How to write a will in Australia: a step-by-step guide

Last reviewed 2026-10-23

Short answer

To make a valid will in Australia you must be over 18 and have capacity, put the will in writing, sign it, and have two adult witnesses watch you sign. You can use a will kit, the public trustee or a solicitor. A solicitor is worth it if your family or finances are complicated.

Key facts

A will needs to be in writing, signed by you and witnessed by two adults who are present when you sign.
A beneficiary or their partner should not witness your will. In some states that gift can fail.
In most states, marriage cancels an existing will unless it was made in contemplation of that marriage.
Super and jointly owned property usually do not pass under your will.
Keep the signed original safe. Courts generally need the original for probate.

Why should I make a will?

A will says who receives your property when you die, who looks after it (your executor) and, if you have young children, who you would like to care for them. Without one, the law of your state decides who inherits. That is called intestacy, and the result often isn’t what people expect. See our guide on dying without a will.

What makes a will valid in Australia?

You are 18 or over (or married, or have court approval).
You have testamentary capacity: you understand what a will is, roughly what you own, and who might expect to benefit.
It is in writing. Typed, printed or handwritten are all fine.
You sign it, ideally at the end and on every page.
Two adult witnesses watch you sign, and then sign themselves in your presence.

Courts in every state can sometimes accept a document that doesn’t meet these rules, such as an unwitnessed note, if they are satisfied it reflects what the person wanted. That is slow, expensive and uncertain. Doing it properly is much easier for your family.

Who can witness a will?

Any adult with capacity who can see you sign. The safest choice is two people who receive nothing under your will and are not married to or partnered with someone who does. In NSW and Queensland, for example, a gift to a witness can be void unless the court decides otherwise.

What should I include in my will?

Your full name and address, and a statement cancelling earlier wills.
Your executor, and a backup executor.
Guardians for children under 18.
Specific gifts, such as a house, a car, jewellery or a sum of money.
Who receives the rest (the residue) of your estate, and what happens if they die before you.
Wishes about your funeral, burial or cremation. These are usually not binding, so tell your family too.
Arrangements for pets. See our guide on pet care in your estate plan.

What doesn’t my will cover?

Some assets pass outside your will. Superannuation is paid by your fund under its rules and any binding death benefit nomination. Property you own as joint tenants passes automatically to the surviving owner. Life insurance outside super goes to the nominated beneficiary. Assets in a family trust or company follow the trust deed or company rules.

Will kit, online will, public trustee or solicitor?

Ways to make a will
Option	Good for	Watch out for
Will kit or online will	Simple estates, everything to a partner then children	Signing and witnessing mistakes, unclear wording
Public trustee	Straightforward estates, low cost	May be appointed as executor and charge fees from the estate
Solicitor	Blended families, a business, trusts, property overseas, likely disputes	Higher upfront cost

When should I update my will?

When you marry, as in most states this cancels your existing will.
When you separate or divorce. Divorce usually cancels gifts to your former spouse, but separation alone often does not.
When you have children or grandchildren.
When you buy or sell major assets, or move interstate or overseas.
When an executor or beneficiary dies.

Where should I keep my will?

Keep the signed original in a safe place: with your solicitor, the public trustee’s safe custody service, or a fireproof safe at home. Tell your executor where it is. Keep a scanned copy as well, so your executor can read it straight away and start the first steps. A copy in ifever is passed to your executor when it is needed, but the original is still what the court asks for.

Common questions

Is a handwritten will valid in Australia?

A handwritten will can be valid if it is signed by you and witnessed by two adults, like any other will. A handwritten will without witnesses is not formally valid, although a court may still accept it in some cases.

Can I write my own will without a lawyer?

Yes. A will does not have to be made by a lawyer. Will kits and online wills are legal. The risk is in the details: wrong witnessing, unclear gifts, or forgetting assets that pass outside the will.

Does a will need to be registered in Australia?

No. There is no compulsory national will register. Some states offer a voluntary register or safe custody service. What matters is that your executor can find the original.

How much does a will cost in Australia?

A will kit or online will costs from tens to a few hundred dollars. A solicitor typically charges more, depending on how complex your estate is. Some public trustees offer low-cost wills.

Can I leave my superannuation in my will?

Only indirectly. Super is paid by the fund, not under your will. If you want it to go through your will, you can nominate your legal personal representative (your executor) in a binding nomination.

Sources and official help

These guides are general information, not legal or financial advice. Laws differ between states and territories and change over time. Speak to a solicitor or your state or territory public trustee about your situation.