Making a Will
The kindest thing you can do for the people you love.
A will is not morbid. It is a love letter to your family wrapped in legal paper. Without one, a court decides everything — and it rarely matches what you would have wanted.
DIY vs solicitor
- DIY will kit — the cheapest option, and fine for a simple estate. The risk is a mistake that makes the will invalid, which nobody finds out about until it matters.
- Online will services — you answer questions and the document is built for you. Some are free, others charge a one-off fee. Some include a lawyer's review; check whether the one you're using does.
- A solicitor — costs more, and is worth it when the estate isn't simple: a blended family, a business, a trust, or property in more than one state, or overseas.
- Public Trustee — each state and territory has one, and many will write a will for you. Some do it free, some charge a fee, and who's eligible differs; check your own state or territory's page. They usually require being appointed as executor.
NSW Trustee & Guardian
State Trustees Victoria
Public Trustee Queensland
Public Trustee WA
Public Trustee SA
Public Trustee TAS
ACT Public Trustee and Guardian
NT Public Trustee
What to include
- Executor — who manages the estate (choose carefully, it is real work)
- Guardian for minor children
- Specific gifts (the watch to Jamie, the painting to Mum)
- Residuary estate — everything else, and who gets what percentage
- Funeral wishes (not legally binding but helps the family)
- Charitable bequests if any
Witnessing rules
You need two adult witnesses (18+) who are both present at the same time, watching you sign the will. You do NOT need a Justice of the Peace or a solicitor — any two adults can witness, as long as they meet the rules below.
- Both witnesses must be present together when you sign
- Both witnesses then sign in your presence
- Witnesses should NOT be beneficiaries of the will. In most states, if a witness is also a beneficiary, their gift is void. Victoria is an exception — witness-beneficiary gifts may still be valid there, but it is best avoided everywhere.
- Witnesses should not be the spouse or partner of a beneficiary
- The will-maker must have mental capacity and be signing voluntarily
Common mistakes that invalidate wills
- Not signed or witnessed properly
- A beneficiary acting as a witness (void gift in most states)
- Made while lacking mental capacity
- Not revoking a previous will explicitly
- Marriage revokes a will in all Australian states and territories — unless the will was made "in contemplation of that marriage." If you marry, make a new will.
- Divorce does not revoke the entire will, but in most states it removes the ex-spouse as beneficiary and executor. Tasmania is an exception — in TAS, divorce does NOT automatically affect the will at all. Check with a solicitor.
Where to store it
NOT just in a drawer. Options: with your solicitor, the Public Trustee, a bank safe deposit box, or a fireproof safe at home. Tell your executor where it is.
Save the location in your Vault
Open in the app
Law Society of NSW — find a solicitor
When to update
- After marriage (old will is revoked)
- After divorce
- After the birth or adoption of a child
- After buying or selling property
- After a major change in assets or circumstances
- If your executor or guardian dies or becomes unsuitable
- Every 3-5 years as a general check
Choosing your executor
Who has to carry it out, and what you're asking of them.
See all 15 guides in Planning ahead →
From bluetulipco.com/library/planning/making-a-will — printed 1 October 2026.
General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.
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