How To Make a legally Valid Will in Australia - 2025 Guide
Having a Legally Valid Will in Australia is one of the most important steps you can take to protect your loved ones and ensure your final wishes are carried out. However, the laws and requirements for Wills can differ slightly between states and territories. In this guide, we’ll break down core legal requirements, discuss common pitfalls, and show you how Will Hero makes the process simple, affordable, and stress-free.
Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
What is a Will?
A Will is a legal document that explains how you want your assets—such as money, property, and personal possessions—distributed after your death. You can also use your Will to:
- Appoint a guardian for minors.
- Specify funeral instructions.
- Leave charitable bequests or gifts.
The person who creates the Will is called the testator, and the individual(s) who carry out those instructions are known as the executor(s).
Why You Need a Legally Valid Will in Australia
Control Your Legacy
If you die without a Will, your estate is distributed according to intestacy laws, which may not align with your wishes.
Protect Loved Ones
Ensure financial security for your spouse, children, or other dependants by naming them as beneficiaries.
Minimise Disputes
A clearly expressed, valid Will can help reduce family conflicts and lengthy court battles.
Simplify Probate
Having a formal, valid Will often speeds up estate administration, reducing stress for your executors.
5 Core Requirements for a Legally Binding Will in Australia
Although the details differ slightly across states and territories, the five core requirements below generally apply:
Legal Age
You must be at least 18 years old (with exceptions for married minors or court-authorised Wills).Testamentary Capacity (“Sound Mind”)
You must understand the purpose of a Will, the nature of your assets, who your beneficiaries are, and the consequences of your decisions.Written Format
Your Will must be in writing (handwritten or typed). While “holographic Wills” (fully handwritten) can sometimes be accepted, most states require proper witnessing and signatures.Signature of the Testator
You must sign the Will (or direct someone to sign on your behalf in your presence). This signature shows your intention to give the document legal effect.Witnesses
- At least two competent adults must witness your signature.
- In most states, it’s strongly advised that witnesses not be beneficiaries, to avoid any allegations of undue influence or invalidation of gifts.
State-by-State Guide to Will Requirements
Requirements are similar across Australia, but each state or territory has minor variations. Here’s a quick-reference table comparing minimum age, format specifics, witnessing rules, and informal Will acceptance in each region:
| State / Territory | Min. Legal Age | Format Requirements | No. of Witnesses | Beneficiary as Witness? | Holographic (Handwitten) / Informal Wills |
|---|---|---|---|---|---|
| ACT See Wills Act 1968 (ACT) | 18 (with exceptions) |
| 2 | Allowed, but gifts to witness may be invalid unless court is satisfied no undue influence/fraud. | Court may accept informal documents if they reflect the deceased’s intentions. |
NSW | 18 (with exceptions) |
| 2 | Possible, but presumed invalid unless proven otherwise. Courts can validate with evidence of genuine intent. | Courts can accept unwitnessed documents if they show the deceased’s final testamentary intentions. |
VIC | 18 (with exceptions) |
| 2 | Strongly discouraged. Gift may be void unless court is satisfied no undue influence. | Court can dispense with formalities if the document clearly shows the testator’s intention. |
QLD | 18 (with exceptions) |
| 2 | Not automatically invalid, but can be challenged. Court may confirm if no undue influence. | Section 18 allows informal Wills if they reflect the deceased’s intentions. |
WA | 18 (with exceptions) |
| 2 | Gift may be void unless court is satisfied it was freely made (no undue influence). | Court can dispense with formal requirements if document clearly states the deceased’s intentions. |
SA | 18 (with exceptions) |
| 2 (or more) | Gift can be void unless validated by court under certain conditions. | Court may accept informal Wills if they clearly represent the deceased’s final wishes. |
TAS | 18 (with exceptions) |
| 2 | Possible, but might be invalid unless court is satisfied no undue influence or fraud. | Court may accept informal Wills if intended as the final Will. |
NT | 18 (with exceptions) |
| 2 | Gift may be void unless the court validates (no undue influence). | Court may accept informal Wills if shown they were the deceased’s final intentions. |
Common Mistakes to Avoid
Witnessing Mistakes
Use independent witnesses (not beneficiaries) to reduce the risk of invalidating gifts.Not Updating After Life Events
Marriage, divorce, or the birth of a child can revoke or alter parts of your Will. Update promptly.Overlooking Executor Responsibilities
Choose an executor who is willing and able to handle administrative tasks.Failing to Revoke Old Wills
If you have more than one Will, confusion can arise. Always include a revocation clause in the latest version.Relying on ‘Informal’ Wills
Courts can accept informal Wills, but it’s time-consuming and costly to prove. Follow the formal process from the start.
What are my options for making a Will?
Online Wills
- Cost-Effective & Convenient: Often less expensive than traditional legal services and can be completed on your own schedule.
- Straightforward Guidance: Ideal for simpler estates with fewer complexities. Online Will platforms such as Will Hero provide all the tools to make your own DIY Will.
Lawyer-Drafted Wills
- Expert Legal Advice: Helpful if you have complex assets, blended families, or need intricate legal clauses.
- Fully Tailored: Personal consultations ensure your Will is customized to your unique situation and complies with all legal nuances.
Updating or Revoking Your Will
When to Update:
After major life events: marriage, divorce, births, deaths, or substantial changes in assets.
How to Revoke:
Draft a new Will with a revocation clause stating it replaces all previous Wills.
- Destroy old copies to avoid confusion.
- Ensure you follow proper witnessing and signing requirements again.
FAQs on Legal Wills in Australia
Does marriage automatically revoke my Will?
In many Australian states, getting married can automatically revoke an existing Will—unless the Will explicitly states it was made in contemplation of marriage. Always double-check your state’s laws and update your Will after major life changes.
What if I have assets overseas?
You may need to create a separate Will in the relevant country or seek international estate planning advice to ensure overseas assets are included. Will Hero can guide you on the basics, but consult a lawyer for detailed international planning.
Can I name multiple executors?Yes. Many people appoint more than one executor, such as a spouse and an adult child, so responsibilities can be shared or delegated if needed.
Is my superannuation covered by my Will?
Superannuation is usually held by your super fun, and its distribution often depends on beneficiary nominations. You can mention your wishes in your Will, but the final decision might be subject to superannuation fund rules.
How Will Hero Can Help
Making a legally valid Will doesn’t have to be complicated. Will Hero offers:
- Step-by-Step Visual Guidance: A user-friendly interface walks you through each clause, ensuring you don’t miss important details. Will Hero provides visuals to you understand how your estate will be distributed to your beneficiaries.
- More than just a Simple Will: Adjust and add clauses to suit your personal situation, whether you have a simple or moderately complex estate.
- AI Assistant: Will Hero’s AI Assistant WillBot is there 24/7 to answer any questions you have about Wills, estate planning, and your local laws.
- Professional Support: Access help if you have queries about witnessing, signing, or storing your Will safely.
- Ongoing Updates: Easily revise your Will if circumstances change—marriage, divorce, new children, or significant asset changes. You can make changes and update your Will as many times as you like within a 12 month period.
- Affordable: Will Hero costs a fraction of the amount you would pay a lawyer .
With Will Hero, you can create a Will that fits your state’s requirements without the high cost or scheduling hassles of traditional routes. If your estate is especially complex, consider using Will Hero as a first step, then consult a lawyer for final review.
Conclusion
Creating a legally valid Will in Australia is essential for protecting your loved ones and ensuring that your estate is handled the way you want. By understanding the core requirements, state-by-state differences, and common pitfalls, you can draft a Will that stands up in court.
Whether you choose an online platform like Will Hero or opt for a lawyer-drafted Will for more complex estates, the key is taking action sooner rather than later. Start the process today and secure your family’s future—knowing your final wishes will be carried out faithfully.
