Is an Online Will Legal in Australia?

Yes — Wills created online can be legally valid in Australia when they are properly printed, signed, and witnessed. The method you use to create your Will (online platform, lawyer, or handwritten) doesn’t affect its legal validity. What matters is that your Will meets Australia’s legal requirements: it must be in writing, signed by you, and witnessed by two independent adults.

This guide explains exactly what makes a Will created online legally valid in Australia, how online Will platforms ensure compliance, and what you need to know to protect your wishes.

What Makes a Will Legally Valid in Australia?

All Wills in Australia — whether created online, by a lawyer, or handwritten — must meet the same core legal requirements. These requirements are consistent across all states and territories, though some details (like witnessing procedures) vary slightly by state. (For authoritative guidance on online Will validity, see State Trustees’ information on online Wills.)

The Five Core Requirements for a Valid Will

1. Legal Age and Capacity
You must be at least 18 years old (with limited exceptions for married minors or court-authorised Wills). You must also have “testamentary capacity” — meaning you understand:

• What a Will is and what it does
• The nature and extent of your assets
• Who would normally expect to benefit from your estate
• The consequences of your decisions

2. Written Format
Your Will must be in writing. This can be handwritten, typed, or printed from an online platform. Australian law doesn’t require Wills to be typed or professionally drafted — handwritten Wills can be valid, though they’re more likely to have errors or ambiguities.

3. Your Signature
You must sign the Will (or direct someone to sign on your behalf in your presence). This signature typically appears at the end of the document and shows your intention to give it legal effect.

4. Two Independent Witnesses
Two adult witnesses must:

• Be present together at the same time when you sign
• Witness your signature
• Sign the Will themselves in your presence (and typically in each other’s presence)
• Ideally be independent (not beneficiaries or spouses of beneficiaries), as witnessing a Will can affect a beneficiary’s entitlement in many states

5. Genuine Intention
Your Will must reflect your genuine wishes and be made without undue pressure or influence from others.

These requirements apply equally to online Wills, lawyer-drafted Wills, and handwritten Wills. The creation method doesn’t change the legal standards.

How Online Will Platforms Ensure Legal Validity

Reputable online Will platforms are designed to help you create legally valid Wills by ensuring all requirements are met. Here’s how they typically work:

1. Lawyer-Reviewed Templates

Most online Will platforms use templates drafted or reviewed by qualified lawyers. These templates include all legally required clauses and provisions, helping ensure your Will meets legal standards.

2. State-Specific Compliance

Australia’s states and territories have slightly different legal requirements — especially around witnessing procedures. Reputable online platforms tailor your Will document to your state or territory, ensuring it complies with local laws.

3. Professional Review

Many online platforms review your completed Will for potential errors, missing information, or issues that could affect validity before you finalise it. Will Hero, for example, reviews every Will for data validation and potential errors that could invalidate your Will before signing.

4. Clear Signing Instructions

Online platforms provide step-by-step instructions for signing and witnessing your Will according to your state’s specific requirements. This guidance helps ensure you complete the witnessing process correctly.

5. Error Checking

Digital platforms can check for common errors — like missing executor appointments, incomplete beneficiary information, or ambiguous language — that could cause problems later.

The Signing Process: Why It Matters

Important: An online Will isn’t legally valid until it’s printed, signed, and witnessed on paper.

Australian law requires the original signed and witnessed paper document to be legally valid. Digital copies, scanned PDFs, or online versions cannot be used as your legal Will. However, you should keep digital backups for reference. Learn more about what makes a Will legally valid in Australia.

When you create an online Will, the process typically works like this:

1. Create your Will online — Answer questions, make decisions, and review your document digitally
2. Download and print — Print the final Will document on paper
3. Sign in front of witnesses — Sign the printed document in the presence of two independent adult witnesses
4. Witnesses sign — Both witnesses must sign the document in your presence (and typically in each other’s presence)
5. Store safely — Keep the original signed document in a secure location (learn more about where to store your Will)

Example of correct witnessing: Sarah creates her Will online and prints it. She arranges to meet two friends (John and Mary) at her home. All three are present together. Sarah signs the Will in front of John and Mary. John then signs as a witness, and Mary signs as a witness. Both witnesses see Sarah sign, and both see each other sign. The Will is now legally valid.

What can go wrong:

• Only one witness is present (needs two)
• A beneficiary witnesses the Will (may void their gift in many states)
• Witnesses sign at different times or locations (witnesses must be present together)
• The Will isn’t printed before signing (digital signature alone isn’t sufficient)

The signing and witnessing process is the same regardless of how your Will was drafted. What makes it legally valid is proper execution — not the creation method.

Updating or Revoking Your Online Will

If you need to make changes after creating your online Will, you have a few options:

• Update through the platform — Many online Will platforms, including Will Hero, allow you to edit your Will online and reprint a new version. This is typically included for a set period (e.g., 12 months) after creation.
• Create a new Will — You can create a completely new Will through the same platform or a different method. A new Will typically revokes your previous Will, so make sure your new document clearly states it revokes all previous Wills.
• Use a codicil — For minor changes, you can add a codicil (amendment) to your existing Will, though this requires proper signing and witnessing like the original Will.

Important: Always ensure your updated or new Will is properly signed and witnessed, just like the original. Never simply cross out text or write changes on your existing Will, as this may invalidate the document.

Are Online Wills Valid in All Australian States?

Yes, online Wills are valid in all Australian states and territories when properly completed, signed, and witnessed according to each state’s specific requirements.

While the core legal requirements are the same across Australia, some details vary by state:

• Witnessing requirements — Some states require witnesses to be present together at the same time, while others have slightly different rules
• Executor qualifications — Some states have specific requirements about who can act as an executor
• Legal provisions — Some states include specific statutory provisions that must be referenced

Reputable online Will platforms account for these differences by:

• Creating state-specific Will templates
• Providing state-specific signing instructions
• Including state-specific legal clauses where required

Will Hero, for example, creates state-specific Wills that comply with local legal requirements across NSW, Victoria, Queensland, Western Australia, South Australia, Tasmania, ACT, and Northern Territory.

Important: If you move between states, you should review and potentially update your Will to ensure it still meets your new state’s requirements. For state-specific requirements, see our guides:

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

Can Online Wills Be Challenged in Court?

Any Will — whether created online, by a lawyer, or handwritten — can potentially be challenged in court if someone believes:

• It doesn’t meet legal requirements (e.g., improper witnessing)
• The testator lacked testamentary capacity
• The Will was created under undue influence
• There was fraud or forgery

However, there is no legal basis to assume online Wills are more likely to be challenged than other properly executed Wills. In fact, online Wills created through reputable platforms may be less likely to face challenges because:

• Professional review helps catch errors before signing
• Clear documentation shows the Will was created through a structured process
• Error checking reduces the risk of invalid provisions
• State-specific compliance ensures all legal requirements are met

The risk of challenges depends on how well the Will meets legal requirements — not on whether it was created online or through a lawyer.

While challenges can occur with any Will, many people wonder whether online Wills face unique risks. The following misconceptions often contribute to this concern.

Common Misconceptions About Online Wills

”Online Wills aren’t legally binding”

False. Online Wills are legally valid when properly signed and witnessed, just like Wills created through any other method. The method of creation doesn’t affect legal validity.

”You need a lawyer to make a valid Will”

False. While lawyers can help with complex estates, you don’t need a lawyer to create a valid Will in Australia. Online platforms, handwritten Wills, and Will kits can all create legally valid Wills when properly executed. For more information on the differences between these options, see our comparison of online Wills vs Will kits.

”Digital copies are legally valid”

False. In Australia, only the original signed and witnessed paper document is legally valid. Digital copies cannot replace the original, though they’re useful for reference. (Except in rare circumstances where a court accepts an informal Will under state legislation.) For guidance on secure Will storage, see our complete guide.

”Online Wills don’t work in court”

False. Properly signed and witnessed Wills created through online platforms are accepted by courts, banks, and government agencies in the same way as lawyer-drafted Wills. The validity depends on compliance with legal requirements — not the creation method.

”Online Wills are less secure than lawyer-drafted Wills”

Not necessarily. Reputable online platforms use encryption and secure storage. The legal validity and security of a Will depend on how it’s created and stored — not whether it was created online or through a lawyer.

What to Look for in an Online Will Platform

If you’re considering creating an online Will, look for platforms that:

✅ Use lawyer-reviewed templates — Templates should be drafted or reviewed by qualified legal professionals
✅ Provide state-specific compliance — Your Will should be tailored to your state or territory
✅ Offer professional review — The platform should review your Will for potential errors before finalisation
✅ Give clear signing instructions — You should receive state-specific guidance on witnessing requirements
✅ Include error checking — The platform should check for common errors that could affect validity
✅ Offer support — Look for platforms with customer support to answer questions
✅ Have transparent pricing — Clear pricing without hidden fees
✅ Protect your data — The platform should use encryption and secure storage

When choosing an online Will platform, it’s important to verify that they meet these standards. Look for platforms with clear documentation about their legal review process, state-specific compliance, and customer support availability. Check reviews and ensure their templates are regularly updated to reflect current legal requirements.

Will Hero, for example, meets all these criteria — using templates drafted by a panel of Wills and Estates specialists, providing state-specific compliance, reviewing every Will for potential errors, and offering clear signing instructions and support throughout the process. Will Hero also offers unique features like Visual Will creation to help you visualize your estate plan and Scenario Testing to see how your Will would work in different situations.

When an Online Will May NOT Be Appropriate

While online Will platforms work well for most Australians, there are situations where consulting a lawyer may be more appropriate:

• Blended families — Complex family structures with stepchildren, previous partners, or dependents from multiple relationships may require specialised legal advice to ensure fair distribution and minimise disputes
• Complex trusts — If you want to establish family trusts, testamentary trusts, or other sophisticated estate planning structures, a lawyer can help structure these properly
• Overseas assets — If you own property, investments, or other assets in other countries, you may need separate Wills or international estate planning advice to ensure proper distribution
• Business ownership — Business owners often need specialised clauses for succession planning, partnership agreements, and business asset protection
• Vulnerable beneficiaries — If you’re providing for someone with disabilities, special needs, or addiction issues, a lawyer can help create protective structures (like testamentary trusts) to safeguard their inheritance
• Concerns about capacity challenges — If you’re concerned that your Will might be challenged due to your age, health, or family dynamics, a lawyer can help document your capacity and create additional protective measures

For straightforward estates with clear wishes, online Will platforms like Will Hero provide an excellent solution. However, if your situation involves any of the above complexities, consulting a lawyer ensures your estate plan is comprehensive and legally robust.

Ready to Create Your Legally Valid Online Will?

Wills created online can be legally valid in Australia when they are properly printed, signed, and witnessed according to your state’s requirements. The method of creation doesn’t affect validity — what matters is meeting Australia’s legal requirements.

Will Hero makes it easy to create a legally valid Will online. Our platform guides you through every step, reviews your Will for potential errors, and provides state-specific signing instructions to ensure your Will meets all legal requirements.

Start creating your Will today — it takes just 10-15 minutes, costs $99, and includes 12 months of free edits, professional review, and ongoing support.

Create your online Will in your state:

• Online Wills NSW (Sydney)
• Online Wills Victoria (Melbourne)
• Online Wills Queensland (Brisbane)
• Online Wills Western Australia (Perth)
• Online Wills South Australia (Adelaide)
• Online Wills for all Australian states

Create your Will now →

Explore our state-specific guides for a deeper dive:

Australian Capital Territory

New South Wales

Northern Territory

Queensland

South Australia

Tasmania

Victoria

Western Australia