How to Make a Valid Will in Australia (and Common Mistakes to Avoid)
12 October 2026 · 5 min read
A will is the only way to be sure your assets go to the people you choose and that someone you trust looks after your estate. Each state and territory has its own succession laws, but the core requirements are similar across Australia.
Requirements for a valid will
Generally, a will in Australia must be:
- In writing
- Signed by the will-maker (or by someone at their direction and in their presence)
- Signed in the presence of two adult witnesses who are both present at the same time
- Signed by those witnesses in the presence of the will-maker
- Made by someone with testamentary capacity — they understand what they are signing
What happens if you die without a will?
If you die without a will ("intestate"), your estate is distributed according to a fixed formula in your state's legislation. That formula may not reflect your wishes — for example, it may not provide for a de facto partner's children, close friends or charities, and the court may need to appoint an administrator.
Common will mistakes
- Having a beneficiary (or their partner) act as a witness — this can put their gift at risk
- Not updating the will after marriage, separation or divorce — these events can revoke all or part of a will in most states
- Forgetting that superannuation and jointly owned property usually don't pass under a will
- Not appointing a guardian for young children
- Vague wording that leads to disputes
Why use a lawyer?
A lawyer can identify risks such as family provision claims, blended-family issues, overseas assets and trust or company structures. With Ask My Lawyer, you complete a short questionnaire, meet a verified lawyer by video, and receive a lawyer-approved will with signing and witnessing instructions for your state.
Talk it through with a verified lawyer
Answer a few questions, pick a time, and meet an Australian lawyer by video.
Start your willFrequently asked questions
Can I write my own will in Australia?
You can, but DIY wills are a common source of disputes and invalid gifts. A lawyer-prepared will reduces that risk.
How often should I update my will?
Review it every few years and after any major life event such as marriage, separation, divorce, a new child or buying property.
Does my will cover my super?
Usually not automatically. Superannuation is paid according to the fund's rules and any binding death benefit nomination, so it should be considered alongside your will.
This article is general information only and is not legal advice. Laws vary between states and territories and change over time — speak with a lawyer about your circumstances.