Is a Handwritten Will Legal in Australia? (2025 Guide)

If you’ve ever thought, “I’ll just write my Will by hand and keep it somewhere safe,” you’re not alone.

Thousands of Australians still do this every year — scribbling last wishes on notepads, in diaries, even on the back of envelopes.

So, is a handwritten Will legal in Australia?

Yes — but only if it meets every legal requirement. And that’s where many people get it wrong.

The real cost: When a handwritten Will is unclear or improperly witnessed, your family faces months of delays, thousands in legal fees ($5,000-$20,000+), and potentially bitter disputes over your true intentions — all while grieving your loss. What seemed like a simple solution can become a nightmare for those you wanted to protect most.

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The Short Answer: Yes, It Can Be Legal — But It’s Not Best Practice

Under Australian law, a Will doesn’t need to be typed or witnessed by a solicitor to be valid. It just needs to meet three core requirements (see, for example, Succession Act 2006 (NSW) s6):

1. It must be in writing — handwritten or printed.
2. It must be signed by the Will-maker (known as the testator).
3. It must be witnessed by two independent adults, who must be present together at the same time when the testator signs, and who both sign in the testator’s presence (and typically in each other’s presence).

If all three are done correctly, a handwritten Will is usually valid.

However, this doesn’t mean handwritten Wills are recommended. Most handwritten Wills fail because one of those elements is missing, unclear, or incorrectly done. Even when they’re technically legal, handwritten Wills are more likely to be challenged, cause family disputes, and create unnecessary delays and costs.

Best practice: Create a properly witnessed Will using a formal process — whether online or through a lawyer. It’s the safest way to protect your wishes and your family.

Learn more about the legal requirements for Wills in Australia

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Why Handwritten Wills Are Not Best Practice

Even when handwritten Wills are technically legal, they’re not best practice for several critical reasons:

• Higher risk of disputes: Family members may question the validity, authenticity, or your capacity when you wrote it
• Legal challenges: Handwritten Wills are contested more often than formal Wills, leading to expensive court proceedings (typically $5,000-$20,000+)
• Unclear wording: Informal language can be interpreted multiple ways, creating uncertainty about your true intentions
• Missing provisions: Handwritten Wills often omit important clauses that protect your estate and beneficiaries
• Storage risks: Handwritten documents are more vulnerable to damage, loss, or being overlooked after your death
• No professional review: Without expert guidance, handwritten Wills may contain legal errors that invalidate them

Courts across Australia regularly deal with disputes over handwritten Wills. The issue isn’t legality — it’s clarity and proof.

Common reasons handwritten Wills fail include:

• Missing witness signatures
• Unclear or contradictory wording
• Assets or beneficiaries not properly named
• Later notes added without re-signing
• Pages that go missing or aren’t initialled

Even something as simple as smudged handwriting or crossed-out words can create doubt about your intentions.

Courts spend enormous time trying to interpret handwritten Wills. The testator’s wishes may be clear in their mind — but if it’s unclear on paper, the result can be expensive and heartbreaking.

The reality: While handwritten Wills can be legal, they frequently cause more problems than they solve. Creating a formal Will is a small investment compared to the cost of legal disputes, months of delays, and emotional stress that handwritten Wills often create.

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Real-World Stories: When Handwritten Wills Made Headlines

History (and the courts) are full of fascinating handwritten Wills — some valid, some not.

Shakespeare’s Handwritten Will

William Shakespeare’s 1616 Will — written in his own hand and signed three times — remains one of the world’s most famous handwritten Wills, even though it was written 400 years ago.

Learn more about William Shakespeare’s Will (and Will Hero).

Aretha Franklin’s Couch Discovery

When the Queen of Soul passed away, two different handwritten Wills were found — one under a couch cushion, another in a locked cabinet. After years of court proceedings, a Michigan jury ruled one of them valid in 2023 — proving intent can be recognised, but at huge emotional and financial cost.

Howard Hughes’ “Mormon Will”

In 1976, a handwritten Will allegedly left by the billionaire surfaced, naming an unknown man as beneficiary. After intense scrutiny, a U.S. court found it was a forgery — highlighting just how easy it is for handwritten Wills to cause chaos.

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Australian Court Cases: What Judges Have Said

Australia’s “dispensing provisions” (laws allowing informal Wills to be accepted if intent is clear) have produced many high-profile decisions. However, these cases require expensive Supreme Court applications and are not best practice.

Re Nichol; Nichol v Nichol & Anor QSC 220 (Queensland)

A man left an unsent text message on his phone stating his final wishes. After an expensive Supreme Court application, the court declared the message to be a valid Will — even though it was neither signed nor witnessed. This decision required significant legal costs ($10,000+), months of delays (6-12 months), and was far from certain. The text message itself was not a legally valid Will until the court made a formal order declaring it one.

Important: Cases like this are exceptions, not the rule. Text messages and casual notes are NOT legally valid Wills unless a Supreme Court orders them to be admitted to probate — a costly and uncertain process that your family may not be able to afford.

You can see why we wrote Can a Note on Your iPhone Count as a Will?

Lindsay v McGrath QCA 206 (Queensland Court of Appeal)

A handwritten document expressing general wishes about property was rejected as a valid Will. The court found it lacked a clear intention to operate as a formal Will and did not meet the witnessing requirements.

GEW QSC 119

A video recording and handwritten note were accepted together as an informal Will, but only after an expensive Supreme Court application. The court declared it valid because the note clearly set out how the estate was to be distributed and showed the testator’s intent. This process required legal proceedings that cost thousands of dollars and took months to resolve.

Re Estate of Masters 1 VR 408 (Victoria)

A handwritten Will with unclear signatures and no witnesses was rejected. The court emphasised that while informal Wills can be accepted, the safest course is always to comply strictly with the witnessing rules.

In the Estate of Piper (1946) 73 CLR 195 (High Court of Australia)

An older case often cited today: the High Court upheld a handwritten Will written in plain English, as the testator’s intent was clearly expressed and properly signed.

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State-by-State Legal Framework

While all Australian states and territories allow handwritten or informal Wills under certain circumstances, the specific laws and how courts interpret them vary by jurisdiction. Each state has its own “dispensing provisions” — laws that allow courts to accept informal documents if they’re satisfied the person intended them to be their Will.

The table below shows the governing legislation for each state and territory, and their general position on handwritten or informal Wills. Important: Even if your state accepts informal Wills, the court process to prove intent can be expensive, time-consuming, and emotionally draining for your family.

In every jurisdiction, the safest and fastest way to ensure validity is to create a formal Will that meets all signature and witnessing rules.

Compare your state’s rules here: How To Make A Legally Valid Will In Australia

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What Happens If Your Handwritten Will Isn’t Accepted

If your handwritten Will doesn’t meet formal requirements, it becomes what’s called an “informal Will.” A court may still declare it valid if there’s strong evidence you intended it to be your Will — but only after an expensive Supreme Court application.

Important: The document itself is NOT a valid Will until the court makes a formal order. Your family must apply to the Supreme Court, which means:

• Delays probate (often 6-12 months or longer)
• Costs thousands in legal fees (typically $5,000-$20,000 or more)
• No guarantee of success — the court may still reject it
• Creates stress and potential disputes among family members
• Banks and other institutions won’t accept it until probate is granted, meaning your family can’t access funds during this time

This process is expensive, time-consuming, and uncertain. Even if successful, your family will have paid thousands in legal fees that could have been avoided with a properly witnessed Will from the start.

In short: yes, handwritten Wills can work — but they often cause more problems than they solve.

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From Handwritten to Visual: The Evolution of Will-Making

Handwritten Wills were the only option in the 1600s — Shakespeare’s Will is a perfect example. As society progressed, we moved to typed documents, then to online platforms. Today, companies like Will Hero are taking Will-making into the future with visual tools and scenario testing that let you see exactly how your estate will be distributed before you finalize your Will.

This evolution isn’t just about convenience — it’s about making Will creation clearer, more accessible, and more accurate. Learn more about the fascinating evolution of wills, from ancient Rome to modern visual platforms.

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The Safer, Modern Alternative

At Will Hero, you can create a fully compliant Will — no handwriting required. Our platform ensures:

• Correct legal structure for every Australian state
• AI Assistant guidance throughout the process — no guessing what to include
• Visual Will preview showing exactly how your estate will be distributed
• Witnessing instructions built in
• Plain-English explanations
• Optional Review My Will by a legal team
• Secure Digital Vault storage and physical delivery options
• Easy updates anytime — no need to rewrite from scratch

See how it works: How to Make Your Will at Home (Step-by-Step Guide)

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Key Takeaways

• Handwritten Wills can be legal in Australia.
• They must be signed and witnessed correctly.
• Courts can accept informal handwritten Wills — but only after costly legal proceedings.
• The safest way is to make your Will properly from the start — online, compliant, and crystal clear.

You only get one chance to get your Will right. Make it simple, legal, and stress-free with Will Hero.

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Frequently Asked Questions

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How Will Hero Can Help

Creating a legally valid Will doesn’t have to be complicated or risky. Will Hero makes the process straightforward and safe:

• Step-by-Step Visual Guidance: Our intuitive interface guides you through every section, helping you understand how your estate will be distributed. Visual previews show exactly how your assets will be allocated to your beneficiaries — no guessing what goes where.
• Built-in Legal Compliance: Every Will created with Will Hero automatically follows your state’s legal requirements, including proper structure, witnessing instructions, and state-specific rules. No risk of missing critical elements that could invalidate your Will.
• AI Assistant: Will Hero’s AI Assistant WillBot is available around the clock to answer questions about Wills, estate planning, and Australian law — giving you the guidance that handwritten Wills lack.
• Professional Review: Choose optional Review My Will by our legal team for an extra layer of protection. They’ll check your Will for potential issues before you sign.
• Secure Storage: Store your Will securely in our Digital Vault with instant access whenever needed, plus physical delivery options for a printed copy mailed to your door.
• Easy Updates: Unlike handwritten Wills that need to be rewritten completely, you can update your Will anytime within your 12-month subscription period — free of charge. Make changes when your circumstances change without starting from scratch.
• Cost-Effective: Will Hero offers professional-quality Will creation at a fraction of traditional lawyer fees — and far less than the legal costs of disputing a handwritten Will that’s rejected by the court.

Will Hero helps you create a Will that meets your state’s legal requirements without the risks, complications, or uncertainties of handwritten documents. For particularly complex estates, you can use Will Hero to get started, then consult a lawyer for additional advice if needed.

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