In NSW, you have several options for creating a will:

• Use an Online Platform: For simpler estates, a service like "Will Hero" offers an affordable, convenient way to create a valid Will online in NSW. Our visual interface walks you through each step to ensure you cover all essentials.

• Hire a Lawyer: Ideal if your estate is large or complex, or if you want personalised legal guidance. Lawyers can assist with estate tax planning, trusts, and other specialised issues.

• Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in NSW.

No, you don’t need to hire a lawyer to create a valid Will in NSW. If your estate is straightforward and your wishes are clear, you can draft a Will online or even handwrite one. However, if your estate is complex, or you have concerns about tax planning or trusts, consulting a legal professional provides extra peace of mind.

Yes. When you make a Will in NSW, handwriting it is perfectly valid if you follow the correct steps. Under the Succession Act 2006 (NSW), the testator must sign any typed or handwritten Will in front of two witnesses who watch at the same time.

If a handwritten Will doesn’t meet these requirements, the NSW Supreme Court may use its “dispensing power” to declare it valid, but that route is uncertain and can be expensive. To avoid complications, use two independent witnesses from the outset—no matter how you create your Will.

Australia, including NSW, doesn’t impose inheritance or estate taxes. These “death duties” were abolished decades ago. However, you may owe capital gains tax (CGT) if you sell an inherited asset at a profit.

Death itself doesn’t trigger tax automatically, but if you have complex assets—like property or investments—speak to a tax professional. This ensures you understand any potential CGT or other tax implications.

No. In NSW, you don’t need a notarised Will for validity. Simply sign your Will in front of two witnesses, who must also sign in your presence.

Yes. As long as you have sound mind, you can update your Will at any time. Generally, you have two main options:

• Add a Codicil: A codicil acts as a legal amendment to your existing will. Sign and witness it just like the original.
• Create a New Will: Draft a new will that replaces your old one, and clearly state that it revokes all prior wills and codicils. After signing, destroy every copy of the old will to avoid confusion or disputes.

In NSW, if you pass away without a Will, the Probate and Administration Act 1898 (NSW) and intestacy laws decide who inherits your estate. Typically, your closest relatives receive your assets. If you have no immediate family, the state may take possession of your property.

Also, if you have minor children, the court chooses their guardian—possibly clashing with your wishes. By taking time to make a Will in NSW, you maintain control over these crucial decisions.

Probate is the legal process that begins after someone dies. It verifies a Will’s validity and ensures the estate is distributed according to that Will—or, if no Will exists, under NSW intestacy law.

In NSW, the Supreme Court (through its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate. The process usually involves:

1. Filing the Will The executor files the Will with the Supreme Court of NSW, along with a petition to open probate. If no Will exists, they submit a petition for intestate succession.

2. Appointing an Executor If a valid Will names an executor, that person manages the estate. If the Will lacks an executor—or if there’s no Will—the court appoints an administrator.

3. Inventory of Assets The executor identifies and values the deceased’s property—like bank accounts, investments, personal belongings, and debts.

4. Paying Debts and Taxes Before distributing the estate, the executor settles all debts, taxes, and expenses (e.g., mortgages, credit card bills, medical costs).

5. Distributing the Estate Once everything is paid, the executor distributes the remaining assets to the beneficiaries named in the Will. If no Will exists, the estate goes to heirs under NSW’s intestacy rules.

6. Closing the Estate After meeting all obligations, the executor files a final petition to close the probate process.

When you make a Will in NSW, you choose an executor who typically manages these steps on your behalf.

In NSW, probate can range from a few months to over a year. Estate complexity, beneficiary disputes, or a contested Will may extend the process. On average, the entire procedure wraps up in about 9 to 18 months.

You can often reduce probate by holding certain assets in ways that skip your estate:

• Joint Tenancy/Ownership (Right of Survivorship): Property held in joint tenancy automatically passes to the surviving owner.

• Beneficiary Designations: Superannuation (retirement) and life insurance policies often bypass the estate if you name beneficiaries.

• Family Trusts: A family trust lets you transfer asset ownership into the trust while you're alive. The trust holds these assets during your lifetime, then transfers them to your chosen beneficiaries after death. Because the trust, not you, owns the assets, they don't require probate. Make sure you move items (real estate, bank accounts, investments) into the trust correctly to benefit from this arrangement.

Many people use living trusts or beneficiary designations to streamline estate administration and lower probate costs. If you want to minimise probate when you make a Will in NSW, consider these options early.