How to Write a Will in Australia (Without Necessarily Paying a Lawyer)

🤔 Why you need a will, even young and broke🔗

Most Australians under 40 don't have a will. The logic is understandable, "I don't own much, so what's the point." That thinking misses what a will actually does.

Without one, you die intestate. Your state or territory's intestacy laws decide who gets your assets, in what order and what proportions, following a fixed formula that has nothing to do with your actual wishes. Broadly: a spouse or de facto tends to get priority, then children, then parents, then more distant relatives, with no relatives at all meaning the estate goes to the Crown. The exact statutory amounts differ across NSW, Victoria, Queensland, WA, SA, Tasmania, the ACT and the NT, but the point stands everywhere: the formula may not match what you'd actually want.

📋 What a will can and can't cover🔗

🎯 The essential: Two things trip people up constantly: your will has zero control over your super, and zero control over property held as joint tenants.

Your will CAN cover:

• Bank accounts held solely in your name
• Shares and managed fund investments in your name
• Property held as tenants in common, not joint tenants
• Personal property, your car, jewellery, furniture
• Gifts to charities or organisations
• Guardianship wishes for minor children, though the Family Court has the final say

Your will CANNOT cover:

• Superannuation, which needs a separate binding death benefit nomination through your fund
• Jointly owned property held as joint tenants, which passes by survivorship
• Life insurance proceeds, which go to the nominated beneficiary on the policy
• Assets held in a family trust, governed by the trust deed

🛠️ Your options for making one🔗

There's no single right answer here, it depends on how complex your estate is, your budget, and how confident you are getting the paperwork right.

On that last row: Queensland's Public Trustee prepares wills free of charge for all Queenslanders, regardless of whether they're appointed as executor. NSW Trustee and Guardian offers free will preparation for people eligible for a full Centrelink age pension, with standard packages priced for everyone else. South Australia's Public Trustee offers free will preparation to eligible concession holders who appoint them as executor. Every state has its own version of this, so it's genuinely worth checking your own state's Public Trustee site before assuming a solicitor is your only option.

One catch worth knowing either way: Public Trustees often charge fees for administering your estate after you die, sometimes a percentage of its value. Factor that in, not just the upfront cost of making the will.

⚖️ Making it legally valid🔗

This is where DIY wills fall apart most often. The core legal requirements are broadly consistent across Australian states and territories:

1. Must be in writing, typed or handwritten, both are valid
2. Signed by you, the testator, at the end of the document
3. Signed in the presence of two adult witnesses, physically present when you sign
4. Both witnesses sign in your presence, and in each other's presence
5. Witnesses must not be beneficiaries, or the gift to that witness may be void
6. You must be 18 or older, or married in some states
7. You must have testamentary capacity, understanding what you own, who might reasonably expect to benefit, and acting freely

If you're using a DIY kit or online service, it's worth having a solicitor or your state's Public Trustee check it before you file it away. A short review now can save your estate a contested probate process later.

📝 What to actually include🔗

A well-drafted will covers these elements:

• Executor appointment. The person who applies for probate, pays your debts and distributes your assets. Name a backup too.
• Guardian for minor children. Courts aren't bound by your choice but take it seriously. Discuss it with them first.
• Specific gifts. Name particular items or amounts for specific people. Be precise, vague descriptions cause disputes.
• Residuary estate. Everything left after gifts, debts and costs. If you don't say who gets it, that portion can be treated as if you died intestate for that share.
• Funeral wishes. Optional, and worth also telling a family member directly, since a will is often read after the funeral.

If your estate is substantial, or you've got beneficiaries who might benefit from asset protection or tax planning, a testamentary trust inside your will is worth a conversation with a solicitor. It's not a DIY option, but it can matter a lot for the right situation. The wider picture of how a will fits with your power of attorney and super nomination is covered in our full estate planning guide.

🗄️ Storing and updating it🔗

A will nobody can find is nearly as useless as no will at all. Store it with your solicitor, your state's Public Trustee, a fireproof safe at home, or with the Supreme Court in some states. Whatever you choose, tell your executor exactly where it is.

Update it after:

• Marriage, which automatically revokes a prior will in most states
• Divorce, which revokes gifts to a former spouse in most states, but not the whole will
• The birth of children or grandchildren
• Major asset changes, buying or selling property, starting a business
• The death of an executor or beneficiary named in it

As a general rule, review your will every three to five years even if nothing obvious has changed.

❓ Frequently asked questions🔗