How to Make a Will in Australia 2026: Complete Guide

Making a will in Australia is one of the most important legal steps you can take to protect your family and ensure your assets are distributed according to your wishes. Without a valid will, Australian law — not your family — decides what happens to your estate, which can lead to costly disputes and unintended outcomes.

Why Every Australian Needs a Will

More than half of Australians do not have a current will. This means that when they die, their estate is distributed according to the rules of intestacy — a rigid legal formula that may not reflect their actual wishes at all.

Consequences of dying without a will (intestate):

Your assets are distributed under your state’s intestacy laws, not your preferences
Your preferred executor cannot be appointed
Unmarried partners and stepchildren may receive nothing
The process is slower and more expensive for your loved ones
Guardianship of minor children is left to the courts to decide

A will also lets you nominate a guardian for your children, specify funeral wishes, leave gifts to charities, and set up testamentary trusts to protect vulnerable beneficiaries.

Types of Wills in Australia

Not all wills are the same. Understanding the options helps you choose the right approach for your situation.

Type	Best For	Cost Range
Solicitor-drafted will	Complex estates, blended families, business owners	$300–$1,500+
Online will service	Simple estates, single/couple, straightforward assets	$50–$250
Will kit	Budget-conscious, very simple situations	$20–$60
Testamentary trust will	Protecting assets for children or vulnerable beneficiaries	$1,000–$3,000+

For most Australians with a straightforward estate — home, superannuation, car, savings — an online will service or solicitor-drafted will offers the right balance of cost and protection. Will kits carry a higher risk of errors that could invalidate the document.

Legal Requirements for a Valid Will

Australian law requires wills to meet specific criteria to be legally binding. The requirements are similar across all states but have some minor variations.

To be valid, a will must:

Be in writing (handwritten or typed)
Be signed by the testator (will-maker) at the end of the document
Be witnessed by two adult witnesses who are both present when the testator signs
The witnesses must also sign the will in the presence of the testator
The testator must be 18 years or older (with limited exceptions for minors who are married or have court approval)
The testator must have testamentary capacity — that is, they must understand what a will is, what they own, who their family members are, and that they are making a will

Critical rules about witnesses:

Witnesses must not be beneficiaries under the will or spouses of beneficiaries — otherwise the gift to that witness may be void
Witnesses do not need to know the contents of the will
A solicitor or justice of the peace can act as a witness

Choosing an Executor: What You Need to Know

Your executor is the person responsible for carrying out the instructions in your will after you die. Choosing the right executor is one of the most important decisions in the will-making process.

Executor responsibilities include:

Applying for probate (court recognition of the will)
Collecting and valuing all assets
Paying outstanding debts, taxes, and expenses
Distributing assets to beneficiaries
Managing the estate if there are delays or disputes

Tips for choosing an executor:

Choose someone you trust completely who is organised and level-headed
Name a backup executor in case your first choice cannot act
You can appoint a professional executor (solicitor or trustee company) for complex estates
Always ask the person before naming them — it is a significant responsibility

An executor is entitled to be reimbursed for out-of-pocket expenses but is not automatically paid a fee unless the will specifies one or the court approves a commission.

Superannuation and Your Will

If you own property, your will should also account for real estate assets. See our guide on how to buy your first home in Australia in 2026 for how property ownership affects your estate planning needs. Tenants should also be aware of tenant rights in Australia when it comes to lease obligations after a death.

Superannuation does not automatically form part of your estate. This surprises many Australians and can result in super being paid to unintended recipients.

To control where your super goes, you need a binding death benefit nomination (BDBN) filed with your super fund. Without a valid BDBN, the fund’s trustee has discretion over who receives your super balance — and may not choose the person you intended.

Key superannuation points:

A BDBN must typically be renewed every three years unless it is a non-lapsing nomination
You can nominate a dependant (spouse, child, financial dependent) or your legal personal representative (estate)
If you nominate your estate, the super passes through your will and is distributed accordingly
Review your BDBN whenever your personal circumstances change

Updating and Storing Your Will

A will is not a set-and-forget document. Major life events should trigger a review and, in most cases, an update.

When to update your will:

Marriage or de facto relationship (in most states, marriage automatically revokes a prior will)
Divorce or separation
Birth of a child or grandchild
Death of a beneficiary or executor
Significant change in assets
Moving interstate or overseas

Where to store your will:

With your solicitor (most secure)
At the Supreme Court registry (for a small fee)
With your bank in a safe deposit box
In a fireproof safe at home — tell your executor where it is

Never store your will in a location that others cannot access after your death, and always tell your executor where the original document is kept.

Common Will-Making Mistakes to Avoid

Even small errors can create big problems. For disputes that arise from estate matters, understanding the small claims tribunal Australia 2026 guide may help beneficiaries resolve lower-value disagreements without expensive litigation. Here are the most frequent mistakes Australians make when writing their wills:

Not updating after marriage — in most states, marriage revokes a will made before the marriage
Using vague language — “I leave my jewellery to my daughters equally” can cause disputes without clear identification
Forgetting digital assets — passwords, cryptocurrency, and online accounts need to be addressed
Not accounting for superannuation — leaving super distribution to chance
Witnessing errors — having a beneficiary or their spouse witness the will
Not signing each page — while not legally required in all states, it reduces the risk of tampering allegations
Storing the will poorly — a lost will is treated as if none existed

Frequently Asked Questions

Q: How much does it cost to make a will in Australia?

A: Costs range from around $50 for an online will service to $300–$1,500+ for a solicitor-drafted will. Testamentary trust wills, which are more complex, can cost $1,000–$3,000 or more. For most Australians, a solicitor-drafted will costing $300–$600 provides good protection at a reasonable price.

Q: Does my will cover my superannuation?

A: Not automatically. Superannuation is held in trust and does not automatically form part of your estate. To direct your super, you need a valid binding death benefit nomination with your superannuation fund. Without one, the trustee decides who receives your super.

Q: Can I write my own will without a solicitor?

A: Yes, but it carries risks. Handwritten (holographic) wills are valid in Australia if properly signed, but they are more likely to contain errors that could invalidate the document or create ambiguity. An online will service offers a middle ground between cost and reliability.

Q: What happens to my will if I get married?

A: In most Australian states and territories, marriage automatically revokes any will made before the marriage unless the will was made in contemplation of that specific marriage. Always update your will after getting married.

Q: What is probate and does my executor need it?

A: Probate is a Supreme Court process that validates your will and gives your executor legal authority to administer the estate. Whether probate is required depends on the size and nature of the estate. Most financial institutions require probate before releasing significant assets.

Q: Who should I name as my executor?

A: Choose a trustworthy, organised adult — typically a family member, close friend, or solicitor. Name at least one backup executor. Always ask the person in advance, as the role involves significant time and responsibility. For complex estates, a professional trustee company is an option.

Q: Can I leave assets to charity in my will?

A: Absolutely. You can leave a specific gift (dollar amount or item), a percentage of your estate, or the residue of your estate to any registered charity. Many charities also offer free will-writing services in exchange for a bequest pledge.

Q: How do I make sure my will cannot be challenged?

A: While any will can potentially be challenged, you can reduce the risk by having your will professionally drafted, including a statement of reasons for any decisions that might surprise family members, ensuring you have testamentary capacity when signing, and using two independent witnesses. Consulting a solicitor is the best protection against successful challenges.