills securely |
| Disadvantages | Explanation |
|---|---|
| Higher cost | $300-$3,000+ depending on complexity |
| Appointments required | Must fit lawyer's schedule, take time off work |
| Longer process | Usually 1-4 weeks from first meeting to signed will |
| Update fees | Each change costs $100-$400+ |
| Geographic limitations | May need to travel to office |
| Quality varies | Not all lawyers are estate planning specialists |
| Can be intimidating | Some people uncomfortable with lawyers |
| May be overkill | Simple situations don't need $800 will |
| Hourly billing risk | Complex matters can exceed quoted fees |
The Hybrid Approach: Best of Both Worlds?
What Is a Hybrid Approach?
You may benefit from combining online research/preparation with targeted professional advice:
| Step | What You Do | Benefit |
|---|---|---|
| 1 | Use online service to organise your thoughts and wishes | Clarifies what you want, identifies assets |
| 2 | Work through online questions to understand complexity | Reveals issues you may not have considered |
| 3 | Identify specific areas of uncertainty or complexity | Know exactly what to ask a lawyer |
| 4 | Consult lawyer for specific issues only | Targeted, efficient advice (often single consultation) |
| 5 | Complete will with appropriate service | Best value for your actual situation |
When Hybrid Works Best
- Moderate complexity, some issues but not extensive
- Budget conscious, want professional input without full lawyer fees
- Specific questions, just need clarity on one or two points
- Verification, want professional review of your thinking
- Second opinion, questioning previous advice
- Learning, want to understand your options before deciding
Hybrid Cost Example (Illustrative)
| Approach | Cost | What You Get |
|---|---|---|
| Online only | $150 | Complete will, self-directed |
| Lawyer only | $800 | Complete will with consultation |
| Hybrid | $150 + $250 = $400 | Online will + one-hour lawyer review |
In this illustration, the hybrid approach gives you professional input for less than a full lawyer engagement. Actual fees vary.
Questions to Ask in a Hybrid Lawyer Consultation
- "Is my situation simple enough for an online will?"
- "Are there any issues I haven't considered?"
- "What family provision risks do I face?"
- "Do I need testamentary trusts?"
- "Are there tax implications I should know about?"
- "Is there anything in my online will I should change?"
Legal Validity: Understanding the Law
Key point
Online and lawyer-prepared wills are equally valid. The law focuses on how a will is executed, including proper witnessing, not on how it was drafted.
Are Online Wills Less Valid Than Lawyer Wills?
Absolutely not. Both online and lawyer wills are equally valid when properly executed. The law focuses on HOW a will is executed, not HOW it was drafted.
Legal Requirements for Valid Wills (All States)
| Requirement | Online Will | Lawyer Will | Legal Basis |
|---|---|---|---|
| In writing | ✓ | ✓ | Each state's wills legislation |
| Signed by testator | ✓ | ✓ | ss 6-10 typical numbering |
| Signed at end of will | ✓ | ✓ | Best practice (required in the ACT) |
| Two adult witnesses | ✓ | ✓ | Adults are best practice (no state or territory Act sets a minimum age) |
| Witnesses present together | ✓ | ✓ | Both see testator sign |
| Witnesses sign in presence | ✓ | ✓ | In the testator's presence (each other's too is best practice; required in the ACT) |
| Testamentary capacity | ✓ | ✓ | Banks v Goodfellow test |
| No undue influence | ✓ | ✓ | Free will of testator |
The source of the words in your will, whether typed by a lawyer, generated by software, or written by hand, is legally irrelevant.
What Makes ANY Will Invalid
| Issue | Impact | How to Avoid |
|---|---|---|
| Incorrect witnessing | Entire will potentially invalid | Follow witnessing instructions exactly |
| Witness is beneficiary | Gift to that witness can fail in NSW, QLD, TAS and the NT (subject to exceptions); not in VIC, SA, WA or the ACT | Use independent witnesses only |
| Witness is spouse of beneficiary | Not a legal bar, but undermines independence | Use completely independent witnesses |
| Lack of capacity | Will may be set aside | Make will while of sound mind |
| Undue influence | Will may be set aside | Make decisions freely, document reasoning |
| Fraud or forgery | Will invalid | Keep original secure |
| Later valid will exists | Earlier will revoked | Destroy old wills after making new one |
| Marriage after will | Will generally revoked in every state and territory (exceptions vary by state) | Make new will after marriage |
| Divorce | Gifts to ex-spouse generally fail (in WA the whole will is generally revoked) | Review will after divorce |
| Alterations to signed will | Changes invalid unless properly witnessed | Don't write on signed will, make new one |
Capacity: The Banks v Goodfellow Test
To have testamentary capacity, you must understand:
- The nature of making a will (you're deciding who gets your assets after death)
- The extent of your estate (broadly what you own)
- The claims of potential beneficiaries (who might expect to inherit)
- That you're not suffering from a disorder affecting these understandings
Important: You don't need to remember every asset or make "rational" decisions, just understand the basics of what you're doing.
State-Specific Considerations
New South Wales
| Aspect | NSW Details |
|---|---|
| Legislation | Succession Act 2006 (NSW) |
| Witness requirements | Two witnesses (no minimum age in the Act; adults are best practice); a gift to a witness is void unless an exception applies (s10) |
| Electronic wills | Remote witnessing by audio-visual link permitted under the Electronic Transactions Act 2000 (NSW) s14G |
| Informal wills | Court can validate under s8 if satisfied of intentions |
| Family provision eligibility | Spouse, de facto, child, former spouse, dependant, household member, close relationship |
| Family provision time limit | 12 months from date of death |
| Intestacy rules | Succession Act 2006 Chapter 4 |
NSW considerations:
- Broad family provision eligibility, including a person living with you in a close personal relationship, plus notional estate rules
- Remote (audio-visual) witnessing available, but specific requirements apply
- Document your reasons if you plan to leave out family members
- On intestacy, a de facto partner of at least two years (or with whom you had a child) counts as a spouse
- See How to Make a Will in NSW
Victoria
| Aspect | VIC Details |
|---|---|
| Legislation | Wills Act 1997 (Vic) |
| Witness requirements | Two witnesses (no minimum age in the Act; adults are best practice); a gift to a beneficiary-witness is NOT void (s11) |
| Electronic wills | Remote execution by audio-visual link under s8A (one special witness, same day, within Victoria) |
| Informal wills | Court discretion under s9 |
| Family provision eligibility | Spouse or domestic partner, children and step-children, some former partners, certain grandchildren, household members and dependants |
| Family provision time limit | 6 months from grant of probate |
| Intestacy rules | Administration and Probate Act 1958 (Vic) |
VIC considerations:
- Family provision claims generally within 6 months of the grant (NSW: 12 months from death)
- Strict witnessing requirements, follow precisely
- Courts generally require "moral duty" basis for claims
- See How to Make a Will in Victoria
Queensland
| Aspect | QLD Details |
|---|---|
| Legislation | Succession Act 1981 (Qld) |
| Witness requirements | Two witnesses (adults are best practice); a gift to a beneficiary-witness is void unless an exception applies (s11) |
| Electronic wills | No procedure for witnessing a will by video; sign in person |
| Informal wills | Court can validate under s18 |
| Family provision eligibility | Spouse (including a qualifying de facto partner), children (generally including stepchildren), certain dependants |
| Family provision time limit | 9 months from date of death |
| Intestacy rules | Succession Act 1981 Part 3 |
QLD considerations:
- Stepchildren generally count as children for family provision (s40A)
- 9-month claim period (from death)
- Divorce or the end of a de facto relationship generally revokes gifts to the former partner (s15, s15B)
- See How to Make a Will in Queensland
Other States and Territories
| State/Territory | Key Legislation | Family Provision Period | Notable Features |
|---|---|---|---|
| South Australia | Succession Act 2023 (SA), replaced Wills Act 1936 + Inheritance (Family Provision) Act 1972 from 1 Jan 2025 | 6 months from grant | Gift to a beneficiary-witness not void (s13); see SA guide |
| Western Australia | Wills Act 1970 (WA), Family Provision Act 1972 | 6 months from the executor becoming entitled to administer the estate | Divorce generally revokes the whole will (s14A); see WA guide |
| Tasmania | Wills Act 2008 (Tas), Testator's Family Maintenance Act 1912 | 3 months from grant | Gift to a beneficiary-witness generally void unless an exception applies (s12); see Tasmania guide |
| ACT | Wills Act 1968 (ACT), Family Provision Act 1969 | 6 months from grant | Witnesses must sign in front of you and each other (s9); see ACT guide |
| Northern Territory | Wills Act 2000 (NT), Family Provision Act 1970 | 12 months from grant | Gift to a beneficiary-witness generally void unless an exception applies (s12); see NT guide |
Common Mistakes and How to Avoid Them
Online Will Mistakes
| Mistake | Consequence | Prevention |
|---|---|---|
| Not printing and signing | Will is just a draft, not legally valid | Complete execution process |
| Wrong witnessing | Will invalid or gifts fail | Follow instructions exactly |
| Using family as witnesses | Gifts to a witness can fail in NSW, QLD, TAS and the NT | Use independent witnesses only |
| Not updating after changes | Old will doesn't reflect current wishes | Review annually, update as needed |
| Not telling executor | They don't know where will is | Inform executor, provide location |
| Storing only digitally | Signed original required for probate | Keep signed original safe |
| Not revoking old wills | Confusion about which applies | Destroy old wills after new one signed |
| DIY complex situations | Inadequate provisions, likely disputes | Get professional advice |
Lawyer Will Mistakes
| Mistake | Consequence | Prevention |
|---|---|---|
| Not reviewing periodically | Will becomes outdated | Schedule reviews every 3-5 years |
| Using non-specialist | May miss estate planning opportunities | Seek estate planning specialists |
| Not discussing with family | Surprises lead to disputes | Consider family discussion |
| Assuming lawyer handles everything | May still need to make decisions | Stay engaged in process |
| Not updating after life changes | Will doesn't reflect current situation | Review after any major change |
| Choosing cheapest option | May indicate inexperience | Balance cost with quality |
| Not getting full package | Missing POA, Advance Care Directive | Consider complete estate plan |
General Estate Planning Mistakes
| Mistake | Consequence | Prevention |
|---|---|---|
| No will at all | Intestacy rules apply, often not your wishes | Make any will, imperfect will beats no will |
| Forgetting superannuation | Super may not go where will directs | Make binding death benefit nominations |
| Ignoring jointly owned assets | Pass by survivorship, not will | Understand asset ownership |
| Not reviewing beneficiary nominations | Old nominations override will | Review all nominations |
| Assuming everything automatic | Assets can get "stuck" | Plan for all assets |
| Not planning for incapacity | No one can manage if you're alive but unwell | Make Enduring Power of Attorney |
Making Your Decision: Framework
Decision Questions
| Question | If YES | If NO |
|---|---|---|
| Is my estate under $500,000? | Online likely suitable | Consider complexity below |
| Estate $500,000-$2m with simple structure? | Online may be suitable | Consider lawyer consultation |
| Estate over $2 million? | Lawyer strongly recommended | - |
| Are my assets simple (home, bank, super)? | Online likely suitable | Lawyer may be needed |
| Is my family structure straightforward? | Online likely suitable | Lawyer recommended |
| Do I need testamentary trusts? | Lawyer required | Online may work |
| Do I own a business or partnership? | Lawyer recommended | Online may work |
| Is family conflict likely? | Lawyer strongly recommended | Online may work |
| Do I have overseas assets? | Lawyer required | Online may work |
| Do I have an SMSF? | Lawyer recommended | Online may work |
| Beneficiary with disability? | Lawyer required | Online may work |
| Am I comfortable with technology? | Online likely suitable | Consider alternatives |
| Do I want tax planning integration? | Lawyer recommended | Online may work |
Scenario-Based Cost-Benefit Analysis (Illustrative)
Costs below are indicative examples only; actual fees vary by provider.
| Scenario | Online Cost | Lawyer Cost | Recommendation | Reasoning |
|---|---|---|---|---|
| Single, no dependants, <$500k | $100 | $450 | Online | Simple situation, significant savings |
| Married, adult children, $800k | $150 (couple) | $700 | Online | Straightforward, good value |
| De facto, no kids, joint property | $150 | $500 | Online | Simple, clear wishes |
| First home buyer, young couple | $150 | $600 | Online | Start somewhere, update later |
| Married, young children, $1m | $150 | $650 | Online | Guardianship handled online |
| Blended family, any value | N/A | $800-$1,500 | Lawyer | Complex provisions needed |
| Business owner | N/A | $1,500+ | Lawyer | Succession planning essential |
| SMSF member | $150 + $250 consult | $1,000+ | Hybrid | SMSF needs specific advice |
| Estate >$2m | N/A | $1,500+ | Lawyer | Tax planning valuable |
| Family conflict expected | N/A | $800+ | Lawyer | Documentation essential |
Frequently Asked Questions
"What happens if I start online and realise I need a lawyer?"
Nothing is wasted. The thinking you've done, identifying assets, considering beneficiaries, thinking about executors, makes your lawyer consultation more efficient. You arrive knowing what you want to achieve.
"Can a lawyer review my online will?"
Yes, many offer will review services for $200-$400. They'll identify any issues and suggest improvements. This is the essence of the hybrid approach.
"How often should I update my will?"
Review your will:
- After any major life event (marriage, divorce, children, death in family)
- After significant asset changes (property purchase/sale, inheritance)
- At minimum every 3-5 years
- When laws change significantly
"Is my will private?"
Yes, both online and lawyer wills remain private during your lifetime. After death, if probate is required, the will becomes a public document available at the relevant court registry.
"What about Powers of Attorney and Advance Care Directives?"
These are separate documents, equally important. Most online will services don't include them. Consider:
- Online POA services (available in most states)
- Adding to lawyer engagement
- Public Trustee services (often lower cost)
"Do I need to register my will?"
Australia doesn't have compulsory will registration. However:
- NSW has a free Wills Register (voluntary)
- Victoria Supreme Court maintains records
- Some lawyers store wills and register details
WillBuddy's Honest Approach
WillBuddy is designed for Australians who want:
- Affordable wills for every state and territory, designed to meet each state's requirements (a will must still be signed and witnessed correctly to be formally valid, and no service can promise validity)
- Guided process that covers the questions templates skip
- Clear instructions for proper execution
- Easy updates when circumstances change
- Honest guidance about when to see a lawyer
We openly recommend lawyers for complex situations. Our goal is helping you get the right solution for your situation, not just any solution. If your circumstances suggest you need professional advice, we'll tell you.
Legislation and Official Resources
Will-making in Australia is governed by each state and territory's own succession legislation. The core statutes include:
- New South Wales: Succession Act 2006 (NSW)
- Victoria: Wills Act 1997 (Vic)
- Queensland: Succession Act 1981 (Qld)
- South Australia: Succession Act 2023 (SA)
- Western Australia: Wills Act 1970 (WA)
- Tasmania: Wills Act 2008 (Tas)
- Australian Capital Territory: Wills Act 1968 (ACT)
- Northern Territory: Wills Act 2000 (NT)
Because requirements differ between states and are amended over time, always confirm the current rules for your state, or seek advice from a qualified legal professional.
Related Guides
- Lawyer Will Cost Australia – Detailed lawyer pricing breakdown
- Will Kits Australia – DIY kit guide and comparison
- Will Requirements Australia – Legal validity rules explained
- How to Update Your Will – Making changes correctly
- Will Witnesses Requirements – Proper witnessing guide
- Testamentary Trusts Explained – When you need a trust
Further Resources
Legal Information
- Law Society NSW – Find a Solicitor
- Law Institute Victoria – Find a Lawyer
- Queensland Law Society – Find a Solicitor
- Law Society of Western Australia
- Law Society of South Australia
Government Resources
Consumer Information
Getting Started
Whether you choose online or a lawyer, the most important thing is having a valid will. Without one, your family is left to navigate intestacy rules during an already difficult time.
The best will is the one you actually make.
For straightforward situations, an online will can provide excellent value. For complex circumstances, professional advice is worth the investment. And if you're unsure, the hybrid approach gives you the best of both worlds.
For the one who checks before they pay
See your whole will before you spend a cent
Put off by the cost? Until you have a will, the law in your state or territory decides who gets what. WillBuddy drafts yours for your state from plain questions about your family. Read every word free, with no card. You pay only if you want to print it. A solicitor gives personal legal advice; WillBuddy doesn't.
Start my will freeLast updated 7 October 2026.
This article is general information only and is not legal advice. It is our best interpretation of the law as at 12 June 2026. WillBuddy is not a law firm, and it never replaces advice from a lawyer or solicitor. Laws change and differ between states and territories, so for your own circumstances, please get legal advice.