Writing a Valid Will in Australia: Your Questions Answered

To make a valid will in Australia, you must generally be aged 18 or over and have testamentary capacity — 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.

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.

You are not legally required to use a lawyer to draft a will in Australia — 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.

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 — in most states, eligible persons must bring a claim within 12 months of the date of death, though this can vary.

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.

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.

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.