Why make a will and what makes it valid
A will directs who receives your assets after death and who manages the process (the executor). A valid will usually reduces stress and costs for your family, helps protect vulnerable beneficiaries and limits disputes.
Across Australia, a will is generally valid if you: are over 18 and have capacity; record your intentions in writing; sign the will; and have it witnessed by two independent adults who are present at the same time. Each state and territory has its own legislation and some have a court “dispensing power” that can approve informal wills in limited circumstances.
Important: This page provides general information about Australian wills and is not legal advice. Requirements and best practice vary by state or territory and by your circumstances.
Compare your options and typical costs
Use the summary below to compare the main ways to write a will in Australia and what they usually cost. Prices vary by provider and complexity.
| Option | Best for | Pros | Typical cost (AUD) |
|---|---|---|---|
| DIY will kit | Very simple estates | Lowest price, fast | $30–$100 |
| Online will platform | Simple to moderate estates | Guided prompts, quick edits | $150–$400 |
| Lawyer‑drafted will | Blended families, trusts, business, high‑value assets, likely disputes | Tailored advice, risk reduction | $300–$800 (single); $500–$1,500 (mirror). Complex $1,500–$5,000+ |
Hidden costs to watch
- Revisions and updates
- Secure storage or retrieval fees
- Executor commissions or professional executor fees
- Later costs of probate and estate administration
What to prepare before you write your will
Gathering information first makes drafting clearer and faster.
- Full legal names and addresses of beneficiaries and executors (and substitutes)
- Assets and liabilities (property, bank accounts, shares, vehicles, business interests, loans)
- Specific gifts and the residue plan (who receives the remainder)
- Guardianship wishes for children and any instructions for vulnerable beneficiaries
- Superannuation and life insurance beneficiary nominations (these usually sit outside your will)
- Trust, company or partnership documents if relevant
- Funeral and body disposition preferences (optional)
How to write a will in Australia (step‑by‑step)
| Stage | What usually happens |
|---|---|
| 1. Decide goals | List beneficiaries, gifts, and who manages the estate (executor). Consider guardians and substitutes. |
| 2. Choose method | DIY, online or lawyer. Complexity, blended families and risk of challenge point toward using a lawyer. |
| 3. Draft clearly | Include revocation of prior wills, executor clauses, gifts, residue and a clear signing block. |
| 4. Sign correctly | Sign in front of two independent adult witnesses who see you and each other sign. Date the will. |
| 5. Store safely | Keep the original in safe custody. Inform your executor where it is. Keep a copy. |
| 6. Review regularly | Update after major life changes or every 3–5 years. |
Witnessing and signing rules
General Australian requirements
- Two independent adult witnesses present together when you sign
- Witnesses should not be beneficiaries (or partners of beneficiaries)
- Use the same, clean version of the document; initial any handwritten changes
- Date the will and consider initialling each page for clarity
Avoid common mistakes
- Beneficiary or spouse witnessing the will (can void their gift)
- Signing on different days or without both witnesses present
- Unclear or contradictory clauses
- Forgetting superannuation nominations or digital assets
State and territory basics
Each state and territory has local legislation for wills and probate. Core rules are similar, but details differ. Many jurisdictions allow courts to accept an “informal will” in limited cases if it is clear you intended the document to be your will.
- NSW (Succession Act 2006): 2 witnesses; court may dispense with formalities in limited cases.
- VIC (Wills Act 1997): 2 witnesses; court has a dispensing power.
- QLD (Succession Act 1981): 2 witnesses; dispensing power may recognise informal wills.
- WA (Wills Act 1970): 2 witnesses; limited recognition of informal wills via the court.
- SA (Wills Act 1936): 2 witnesses; court can consider informal wills.
- TAS (Wills Act 2008), ACT (Wills Act 1968), NT (Wills Act 2000): similar core rules; court discretion on informal documents varies.
Wills FAQ Australia
Do I need a lawyer to write a will in Australia?
Not always. Simple estates can sometimes use a DIY kit or online will. A lawyer is recommended if you have a blended family, a business, significant assets or super, overseas property, a vulnerable beneficiary, complex trusts, or if you expect a challenge to your will.
What makes a will valid in Australia?
Generally you must be over 18 with capacity, put your intentions in writing, sign the will and have it witnessed by two independent adults who are present at the same time. Requirements are set by state and territory law. Many states have a court “dispensing power” that may accept an informal will in limited cases.
How much does a will cost in Australia?
DIY will kits typically cost $30–$100, online wills about $150–$400, and lawyer‑drafted standard wills usually range from $300–$800 for a single person or $500–$1,500 for mirror wills. Complex estate planning can cost $1,500–$5,000+.
Can I make a handwritten (holographic) will?
Some states may recognise a handwritten will if the court is satisfied it was intended to be your will, but this is risky. The safer path is a properly signed and witnessed will that complies with your state’s legislation.
Does my superannuation form part of my will?
Usually no. Super is generally paid according to a binding death benefit nomination or trustee discretion. Keep your super nominations up to date and seek advice if you want the payment to go to your estate.
Who should witness my will?
Two independent adults who are not beneficiaries (and ideally not related to beneficiaries). All must be present when you sign and should see you and each other sign.
How often should I update my will?
Review every 3–5 years or when your circumstances change: marriage, separation or divorce, birth or death in the family, buying or selling major assets, moving interstate, or starting a business or trust.
Need help writing a will?
Use the form below for free initial help comparing options, understanding costs and connecting with an Australian wills and estates lawyer if you decide you want one.