Making a will in Australia

Why a valid will matters, the formalities in each state, and what happens if you die without one (intestacy).

General information only. This guide explains how Australian law usually works. It is not legal advice. For a decision with real consequences, speak to a licensed Australian lawyer.

Why it matters

A will says who gets your assets and who cares for any children. Without one, intestacy laws decide for you — and the result may not reflect your wishes.

Formalities

Across Australia a will is generally valid if it is:

in writing,
signed by you (the testator),
witnessed by two adults who are not beneficiaries.

Exact formalities differ slightly by state and territory, and special rules apply to witnesses who are also beneficiaries.

Keeping it current

Update your will after major life events — marriage, separation, births, or significant asset changes. A later valid will usually revokes earlier ones.

Get it right

For straightforward estates, a carefully prepared will may be enough. For complex situations, a succession lawyer helps avoid mistakes that could invalidate it. Ask the assistant to list what to think about, then confirm with a professional.

Common questions

What if I die without a will?+

You are 'intestate' and state law decides who inherits, which may not match your wishes.

Does a will need a witness?+

Yes. Generally it must be in writing, signed by you, and witnessed by two adults who are not beneficiaries.

Can I write my own will?+

Simple wills can be DIY, but errors can make them invalid. Significant assets warrant a lawyer.