View Contents+

Learn what makes a will legally valid in Australia, who can witness it, and how to protect your estate wishes.
Overview
A valid will is one of the most important legal documents you can create, ensuring your assets are distributed according to your wishes after death. In Australia, wills are governed by state and territory legislation, so the rules can vary slightly depending on where you live. Getting the formalities right is essential โ an invalid will can cause significant distress and legal costs for those you leave behind.
This article covers 7 questions
Frequently Asked Questions
Q. Who can make a will in Australia?+
To make a valid will in Australia, you must generally be aged 18 or over and have testamentary capacity โ meaning you understand what a will is, the nature of your assets, and who has a reasonable claim on your estate. Courts can make or approve wills for people under 18 in limited circumstances, such as those who are married. If a person's capacity is later questioned, the will may be challenged.
Q. What formal requirements must a will meet?+
Under succession legislation in each state and territory, a will must generally be in writing, signed by the person making it (the testator), and witnessed by two independent adults who are present at the same time. Witnesses should not be beneficiaries under the will, as this can affect their entitlement to inherit. Courts do have a discretionary power in some jurisdictions to recognise informal wills, but this is uncertain and costly to pursue.
Q. Do I need a lawyer to write a will?+
You are not legally required to use a lawyer to draft a will in Australia โ DIY will kits are available and legally recognised if completed correctly. However, errors in wording, unclear asset descriptions, or improper witnessing are common pitfalls that can render a will invalid or create disputes. Professional legal advice is particularly worthwhile for complex estates, blended families, or business assets.
Q. Can a will be challenged after death?+
Yes. Family members or dependants who believe they have not been adequately provided for may apply to the court for a family provision order under relevant state or territory legislation. Grounds for challenge also include lack of testamentary capacity, undue influence, or improper execution. Limitation periods apply โ in most states, eligible persons must bring a claim within 12 months of the date of death, though this can vary.
Q. What happens if I die without a will?+
Dying without a valid will is known as dying intestate. In this case, your estate is distributed according to a statutory formula set out in intestacy legislation, which may not reflect your actual wishes. This can mean a partner, close friend, or charity you intended to benefit receives nothing at all.
Q. How often should I update my will?+
You should review your will after major life events such as marriage, divorce, the birth of a child, or acquiring significant assets. In most Australian states and territories, marriage automatically revokes a will made before that marriage unless the will was made in contemplation of that marriage. Divorce does not revoke a will entirely but may affect gifts made to a former spouse.
Q. How much does making a will cost?+
A basic professionally drafted will typically costs between $200 and $500 through a solicitor or trustee company, though complex estates may cost more. DIY will kits are available for under $50 but carry a higher risk of errors. Some community legal centres offer low-cost or free will-drafting services, particularly during annual Free Wills Month events.
Use ROY's free AI analysis to understand how the law applies to your specific situation.
This article provides general legal information only and does not constitute legal advice for your specific situation. Laws vary by state/territory. Consult a qualified lawyer for advice tailored to your circumstances.
Related Cases & Similar Precedents
These are fact-based cases and precedents. Click 'View Source' to access official sources.
Vigolo v Bostin โ family provision and moral duty
How courts assess adequate provision in family provision claims
The High Court considered how a court assesses whether adequate provision was made for an applicant, addressing the relevance of "moral duty" in family provision claims.
โป Leading Australian precedent โ reference only
These are fact-based cases and precedents. Click 'View Source' to access official sources.
Outcome Distribution for General Cases
* These figures are estimates based on ROY AI similar-case analysis. Results may differ for individual cases and do not constitute legal advice or a guarantee of outcome.
Let ROY organise your case
before you go it alone
Enter your situation and AI will map out the key issues, outcome distribution from similar cases, and connect you to specialist firms โ all in one step.
Related Legal Guides
This document is provided for general informational purposes only and does not constitute legal advice, legal counsel, or a guarantee of outcome for any specific case. For specific legal matters, please consult a qualified Australian legal practitioner. ROY Legal Insights is an information service and not a law firm. First published: 2026.07.04.