How to write an Australian will

A will is the single most useful document you can leave for your family. Without one, the state decides who inherits what, and your loved ones spend months untangling paperwork instead of grieving. The good news is that making a valid Australian will is simpler than most people expect.

Who needs a will

Any Australian adult with assets, dependents, or specific wishes about their belongings needs a will. That includes anyone who owns a home, has superannuation, has children under 18, or simply cares who gets which family heirloom.

What makes a will valid in Australia

Each state and territory has its own Succession Act, but the core requirements are the same across the country.

• You must be 18 or older (with narrow exceptions for married minors and court-approved wills).
• You must have testamentary capacity, meaning you understand what a will does and what you own.
• The will must be in writing.
• You must sign it in the presence of two adult witnesses who are not beneficiaries.
• The witnesses must sign in your presence and each other's presence.

What to include

The essentials

• Your full legal name and address.
• A statement revoking any previous wills.
• Your executor (and a backup).
• Guardians for any children under 18.
• How your assets are divided.
• Your wishes for funeral or cremation, if you have them.

Things people often forget

• Superannuation is not automatically covered by your will. Nominate a beneficiary directly with your super fund.
• Jointly owned property usually passes to the surviving owner, regardless of what your will says.
• Life insurance held outside super is often paid directly to the nominated beneficiary.
• Digital accounts, photos, and subscriptions rarely appear in a will, but your family will need access.

DIY, will kit, or solicitor?

A DIY will is legally valid if it meets the witnessing rules, but small mistakes cause big problems: unclear wording, missing witnesses, or gifts that no longer exist. If your situation is straightforward, a reputable will kit or online service is usually fine. If you have a blended family, a business, property in more than one country, or a beneficiary with special needs, see a solicitor. Fees for a simple will are typically a few hundred dollars.

Where to store it

A will is only useful if it can be found. Keep the signed original in one of these places, and tell your executor exactly where it is: your solicitor's safe, your state's public trustee or will bank, a home fireproof safe, or a bank safety deposit box. Never staple, paperclip, or write on the original once it is signed. Store a copy with your other important papers so your family can locate it quickly.

Review it every few years

A will is not a set-and-forget document. Marriage, divorce, a new child, buying a home, and losing a beneficiary all change what your will should say. In several states, marriage automatically revokes an existing will. A short annual review, timed to your birthday or the new financial year, is enough to keep it current.