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A Step by Step Guide for creating a legally valid Will in Victoria (including online wills).
Quick Overview
To make a Will in Victoria, you must be over 18, of sound mind, and sign a written document before two witnesses. The Will must meet the Wills Act 1997 (Vic) requirements to be legally valid.
Create a legal Will to protect your assets and loved ones. Under the Wills Act 1997 (Vic), anyone over 18 with testamentary capacity can draft a Will. This guide explains each step—from writing your Will to signing it with valid witnesses—so you can feel confident that others will follow your final wishes.
Why you need a Will in Victoria?
A Will is an important legal document that explains how you distribute your property after death. It also lets you make crucial decisions about your family’s future. Beyond transferring assets like property and money, a Will allows you to name guardians for your minor children, which safeguards their well-being if you can no longer care for them. Without a Will, the state of Victoria decides how to divide your estate, which may not align with your wishes.
Legal Requirements to make a Valid Will in Victoria
To create a will in Victoria, you must follow specific legal requirements under the Wills Act 1997 (Vic). If you ignore these requirements, the law may treat your will as invalid and cause complications during probate. Below are the key legal requirements in Victoria:
Victoria Will Requirements
18+ years old (exceptions apply if married or court-granted permission)
Testamentary capacity (sound mind)
In writing (typed or handwritten)
Signed by the testator in front of two witnesses
You must be at least 18 years old
Exceptions apply if you’re married or if a court order allows it.
Have testamentary capacity
You must understand what a Will is, the extent of your assets, and who might have a claim on your estate.
Put it in writing
You need a physical document—typed or handwritten—and you must sign it in front of two witnesses.
Sign with Two Witnesses
The person making the Will (testator) signs, and two competent witnesses watch at the same time.
By following Victoria’s will laws, you ensure your estate goes where you intend. If your will fails to meet these requirements, the courts may contest or invalidate it, potentially deciding the fate of your estate.
Step-by-Step: How to Make a Will in Victoria
1. Choose an Executor
An executor carries out your will and manages your estate after you pass away. They distribute your assets according to your wishes and pay outstanding debts. They also handle the legal steps to settle your estate.When you choose an executor, pick an adult who is organised, trustworthy, and capable of managing these responsibilities. People often select a family member, close friend, or professional advisor.
It’s wise to name a backup executor if your first choice cannot serve.
2. Name a Guardian for Minor Children
If you have minor children, appoint a guardian to care for them when you die. Your guardian oversees their upbringing, including decisions about education, healthcare, and overall well-being.Although this step is optional, parents should still consider it. In Victoria, if you don’t name a guardian, the court appoints one—and that choice might not match your preferences.
It’s wise to name a backup guardian in case your first choice is unable or unwilling to serve.
3. Name a Pet Carer
Under Victoria’s law, you can add provisions to your will to care for your pets. Name someone to look after them, and allocate resources for their upkeep. This approach keeps your furry friends safe even after you’re gone. For more guidance on choosing the right pet carer, see our 5 Things to Consider when choosing a pet guardian.Although optional, this step matters if you want control over your pets’ future. In Victoria, if you don’t name a pet carer or guardian, your Executor decides who looks after them.
4. Decide who inherits your Residual Estate
Your residual estate includes everything left after taxes, expenses and specific gifts have been distributed. Choose one or more beneficiaries, such as family members, friends, or charitable organisations, to receive your remaining assets. List each beneficiary’s full name and note the share they receive. It’s also wise to name backup beneficiaries. Learn more about why backup beneficiaries are essential in your Will.
5. Gifting Specific Items
If you have specific items—such as a family heirloom, a piece of jewelry, or a property—that you wish to give to a particular person, you can designate these in your will. Be as detailed as possible to avoid any confusion or disputes later. It’s best practice to take stock of all your assets before drafting your Will.
6. Any Additional Instructions or Provisions?
Beyond the essential elements of your will, you may want to include additional instructions or special provisions to address specific circumstances or wishes.It’s optional to include special instructions, such as how you’d like your funeral to be conducted or instructions to sell an asset. You might also wish make a gift conditional, or leave a fund in trust until beneficiaries reach a certain age.
Review Your Will
Confirming Roles in Your Will
Before you finalise your Will, confirm that your chosen Executors, Guardians, and Pet Carers accept their roles. This step ensures each person is prepared and agrees to fulfill their responsibilities, which helps you avoid complications when carrying out your Will.It’s also best practice to check with the people you nominate, and their backups, to confirm they want these responsibilities.
Executors
Manage your estate and distribute assets according to your wishes after you pass away.
Guardians
Care for your minor children and make decisions about their upbringing and well-being.
Pet Carers
Look after your pets and ensure they receive proper care and attention.
Test Your Will
Before you complete your Will, it’s important you think through your wishes and see if you have planned for different potential scenarios, such as people in your Will passing away before you, or conditions not being met. Learn more about scenario testing to explore these possibilities. Learn more about how our review process works to ensure your will is complete and accurate.Signing Your Will
Signing Your Will In Front of Witnesses
After you draft your will, print and sign it as the next critical step. In Victoria, you must follow specific legal requirements during this process for the will to be valid.Witness Requirements
In Victoria, sign your will in front of at least two witnesses. Each witness must:
- Be at least 18 years old.
- Understand they are watching you sign your will.
- Ideally not be a beneficiary or spouse of a beneficiary, because Victorian law allows beneficiary witnesses but may require extra legal steps to confirm their inheritance.
After you sign, both witnesses must also sign, confirming they were present and that you appeared to be of sound mind at the time.
Is Notarisation Required?
You don’t need a notary for Wills in Australia (including Victoria). If your Will meets the witness requirements, the Court generally accepts it as valid without a notarial seal or stamp.
What about Online Wills in Victoria?
If you use any Online Will platform in Victoria to make your Will, it is essential that your Will is printed and signed according to these instructions. Having a Will online in Victoria that has NOT been printed and signed will not be considered valid.
Action: Print your Will and sign it with two witnesses present at the same time. Both witnesses must watch you sign and then sign in your presence.
Storing Your Will
Keep Your Will Safe
After you sign and witness your will, store the original document in a secure location. In Victoria, only the original signed copy is legally binding—digital versions are not. If you lose or damage this document, your loved ones may face complications and delays distributing your assets.Victoria does not maintain an official government registry for Wills while you’re alive. Below are some secure storage options. For more detailed information about will storage, read our guide on Where is the Safest Place to Store Your Will.
Store at Home
Keep your will at home or leave it with a trusted family member or friend. Make sure they understand the importance of safeguarding the document.
With an Attorney
If you worked with a lawyer, they may offer to store the original in a secure location for you.
Trusted Person
You can also leave your will with a reliable family member or friend, ensuring they know how vital it is to protect it.
Although you can store documents online for easy reference, only the original signed copy holds legal weight. Make sure your executor knows where to find that physical copy to avoid legal complications.
FAQs: Making A Will In Victoria
Ready to Create Online Wills in Victoria?
For many, taking the first step is the hardest part. If you need help, why not try Will Hero? You can sign up for free and draft a Will visually. Clarify your wishes as you learn about Wills and estate planning with our guides and AI Assistant. See how our step-by-step process works to understand what’s involved.
We’re making it easier than ever to create your very own online wills in Victoria. You can also test your Will under different scenarios using a free Scenario Testing account. Upgrade only if you want to review the written document. Will Hero aims to make Will creation more visual, interactive, and even fun—instead of difficult or daunting.
No matter how you choose to make your Will, start today and protect your loved ones and your legacy.
Will Hero helps you make Online Wills in Victoria
With a secure, affordable, and lawyer-approved service, we’re making it easier than ever to create your very own online wills in Victoria. Here’s how:
Visual Approach
Make your Will online using interactive visualisations to better understand how your Will works. Learn how it works.
AI Assistance
24/7 AI assisted help to answer any questions about Wills, estate planning and Victoria local laws. View our FAQ.
Scenario Testing
See how different circumstances such as people passing away before you impact your estate.
Legally Valid in Victoria
Designed to meet Victoria’s State-specific legal requirements.
Lawyer Approved
Drafted by Lawyers. Personalised by you. You can even make more than just a simple Will.
Great Value
Just $99 flat fee. No surprises.
30-day money back guarantee.
No questions asked! View pricing.
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Read more →Introducing ‘Review My Will’
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Read more →5 Things To Consider When Choosing a Pet Guardian
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Read more →How It Works
See our step-by-step process for creating your will online, from initial setup to final signing and storage.
Learn how our will creation process works →The Best Way to Make Online Wills in Victoria
Crafting a will is one of the most critical steps you can take to protect your legacy, loved ones, and assets. With the help of our purpose built tool, creating online wills in Victoria has never been more straightforward.
Follow the links and start creating a will in a matter of minutes, or call us on 1800 136 069 if you have any questions. We’ll be more than happy to help!
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
