Will Kits in Australia: Are DIY Wills Legal, and What Can Go Wrong?

A will is how your family gets what you meant them to have. With a kit, the wording and the signing are up to you. Here's where kits go wrong, and what each way of making a will costs.

Are Will Kits Legal in Australia?

Yes, will kits can create legally valid wills in Australia, but only if executed correctly. The document must meet the formal requirements of your state's succession legislation:

• NSW: Succession Act 2006 (s.6)
• VIC: Wills Act 1997 (Vic) (s.7)
• QLD: Succession Act 1981 (s.10)
• SA: Succession Act 2023 (SA)
• WA: Wills Act 1970 (WA)
• TAS: Wills Act 2008 (Tas)

Key Point: The legal validity of a will depends on proper execution, not whether it was prepared by a lawyer. However, the complexity lies in getting every detail right.

Will Kit Options: Product Comparison

Types of Will Kits Available

How Courts Deal With Problem Wills

Understanding how courts deal with problematic wills helps illustrate the risks of DIY approaches.

Documents on a Phone or Computer

In Re Yu [2013] QSC 322, the Queensland Supreme Court admitted to probate a document the deceased had typed on his iPhone, as an informal will under s18 of the Succession Act 1981 (Qld).

Lesson: Informal wills can be validated, but only through a court application, with the cost and uncertainty that brings. A properly signed and witnessed will avoids this.

Informal Documents Are Not Guaranteed to Be Accepted

When a will kit is not completed correctly, the document may not meet the formal execution rules. Courts in every state have a "dispensing power" to admit an informal document to probate, but only where they are satisfied it genuinely represents the deceased's intentions. That is not guaranteed: where the evidence of intent is unclear or the documents are inconsistent, the application can be refused and the estate distributed under intestacy instead.

Ambiguous Wording Is Costly to Untangle

Generic will-kit language often creates ambiguity about how assets should be shared. When the wording is unclear, the executor or the court may have to work out what the will-maker meant, which causes delay, legal costs, and a result that may not reflect what was actually wanted.

Banks v Goodfellow (1870), Still the Testamentary Capacity Test

While this is an old English case, Australian courts still apply the Banks v Goodfellow test for testamentary capacity. A valid will requires the person to:

1. Understand the nature of making a will
2. Understand the extent of their property
3. Comprehend who might have claims on their estate
4. Be free from any disorder of mind that influences their decisions

Relevance to Will Kits: If you complete a will kit while unwell or confused, the will may be challenged on capacity grounds.

State-by-State Witnessing Requirements

All Australian states have similar but not identical witnessing requirements. Getting these wrong can cause a will kit to fail.

Core Requirements (All States)

State-Specific Variations

For the full rules, see the state guides: Victoria, NSW, Queensland, WA, SA, Tasmania, ACT and NT.

Remote Witnessing Process (Where Permitted)

Only Victoria and NSW currently have a procedure, and the two procedures differ:

1. Victoria (Wills Act 1997 s8A): one witness must be a special witness (such as a lawyer or JP), all witnesses must clearly see you sign, the special witness signs last and adds statements to the will, and everything must happen on the same day and within Victoria.
2. NSW (Electronic Transactions Act 2000 s14G): each witness watches you sign in real time, signs the will or a copy, must be reasonably satisfied it is the same document, and adds a statement saying how and under which section it was witnessed.

Warning: These steps are easy to get wrong. If you are not sure you can meet every step, sign in person with two witnesses instead.

When to Use a Will Kit (And When NOT To)

Will Kits May Be Appropriate If:

✅ You are single with no dependents ✅ You have straightforward assets (home, savings, superannuation) ✅ You want to leave everything to one or two clear beneficiaries ✅ You have no business interests or company shares ✅ There is zero risk of family disputes ✅ You have no international assets ✅ You understand the witnessing requirements perfectly

AVOID Will Kits If You Have:

❌ Blended family, Children from different relationships create complex distribution needs ❌ Business interests, Company shares, partnerships, and trading assets need specific provisions ❌ International assets, Property or investments overseas may require foreign law compliance ❌ Family member with disability, Special Disability Trusts and Centrelink implications apply ❌ Potential for disputes, If anyone might challenge, professional drafting is essential ❌ Superannuation complexity, Binding death benefit nominations need separate attention ❌ Previous wills, Proper revocation language is critical ❌ Digital assets, Cryptocurrency, online accounts, and digital property need specific treatment

Cost Comparison: True Cost of Each Option

Upfront Costs vs. Total Costs

The Hidden Cost of DIY Will Errors

Costs that can arise after death when a DIY will goes wrong include:

• A court application to admit an informal will
• A court application to interpret ambiguous terms
• Defending a family provision claim
• Letters of Administration (if the will is invalid)
• Legal advice for the executor on unclear provisions

These costs are usually paid from the estate, which reduces what your beneficiaries receive.

How to Minimize Will Kit Risks

If you decide to use a will kit despite the risks, follow these steps:

Before Completing

1. Read the entire kit before writing anything
2. Check the publication date, law changes regularly
3. Verify it's appropriate for your state
4. List all your assets including superannuation, digital assets, and jointly-held property
5. Identify all potential beneficiaries including those you're intentionally excluding

During Completion

1. Write clearly in permanent ink (black is best)
2. Use full legal names for all people mentioned
3. Avoid ambiguous terms like "my children" without naming them
4. Include specific addresses for real property
5. Appoint backup executors in case your first choice can't act
6. Expressly revoke all previous wills

Execution (Signing)

1. Gather both witnesses before signing anything
2. Sign in the presence of both witnesses
3. Witnesses sign immediately while you watch (in the ACT, also in front of each other)
4. Initial every page (recommended)
5. Date correctly in all required places
6. Keep the original in a secure, known location

After Completion

1. Tell your executor where the will is stored
2. Consider professional review ($150-300)
3. Review annually or after major life events
4. Update your superannuation death benefit nomination separately

Better Alternatives to Will Kits

Guided Online Will Services

Modern online will platforms offer significant advantages over paper kits:

• Error prevention: Built-in validation catches common mistakes
• State-specific: Automatically applies your state's requirements
• Updates: Platform updates when law changes
• Guidance: Explains each section as you complete it
• Legal review: Some offer optional professional review
• Storage: Secure digital storage and executor notification

When to Use a Lawyer

Some situations genuinely require professional legal advice:

• Estates over $500,000 with multiple beneficiaries
• Business succession planning
• Family provision claim risk mitigation
• Testamentary trusts for tax planning
• International asset coordination
• Complex superannuation structures

Frequently Asked Questions: Quick Answers

Q: Can I buy a will kit from Officeworks/Australia Post? A: Yes, but these basic kits provide little guidance and it is easy to make mistakes. Consider guided alternatives.

Q: Is a handwritten will valid? A: Yes, if properly witnessed. But handwritten wills are more prone to ambiguity and challenges.

Q: Can I update a will kit after completing it? A: You can add a codicil (amendment) or create a new will entirely. Never just cross things out.

Q: What if I make a mistake on my will kit? A: Initial any corrections with all parties present, or preferably start fresh with a new form.

Q: Do I need to register my will somewhere? A: No registration required, but some states offer voluntary will registries. Tell your executor where it's kept.

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.

Next Steps

A kit leaves the wording and the signing to you. WillBuddy checks your draft for common gaps, like a missing backup executor, and before you print it shows you the signing steps for your state.

Related Articles:

• How to Make a Will in Australia, Complete guide to will creation
• Will Witnesses Requirements, Detailed witnessing rules
• Online Wills vs Lawyer, Choosing the right option

This article provides general information only and does not constitute legal advice. For complex estates or if disputes are anticipated, consult a qualified solicitor in your state.