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Complete guide to creating a legally valid Will in Australia. Learn state-by-state requirements, common mistakes to avoid, and how to make your Will online.
How To Make A Legally Valid Will in Australia (2025 Guide)
Having a Legally Valid Will in Australia is one of the most important steps you can take to protect your loved ones and ensure your final wishes are carried out. However, the laws and requirements for Wills can differ slightly between states and territories. In this guide, we’ll break down core legal requirements, discuss common pitfalls, and show you how Will Hero makes the process simple, affordable, and stress-free.
What is a Will?
A Will is a legal document that explains how you want your assets—such as money, property, and personal possessions—distributed after your death. You can also use your Will to:
- Appoint a guardian for minors.
- Specify funeral instructions.
- Leave charitable bequests or gifts.
The person who creates the Will is called the testator, and the individual(s) who carry out those instructions are known as the executor(s).
Why You Need a Legally Valid Will in Australia
Control Your Legacy If you die without a Will, your estate is distributed according to intestacy laws, which may not align with your wishes.
Protect Loved Ones Ensure financial security for your spouse, children, or other dependants by naming them as beneficiaries. For guidance on appointing guardians for minor children, see our guide on choosing a guardian for your will. Learn more about spousal inheritance rights in Australia and how marriage affects estate distribution. Don’t forget to include backup beneficiaries to protect your wishes if your primary beneficiaries can’t inherit.
Minimise Disputes A clearly expressed, valid Will can help reduce family conflicts and lengthy court battles.
Simplify Probate Having a formal, valid Will often speeds up estate administration, reducing stress for your executors.
5 Core Requirements for a Legally Binding Will in Australia
Although the details differ slightly across states and territories, the five core requirements below generally apply:
1. Legal Age
You must be at least 18 years old (with exceptions for married minors or court-authorised Wills).
2. Testamentary Capacity (“Sound Mind”)
You must understand the purpose of a Will, the nature of your assets, who your beneficiaries are, and the consequences of your decisions.
3. Written Format
Your Will must be in writing (handwritten or typed). While “holographic Wills” (fully handwritten) can sometimes be accepted, most states require proper witnessing and signatures.
4. Signature of the Testator
You must sign the Will (or direct someone to sign on your behalf in your presence). This signature shows your intention to give the document legal effect.
5. Witnesses
- At least two competent adults must witness your signature.
- In most states, it’s strongly advised that witnesses not be beneficiaries, to avoid any allegations of undue influence or invalidation of gifts.
State-by-State Guide to Will Requirements
Requirements are similar across Australia, but each state or territory has minor variations. Here’s a quick-reference table comparing minimum age, format specifics, witnessing rules, and informal Will acceptance in each region:
Important: While the basic requirements are similar, each state has specific laws and procedures. Always verify the current requirements for your state or territory before creating your will. For state-specific guidance, see our individual state guides for NSW, Victoria, Queensland, Western Australia, Tasmania, South Australia, ACT, and Northern Territory.
| State / Territory | Min. Legal Age | Format Requirements | No. of Witnesses | Beneficiary as Witness? | Holographic (Handwritten) / Informal Wills |
|---|---|---|---|---|---|
| ACT | 18 (with exceptions) |
| 2 | Allowed, but gifts to the witness may be invalid unless the court is satisfied there was no undue influence/fraud. | Court may accept informal documents if they reflect the deceased’s intentions. |
| NSW | 18 (with exceptions) |
| 2 | Possible, but presumed invalid unless proven otherwise. Courts can validate with evidence of genuine intent. | Courts can accept unwitnessed documents if they show the deceased’s final testamentary intentions. |
| VIC | 18 (with exceptions) |
| 2 | Strongly discouraged. Gift may be void unless the court is satisfied no undue influence. | Court can dispense with formalities if the document clearly shows the testator’s intention. |
| QLD | 18 (with exceptions) |
| 2 | Not automatically invalid, but can be challenged. Court may confirm if no undue influence. | Section 18 allows informal Wills if they reflect the deceased’s intentions. |
| WA | 18 (with exceptions) |
| 2 | Gift may be void unless the court is satisfied it was freely made (no undue influence). | Court can dispense with formal requirements if the document clearly states the deceased’s intentions. |
| SA | 18 (with exceptions) |
| 2 (or more) | Gift can be void unless validated by court under certain conditions. | Court may accept informal Wills if they clearly represent the deceased’s final wishes. |
| TAS | 18 (with exceptions) |
| 2 | Possible, but might be invalid unless the court is satisfied no undue influence or fraud. | Court may accept informal Wills if intended as the final Will. |
| NT | 18 (with exceptions) |
| 2 | Gift may be void unless the court validates (no undue influence). | Court may accept informal Wills if shown they were the deceased’s final intentions. |
Common Mistakes to Avoid
-
Witnessing Mistakes
Use independent witnesses (not beneficiaries) to reduce the risk of invalidating gifts. -
Not Updating After Life Events
Marriage, divorce, or the birth of a child can revoke or alter parts of your Will. Update promptly. -
Overlooking Executor Responsibilities
Choose an executor who is willing and able to handle administrative tasks. -
Failing to Revoke Old Wills
If you have more than one Will, confusion can arise. Always include a revocation clause in the latest version. -
Relying on ‘Informal’ Wills
Courts can accept informal Wills, but it’s time-consuming and costly to prove. Follow the formal process from the start.
What are my options for making a Will?
Online Wills
- Cost-Effective & Convenient: Often less expensive than traditional legal services and can be completed on your own schedule.
- Straightforward Guidance: Ideal for simpler estates with fewer complexities. Online Will platforms such as Will Hero provide all the tools to make your own DIY Will. In fact, you can make a will in less than 12 minutes with Will Hero’s streamlined process.
Lawyer-Drafted Wills
- Expert Legal Advice: Helpful if you have complex assets, blended families, or need intricate legal clauses.
- Fully Tailored: Personal consultations ensure your Will is customized to your unique situation and complies with all legal nuances.
Updating or Revoking Your Will
When to Update: After major life events: marriage, divorce, births, deaths, or substantial changes in assets.
How to Revoke: Draft a new Will with a revocation clause stating it replaces all previous Wills.
- Destroy old copies to avoid confusion.
- Ensure you follow proper witnessing and signing requirements again.
FAQs on Legal Wills in Australia
Will Hero offers online will creation for just $99 flat fee with a 30-day money back guarantee. Traditional lawyer fees typically range from $300-$1000+ depending on complexity. Online platforms like Will Hero provide excellent value for straightforward estates.
Yes, you can update your will at any time as long as you have testamentary capacity. You can either create a new will (recommended) or add a codicil (amendment). With Will Hero, you can make unlimited changes within your 12-month subscription period.
If you die without a will (intestate), your estate is distributed according to intestacy laws, which may not align with your wishes. The court appoints an administrator, and your assets go to your closest relatives in a predetermined order. This can cause delays, higher costs, and family disputes. Read our comprehensive guide on dying without a Will in Australia to learn more.
No, you don't need a lawyer for a straightforward will. Online platforms like Will Hero can handle most common scenarios. However, consult a lawyer if you have complex assets, blended families, business interests, or international assets.
In many Australian states, marriage can automatically revoke an existing Will unless the Will explicitly states it was made in contemplation of marriage. It's important to double-check your state's laws and update your Will after major life changes. Learn more about spousal inheritance rights in Australia and how marriage affects estate distribution.
You may need to create a separate Will in the relevant country or seek international estate planning advice. While Will Hero can guide you on the basics, we recommend consulting a lawyer for detailed international planning.
Yes, many people appoint more than one executor (e.g., a spouse and an adult child) so responsibilities can be shared or delegated if needed. This provides backup and can make the process more manageable.
Superannuation is usually held by the "super fund," and its distribution often depends on beneficiary nominations. You can mention your wishes in your Will, but the final decision might be subject to superannuation fund rules. Learn more about what happens to your superannuation when you die and how to ensure it goes to the right people.
How Will Hero Can Help
Making a legally valid Will doesn’t have to be complicated. Will Hero offers:
- Step-by-Step Visual Guidance: A user-friendly interface walks you through each clause, ensuring you don’t miss important details. Will Hero provides visuals to you understand how your estate will be distributed to your beneficiaries.
- More than just a Simple Will: Adjust and add clauses to suit your personal situation, whether you have a simple or moderately complex estate.
- AI Assistant: Will Hero’s AI Assistant WillBot is there 24/7 to answer any questions you have about Wills, estate planning, and your local laws.
- Professional Support: Access help if you have queries about witnessing, signing, or storing your Will safely. Learn about the safest places to store your will and best practices for will storage.
- Ongoing Updates: Easily revise your Will if circumstances change—marriage, divorce, new children, or significant asset changes. You can make changes and update your Will as many times as you like within a 12 month period.
- Affordable: Will Hero costs a fraction of the amount you would pay a lawyer.
With Will Hero, you can create a Will that fits your state’s requirements without the high cost or scheduling hassles of traditional routes. If your estate is especially complex, consider using Will Hero as a first step, then consult a lawyer for final review.
Conclusion
Creating a legally valid Will in Australia is essential for protecting your loved ones and ensuring that your estate is handled the way you want. By understanding the core requirements, state-by-state differences, and common pitfalls, you can draft a Will that stands up in court.
Whether you choose an online platform like Will Hero or opt for a lawyer-drafted Will for more complex estates, the key is taking action sooner rather than later. Start the process today and secure your family’s future—knowing your final wishes will be carried out faithfully.
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John Ryan
Co-Founder & Estate Planning Advocate at Will Hero
John Ryan is a Co-Founder & Estate Planning Advocate at Will Hero. With a passion for making estate planning accessible to all Australians, John is helping simplify the Will process by building a visual-first, AI-assisted estate planning platform built on templates drafted by a panel of Wills and Estates specialists.
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
