How To Make a Will Online in NSW (2025 Guide)
A Step-By-Step Guide to Creating a Last Will and Testament In New South Wales
Create a legal Will in NSW to protect your assets and loved ones. Under the Succession Act 2006 (NSW), anyone over 18 with testamentary capacity can draft a Will. If you’re ready to Make a Will NSW, this guide walks you through each step—from writing your Will to signing it with valid witnesses—so you can feel confident about your final wishes.
Why make a Will in NSW?
A Will is a crucial legal document that details how you distribute your property after death. It also lets you make key decisions about your family’s future. Beyond transferring assets like property and money, a Will allows you to name guardians for minor children, safeguarding their well-being if you’re no longer here. Without a Will, the state of NSW distributes your estate according to intestacy rules, which might not align with your wishes.
Legal Requirements to make a Valid Will in NSW
To make a Will in NSW, follow these key legal requirements under the Succession Act 2006 (NSW). If you ignore them, the law may treat your Will as invalid, which can complicate probate. Here are the essentials:
You must be at least 18 years old. Exceptions apply if you’re married or if a court grants permission.
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. NSW law doesn’t recognise oral Wills. You need a physical document—typed or handwritten—and you must sign it in front of two witnesses.
Sign with Two Witnesses. The testator (person making the Will) signs, and two competent witnesses watch at the same time. Although it’s legal for a beneficiary to witness, it can create extra complications.
By following NSW’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 NSW
1. Choose an Executor
An executor oversees your estate and implements your Will after you pass away. They distribute assets according to your wishes, pay any debts, and handle legal processes (such as applying for probate in the NSW Supreme Court).
When you select an executor, pick an adult who is organised, trustworthy, and ready to manage these responsibilities. Many people choose a family member, close friend, or professional advisor.
It’s also best practice to name a backup executor if your first choice can’t serve.
2. Name a Guardian for Minor Children
When you make a Will in NSW, consider naming a guardian to care for any minor children if you pass away. This guardian handles day-to-day decisions about education, healthcare, and overall well-being.
Although it’s optional, most parents find it essential. If you don’t name a guardian, a NSW court appoints one—and that choice may not align with your wishes.
It’s also wise to pick a backup guardian in case your first choice can’t serve.
3. Name a Pet Carer
When you make a Will in NSW, you can add instructions about caring for your pets. Appoint someone to look after them, and allocate funds for their upkeep. This ensures your furry companions remain safe and well‐provided for.
Although it’s optional, this step is important if you want control over your pets’ future. If you don’t name a pet carer or guardian, a NSW court or your executor might decide who takes on that role—which may not match your wishes.
4. Decide who inherits your Residual Estate
Your residual estate covers anything left after paying debts, taxes, and distributing specific gifts. Select one or more beneficiaries—whether they’re family, friends, or charities—to receive these remaining assets. For clarity, list each beneficiary’s full name and the exact share they receive.
It’s also wise to name backup beneficiaries in case your primary choices can’t inherit. By clarifying this step when you make a Will in NSW, you reduce confusion and ensure your intentions are followed.
5. Gifting Specific Items
If you own treasured assets—like a family heirloom, jewelry, or property—and want them to go to certain people, list these items in your Will. Provide enough detail (e.g., descriptions, photos) to prevent confusion or disputes. Before you make a Will in NSW, it’s wise to inventory all your assets so you know exactly what you’re gifting.
6. Any Additional Instructions or Provisions?
You can add optional clauses, like funeral preferences or instructions to sell certain assets. You might make a gift conditional or set up a trust until beneficiaries reach a specific age. Including these details helps ensure your wishes are followed without ambiguity.
Review Your Will
Confirming Roles in Your Will
Before you finalise your Will, make sure your chosen Executors, Guardians, and Pet Carers agree to their roles. Doing so prepares each person for their responsibilities and helps you avoid complications.
It’s good practice to discuss these duties with everyone you nominate (and their backups) to ensure they’re comfortable fulfilling them. By clarifying roles when you make a Will in NSW, you minimise surprises later on.
Executors
Guardians
Pet Carers
Test Your Will
Before finalising your Will, consider potential scenarios—like a beneficiary passing away first or specific conditions going unmet. Visualise how your wishes would unfold under different circumstances, and adjust your Will as needed. This extra step ensures your Make a Will in NSW plan covers every possibility.
Signing Your Will
Signing Your Will In Front of Witnesses
After drafting your Will, print and sign it as the next crucial step. When you make a Will in NSW, you must meet specific legal requirements to ensure validity.
Witness Requirements
- At least two witnesses must watch you sign the Will at the same time.
- They should be 18 or older and understand they’re witnessing your signature.
- Although NSW law permits a beneficiary to witness, doing so can trigger extra legal steps, so choosing disinterested witnesses is best.
Once you sign, both witnesses must also sign, confirming they were present and that you appeared to have capacity (sound mind) at the time.
Is Notarisation Required?
You don’t need a notary for Wills in Australia (including NSW). If your Will meets the witness requirements, the Court generally accepts it as valid without a notarial seal or stamp.
Storing Your Will
Keep Your Will Safe
After you sign and witness your Will, store the original in a secure place. In NSW, only that signed copy is legally binding—digital versions don’t suffice. If you lose or damage it, your loved ones may face extra hurdles when distributing your estate.
NSW doesn’t maintain an official registry for living people’s Wills. Here are some secure storage options to consider when you make a Will in NSW:
Store at Home
Keep your Will at home or entrust it to a reliable friend or family member. Ensure they understand how critical it is to safeguard the original document.
With an Attorney
If you worked with a lawyer, they may offer to store the original Will in a secure location for you.
Trusted Person
You can also leave the Will with a trusted person who knows its importance and will keep it safe from loss or damage.
While you can keep online copies for reference, only the original signed Will holds full legal weight in NSW. Make sure your executor knows exactly where to find it to avoid legal complications.
FAQs: Making a Will in NSW
1. What Are My Options for Creating a Will in NSW?
In NSW, you have a few ways to make a Will:
- Use an Online Platform: For simpler estates, a service like Will Hero offers an affordable, convenient way to create a valid Will. Our visual interface walks you through each step to ensure you cover all essentials.
- Hire a Lawyer: Ideal if your estate is large or complex, or if you want personalised legal guidance. Lawyers can assist with estate tax planning, trusts, and other specialised issues.
- Handwrite Your Will: As long as you meet the witnessing requirements (see FAQ #3), a handwritten Will can be legally valid in WA.
2. Do I Need a Lawyer to Make a Will in NSW?
No, you don’t need to hire a lawyer to create a valid Will in NSW. If your estate is straightforward and your wishes are clear, you can draft a Will online or even handwrite one. However, if your estate is complex, or you have concerns about tax planning or trusts, consulting a legal professional provides extra peace of mind.
3. Are Handwritten Wills Valid in NSW?
Yes. When you make a Will in NSW, handwriting it is perfectly valid if you follow the correct steps. Under the Succession Act 2006 (NSW), the testator must sign any typed or handwritten Will in front of two witnesses who watch at the same time.
If a handwritten Will doesn’t meet these requirements, the NSW Supreme Court may use its “dispensing power” to declare it valid, but that route is uncertain and can be expensive. To avoid complications, use two independent witnesses from the outset—no matter how you create your Will.
4. Is there Any Inheritance Tax in NSW?
Australia, including NSW, doesn’t impose inheritance or estate taxes. These “death duties” were abolished decades ago. However, you may owe capital gains tax (CGT) if you sell an inherited asset at a profit.
Death itself doesn’t trigger tax automatically, but if you have complex assets—like property or investments—speak to a tax professional. This ensures you understand any potential CGT or other tax implications.
5. Do I Need to Notarise My Will in NSW?
No. In NSW, you don’t need a notarised Will for validity. Simply sign your Will in front of two witnesses, who must also sign in your presence.
6. Can I Change My Will After It’s Signed?
Yes. As long as you have sound mind, you can update your Will at any time. Generally, you have two main options:
- Add a Codicil: This legal amendment modifies your existing Will. Sign and witness it the same way as the original.
- Create a New Will: Write a new document that revokes all prior Wills and codicils. After signing, destroy every copy of the old Will to prevent confusion.
7. What Happens if I die without a Will?
In NSW, if you pass away without a Will, the Probate and Administration Act 1898 (NSW) and intestacy laws decide who inherits your estate. Typically, your closest relatives receive your assets. If you have no immediate family, the state may take possession of your property.
Also, if you have minor children, the court chooses their guardian—possibly clashing with your wishes. By taking time to make a Will in NSW, you maintain control over these crucial decisions.
8. What is Probate?
Probate is the legal process that begins after someone dies. It verifies a Will’s validity and ensures the estate is distributed according to that Will—or, if no Will exists, under NSW intestacy law.
In NSW, the Supreme Court (through its Probate Office) grants probate. Typically, the executor applies for a Grant of Probate. The process usually involves:
Filing the Will
The executor files the Will with the Supreme Court of NSW, along with a petition to open probate. If no Will exists, they submit a petition for intestate succession.Appointing an Executor
If a valid Will names an executor, that person manages the estate. If the Will lacks an executor—or if there’s no Will—the court appoints an administrator.Inventory of Assets
The executor identifies and values the deceased’s property—like bank accounts, investments, personal belongings, and debts.Paying Debts and Taxes
Before distributing the estate, the executor settles all debts, taxes, and expenses (e.g., mortgages, credit card bills, medical costs).Distributing the Estate
Once everything is paid, the executor distributes the remaining assets to the beneficiaries named in the Will. If no Will exists, the estate goes to heirs under NSW’s intestacy rules.Closing the Estate
After meeting all obligations, the executor files a final petition to close the probate process.
When you make a Will in NSW, you choose an executor who typically manages these steps on your behalf.
9. How Long Does Probate Take?
In NSW, probate can range from a few months to over a year. Estate complexity, beneficiary disputes, or a contested Will may extend the process. On average, the entire procedure wraps up in about 9 to 18 months.
10. Can Probate Be Avoided?
You can often reduce probate by holding certain assets in ways that skip your estate:
- Joint Tenancy: Property owned as joint tenants automatically passes to the surviving owner.
- Beneficiary Designations: Superannuation and life insurance may bypass probate if you name direct beneficiaries.
- Family Trusts: Transferring assets into a family trust means the trust, not you, owns them. As a result, they generally avoid probate—just ensure you properly move real estate, bank accounts, or investments into the trust.
Many people use living trusts or beneficiary designations to streamline estate administration and lower probate costs. If you want to minimise probate when you make a Will in NSW, consider these options early.
Make Your Online Will in NSW Today with Will Hero
Don’t put off creating your Will any longer. With Will Hero, making an online will in NSW is simple, affordable and stress-free. Sign up for your free account and pay when you are happy you have created the Will you want. Start protecting your loved ones and assets with a legally valid digital Will tailored to your needs. Secure your legacy, try Will Hero today.
Why Choose Will Hero for your Online Will in NSW?
Will Hero helps people create state-specific legal wills online. Our user-friendly platform and expert guidance make the process of creating a Will easy for everyone. You’ll have peace of mind knowing your wishes will be carried out!
Visual Approach
Make a Will online using interactive visuals helps you see and understand how your Will works.
AI Assistance
Available 24/7 to answer your questions about Wills, estate planning and NSW laws.
Scenario Testing
See exactly what would happen to your estate if people in your Will pass away before you.
State Specific Legal Will
Helps you make a legally valid Will specific to NSW laws.
Lawyer Approved
Drafted by Lawyers.
Personalised by you. You can even make more than just a simple Will.
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Disclaimer: This blog provides general information only and does not constitute personalised legal advice.
