Are Online Wills Legal in NSW? (2026 Guide)

This guide explains exactly what makes an online Will legally valid in New South Wales, the “digital Will” trap that catches people out, and one thing NSW does that most states don’t — allow your signing to be witnessed remotely by video. For the national picture, see is an online Will legal in Australia?; to create your document with NSW-specific templates, start at Online Wills NSW.

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The 3 rules that make an online Will valid in NSW

1. Put it in writing (on paper)

Your Will must be in writing. In practice that means a printed paper document. A file saved only as a PDF or stored on your phone is not, on its own, a validly executed Will in NSW.

2. Sign it with a pen

You must sign the document with the intention of making it your Will. The signature must be in wet ink — electronic or typed signatures do not satisfy the requirements for a Will in NSW.

3. Have two witnesses present at the same time

You must sign (or acknowledge your signature) in front of two or more witnesses present at the same time. At least two of them must then sign the Will in your presence. A useful NSW detail: the witnesses must sign in your presence, but not necessarily in each other’s — though having everyone in the one room is the simplest way to get it right.

Get those three right and an online Will is generally accepted at probate in NSW, the same as one drawn up by a solicitor.

Two basics sit behind all of this: you must be 18 or over and have testamentary capacity — broadly, you understand what a Will does, roughly what you own, and who you’d normally be expected to provide for. These apply to every Will in NSW, however it’s made.

Online Will vs “digital Will”: the trap that catches people out

There’s a big difference between an online Will (drafted online, then printed and signed on paper) and a digital Will (one that is only ever electronic). Confusing the two is one of the main reasons DIY estate plans fail.

The Supreme Court of NSW does have a limited safety net: under section 8 of the Succession Act 2006 (NSW), it can admit a document that wasn’t properly executed if it’s satisfied the person intended it to be their Will. But relying on that means your family runs a slow, expensive court application to prove your intentions — the opposite of what a Will is for. For a real NSW example of how far that can go, see what the NSW court said about a Will written as a note on an iPhone. Sign and witness it properly and you never go near it.

What the law actually says

Under section 6 of the Succession Act 2006 (NSW), a Will is not valid unless:

• it is in writing and signed by you (or by someone else in your presence and at your direction); and
• your signature is made or acknowledged in front of two or more witnesses present at the same time; and
• at least two of those witnesses sign the Will in your presence.

Your signature must be made with the intention of executing the Will, and — helpfully — it doesn’t have to be at the very foot of the document, and there’s no need for a formal “attestation clause”. None of this depends on who drafted the Will. A document produced through a guided online platform meets these rules exactly the same way a solicitor-drawn Will does.

NSW is one of the few states that allows remote (video) witnessing

This is where New South Wales stands apart from states like Queensland, where witnesses must be physically present. Since 2022, NSW permanently allows the signing of a Will to be witnessed by audio-visual link — think Zoom, FaceTime or Teams — under Part 2B of the Electronic Transactions Act 2000 (NSW) (section 14G).

For remote witnessing to work in NSW:

• the witness must observe you sign in real time over the audio-visual link;
• the witness must sign the document (or a counterpart/copy) and be reasonably satisfied it’s the same document you signed; and
• the document must be endorsed with a statement that it was witnessed over audio-visual link in accordance with section 14G of the Act (for example: “This document was signed in counterpart and witnessed over audio-visual link in accordance with s 14G of the Electronic Transactions Act 2000.”).

Two things to keep clear: remote witnessing changes how the signing is witnessed, not how you sign. You (and your witnesses) still sign in wet ink on paper — NSW does not allow a fully electronic or e-signed Will. And while the remote option is genuinely useful if you can’t get two people in the room, in-person witnessing is simpler and less error-prone, so it remains the method most people use.

One more NSW rule: don’t let a beneficiary witness it

Even a perfectly signed Will can be undermined by the wrong witness. In NSW, under section 10 of the Succession Act 2006 (NSW), a gift to someone who witnesses your Will (or to their spouse) can be void unless a specific exception applies. The fix is simple: use two independent adults who inherit nothing under the Will.

We cover the exceptions and edge cases in full in Who can witness a Will in NSW? — worth a read before you sign.

Do I need to register my Will in NSW?

No. There is no government Will registry in New South Wales. Once your Will is printed and correctly signed and witnessed, it is valid immediately. Keep the original signed document somewhere safe (see where to store your Will) and make sure your executor knows where to find it.

Quick reference: NSW online Will checklist

Why most DIY Wills fail in NSW — and why yours doesn’t have to

Probate registries check execution first — how a Will was signed and witnessed — not where it was created. Most rejected Wills fail because someone signed in the wrong order, without both witnesses present, or let a beneficiary witness the document. Get the format, the pen signature, and the two independent witnesses right, and an online Will should be accepted in NSW.

That’s the whole point of using NSW-specific templates: the wording is built around the Succession Act 2006 (NSW), and you get clear, state-specific instructions for the part that actually decides validity — signing and witnessing. Will Hero builds every NSW Will from templates developed with Australian Wills and Estates specialists, reviews it for common errors before you sign, and gives you step-by-step NSW signing guidance.

The bottom line

Online Wills are legally valid in New South Wales when they’re printed, signed with a pen, and witnessed by two independent adults under the Succession Act 2006 (NSW). The document can be prepared online — validity comes from executing it correctly. And unlike most states, NSW even lets that witnessing happen over a video link if you need it to.

Make your NSW Will the right way

• Online Wills NSW — create your Will online with NSW-specific templates and instructions
• How to Make a Will in NSW — the full step-by-step guide under the Succession Act 2006 (NSW)
• Who Can Witness a Will in NSW? — who to choose (and avoid) as a witness
• Online Wills Sydney — if you’re in the Sydney metro area

Ready to start? Create your NSW Will with Will Hero — state-specific questions, professional review, and clear signing guidance. A Will is $99, or $158 for a couple. See how it works and pricing.