I Need a Will — Where Do I Start? A Simple Guide for Australians

Starting Your Will Doesn’t Have to Be Overwhelming

Making a Will is one of those tasks we all know we “should” do — but it’s also one of the easiest to put off. Life gets busy. Wills feel complicated. And many people assume it has to be expensive or full of legal jargon.

The truth? Creating your Will can be simple, fast and incredibly empowering — especially when you understand where to start. This simple will guide for Australia shows you exactly what you need to make a Will and how to start a Will in Australia.

This guide walks you through the beginning of the process in plain English:

• how to get motivated
• what decisions you need to make
• what options exist
• and how to choose the right path for you.

Along the way, we’ll show you how Will Hero makes the process visual, guided and stress-free — so you can finish with confidence.

1. Before Anything Else: Get Motivated

Most people delay writing their Will not because they don’t care… but because they care too much.

Thinking about mortality is uncomfortable. Thinking about loved ones is emotional. And no one wants to “get it wrong”.

But motivation matters. Here are the real reasons people finally decide, “It’s time.”

To Protect Their Partner or Spouse

Without a valid Will, your assets might not automatically go to the person you assume. In Australia, if you die without a Will (intestate), state laws determine who inherits — and it might not match your wishes.

To Make Sure Children Are Cared For

Choosing guardians and ensuring they’re financially supported is one of the most important decisions you can make. Without a Will naming guardians, the courts decide who cares for your children — and that process can be stressful and lengthy.

To Avoid Stress, Confusion and Conflict for Your Family

A clear Will prevents arguments, confusion, and legal battles. Your family will know exactly what you wanted, and there’s no guesswork during an already difficult time.

To Secure Your Legacy

Your home, savings, belongings and digital life form part of your story. A Will ensures everything goes where you want it to go.

To Ensure Backup Plans Are Clear

Especially for executors and beneficiaries — what if your first choice can’t act? A well-written Will includes backups so your wishes are always carried out.

Once you understand why it matters, the “how” becomes much easier.

2. What a Will Actually Does — In Plain English

Understanding what do I need to make a Will starts with knowing what a Will actually does. A Will is a legally binding document that meets Australian Will requirements and covers your entire estate.

A Will is a legally binding document that:

• Appoints an executor — The person responsible for carrying out your wishes
• Names guardians for children — Who will care for your kids if you can’t
• Distributes your assets, money and belongings — Who gets what
• Allows you to leave gifts, donations and inheritances — Specific items or amounts
• Specifies what happens if someone passes before you — Backup plans for your backup plans

A Will Does Not Automatically Cover:

• Superannuation — Requires a separate binding death benefit nomination with your super fund
• Life insurance — Goes to nominated beneficiaries (check your policy)
• Jointly owned property — Often transfers automatically to the surviving owner

Rules vary across Australia. To learn more about state-specific requirements, see:

• NSW — How to Make a Will
• Victoria — How to Make a Will
• Queensland — How to Make a Will
• Western Australia — How to Make a Will
• South Australia — How to Make a Will
• Tasmania — How to Make a Will
• ACT — How to Make a Will
• Northern Territory — How to Make a Will

3. What You Need Before You Start Your Will (The Prep List)

This part feels overwhelming for many people — but it’s actually simple.

Here’s everything you need:

✔ Executor

Choose someone responsible to carry out your wishes. This should be someone you trust completely, who’s organised and can handle the responsibility.

Include a backup executor — what if your first choice can’t act when the time comes?

✔ Guardian for Children

If you have kids under 18, choose:

• Primary guardian(s) — Who will raise your children
• Backup guardian(s) — What if the primary can’t do it?

Discuss this with potential guardians before naming them in your Will.

✔ Beneficiaries

These are the people or organisations who inherit from you. Think about:

• Family members
• Friends
• Charities
• Organisations

Include backups — what happens if a beneficiary dies before you?

✔ How You Want to Divide Your Estate

Two common approaches:

1. Percentage split — “50% to Partner, 50% to Children”
2. Specific gifts — Money, items, property, heirlooms to specific people

You can combine both approaches. Most people do.

✔ Meaningful Gifts

Think about:

• Jewellery
• Savings accounts
• Pets (and who will care for them)
• Art and collectibles
• Sentimental items
• Digital assets (online accounts, crypto, etc.)

✔ Contingencies

A good Will covers “what if someone dies before me?” Will Hero handles this visually with scenario testing — you can see exactly what happens in different situations.

4. What Are My Options for Making a Will?

When deciding how to start a Will in Australia, you have three main options. Whether you want to make a Will at home Australia or use an online will Australia service, here are your choices:

1. Lawyer

Great for:

• Complex estates with multiple businesses
• Testamentary trusts
• International assets
• Custom legal structures

Consider:

• Costs $600–$2,500+
• Takes weeks (multiple appointments)
• Often overkill for straightforward estates

2. Will Kit

Cheap but risky:

• Costs around $25
• Common issues include:
  • Incorrect witnessing
  • Missing clauses
  • No legal review
  • No guidance if you get stuck

Many Will Kits end up being invalid or incomplete.

3. Online Will Platform

The most popular choice for everyday Australians:

• Fast — usually 15-25 minutes
• Affordable — typically $99-$199 (Will Hero is $99)
• Guided — step-by-step help
• Legally valid — when properly signed and witnessed

Why Will Hero is Different

Will Hero stands out from other online platforms with:

• Affordable — $99
• Easy to Use — Step-by-step guided process
• Visual Will Designer — See your Will as you create it
• AI Assistant (WillBot) — Get instant answers to your questions
• Plain-English questions — No legal jargon
• Make More than just a Simple Will — Comprehensive provisions library
• State-specific templates — Lawyer approved
• Backups and contingencies built in — Scenario testing shows you “what if” situations
• Clear signing instructions — State-specific guidance
• Download or Delivery — Print at home or have your Will delivered via registered mail

5. Step-by-Step: How to Start Your Will

This is your “quick start” guide:

1. List your executors, guardians and beneficiaries — Write down who you want involved
2. Decide how you want your estate divided — Percentages, specific gifts, or both
3. Identify specific gifts — Items, money, or property you want to leave to specific people
4. Choose how you’ll create your Will — Lawyer, kit, or online platform
5. Create your Will — Will Hero guides you step-by-step with visual aids
6. Sign correctly based on your state — Follow state-specific witnessing requirements
7. Store your Will safely — Keep it somewhere your executor can find it
8. Review every 1–2 years — Or after major life changes (marriage, divorce, new children, etc.)

6. Common Mistakes People Make (And How to Avoid Them)

1. Not Naming Backups

Problem: What if your executor or guardian can’t act?

Solution: Always include backup executors and backup guardians. Will Hero prompts you to add multiple layers of backups.

2. No Plan for “What If They Die First?”

Problem: What happens if a beneficiary dies before you?

Solution: Use scenario testing to see different outcomes. Will Hero shows you exactly what happens in various situations.

3. Assuming Super Goes in the Will

Problem: Superannuation doesn’t automatically go to your Will beneficiaries.

Solution: Make a binding death benefit nomination with your super fund separately.

4. Choosing an Unsuitable Executor

Problem: Picking someone who’s not organised, lives overseas, or doesn’t want the responsibility.

Solution: Choose someone responsible, trustworthy, and willing to take on the role. Discuss it with them first.

5. Incorrect Witnessing

Problem: Not following your state’s specific witnessing rules makes your Will invalid.

Solution: Will Hero provides state-specific signing instructions. Follow them exactly.

6. Using Incomplete Will Kits

Problem: DIY kits often miss important clauses or are incorrectly filled out.

Solution: Use a guided platform like Will Hero that ensures you don’t miss anything important.

7. How Will Hero Makes Starting Your Will Easy

Will Hero is designed to remove the overwhelm and make starting your Will simple:

Visual Will Designer

Map everything clearly — see your executor, beneficiaries, gifts, and backups all in one visual diagram. It’s easier to understand when you can see it.

Smart Guidance at Every Step

You’re never left guessing. Plain-English questions guide you through each decision.

AI Assistant for Plain-English Help

WillBot answers your questions instantly. Stuck on something? Just ask.

State-Specific Templates Reviewed by Lawyers

Your Will is legally valid and tailored to your state’s requirements. No guesswork.

Scenario Testing

See what happens in different situations — what if a beneficiary dies first? What if your executor can’t act? Test different scenarios before finalising.

Finish in 15–25 Minutes

Most people complete their Will in one sitting. No need to book appointments or wait weeks.

Only $99

Complete Will document, professional review, free edits for 12 months (any updates require re-printing and re-signing to be legally valid), digital download, printed copy mailed to your door, AI assistance, phone support, and 30-day guarantee.

Compare this to lawyer fees of $600-$2,500+.

8. FAQs — Quick Answers for Beginners

State-Specific Will Requirements

Each Australian state and territory has slightly different laws affecting your Will. Learn about requirements in your state:

Explore our state-specific guides for a deeper dive:

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Victoria

Western Australia

Start Your Will Today

Creating a Will doesn’t have to be hard, expensive or overwhelming.

With the right guidance, you can finish in under half an hour — and feel incredible peace of mind knowing your family is protected.

Start your Will today with Will Hero — simple, visual and legally valid in every Australian state and territory once properly signed and witnessed according to local laws.