How to Write a Simple Will in Australia (What’s Legally Required)

Writing your first will can feel overwhelming, but creating a simple will  Australia doesn’t have to be complicated or expensive. Many Australians delay this crucial task, yet having a valid will ensures your assets go to the people you choose and reduces stress for your loved ones during an already difficult time.

This comprehensive guide explains the legal requirements for each Australian state and territory, walks you through the essential steps, and provides practical templates you can use today. Whether you’re considering a DIY approach or professional assistance, understanding the fundamentals will help you make informed decisions about protecting your estate.

By the end of this guide, you’ll have a clear roadmap for creating a legally valid will that meets your needs and complies with Australian law.

What Is a “Simple Will” and When Is It Appropriate?

A simple will suits straightforward situations where you want to distribute your assets without complex arrangements. This type of will typically involves a single executor, a few beneficiaries, and clear instructions for distributing assets like your home, bank accounts, and personal possessions.

Simple wills work best when you have:

• A straightforward estate with easily identified assets
• Clear beneficiary relationships (spouse, children, close family)
• No complex business interests or trusts
• Minimal tax planning requirements

Consider this example: John, a retired teacher from Brisbane, owns his family home, two bank accounts totalling $80,000, and a car. He wants everything to go to his wife Sarah, and if she passes away first, to be divided equally between their two adult children. This situation is ideal for a simple will.

Use a Simple Will If:

• Your assets are straightforward and easily valued
• You have clear, uncontested beneficiaries
• You don’t need complex tax strategies

However, you should consult a solicitor if you have blended family situations, substantial assets requiring tax planning, business partnerships, or wish to exclude family members who might contest your will. Professional advice becomes essential when your estate involves multiple properties, significant investments, or complex family dynamics that could lead to disputes.

Formal Requirements for a Simple Will Australia — State-by-State Legal Essentials

Understanding your state’s specific requirements ensures your will is legally valid and enforceable. While Australian states share common principles, subtle differences in execution and witnessing requirements can affect your will’s validity.

Universal Requirements Across Australia:

• Must be in writing (handwritten or typed)
• Signed by the testator (will-maker)
• Witnessed by two independent adults
• Testator must have testamentary capacity (sound mind and understanding)

State-Specific Requirements:

1. New South Wales: Requires the testator’s signature and two witness signatures on the same document. Witnesses cannot be beneficiaries or their spouses. Electronic wills are not yet recognised, though recent legislation may change this.

2. Victoria: Similar requirements to NSW, but has introduced provisions for remote witnessing in certain circumstances. Legal Aid Victoria provides detailed guidance on execution requirements, including video witnessing options introduced during COVID-19.

3. Queensland: Follows traditional requirements with two adult witnesses present during signing. The Queensland Public Trustee emphasises that witnesses must see the testator sign and then sign themselves in the testator’s presence.

4. Western Australia: Requires strict compliance with witnessing formalities. Legal Aid WA notes that informal documents may be recognised in exceptional circumstances, but proper execution is always preferable.

5. South Australia: The SA Law Handbook specifies that witnesses must be present together when the testator signs, and both witnesses must sign in the testator’s presence.

Critical Execution Rules:

• Witnesses cannot benefit from the will or be married to beneficiaries
• All parties must be present during the signing process
• Use blue or black ink for handwritten wills
• Each page should be initialled by the testator

For current, detailed requirements specific to your state, always consult official sources like Service NSW, Legal Aid Victoria, or your state’s Public Trustee office.

Step-by-Step: How to Write a Simple Will

Creating your will involves several key decisions and careful attention to legal formalities. Follow these steps to ensure your will accurately reflects your wishes and meets legal requirements.

Step 1: Choose Your Executor: Your executor manages your estate after death, so choose someone trustworthy and organised. Consider appointing a backup executor in case your first choice cannot serve. Executors can be family members, friends, or professional services like the Public Trustee.

Step 2: List Your Assets and Debts: Create a comprehensive inventory including:

• Real estate (family home, investment properties)
• Bank accounts and term deposits
• Superannuation and life insurance
• Personal possessions of significant value
• Outstanding debts and liabilities

Step 3: Identify Your Beneficiaries: Decide who receives what from your estate. Be specific about relationships and include full names to avoid confusion. Consider what happens if a beneficiary dies before you.

Step 4: Make Specific Gifts: Detail any specific items you want particular people to receive, such as jewellery, artwork, or sentimental possessions. Be as precise as possible to prevent disputes.

Simple Will Template Structure

“This is the last will and testament of [Full name], of [Address].

1. Revocation: I revoke all former wills and testamentary dispositions made by me.
2. Executor: I appoint [Full name and address] as executor of this will. If they cannot act, I appoint [Backup executor name and address].
3. Specific Gifts: I give to [Beneficiary name] my [Specific item/amount].
4. Residuary Estate: I give the rest of my estate to [Beneficiary details] in equal shares.
5. Guardian: If I have children under 18, I appoint [Guardian name] as their guardian.

Signed: [Testator signature] Date: [Date]

Witnesses: We witnessed the testator sign this will in our presence, then signed in the testator’s presence: Witness 1: [Name, address, signature, date] Witness 2: [Name, address, signature, date]”

How to Sign and Witness Correctly

Execution Checklist:

• Gather your two witnesses (adults who don’t benefit from your will)
• All three people must be physically present together
• Sign your will first while witnesses watch
• Witnesses then sign immediately in your presence
• Each person should initial every page
• Use the same pen throughout the process
• Ensure signatures are legible and dated

Common Execution Errors:

• Witnesses signing before the testator
• Using beneficiaries as witnesses
• Not having all parties present simultaneously
• Forgetting to date signatures
• Using different pens or signing on different days

Common Mistakes and How to Avoid Them

Many Australian wills become invalid or cause family disputes due to preventable errors. Understanding these pitfalls helps ensure your will serves its intended purpose and reduces the risk of costly legal challenges.

1. Incorrect Witnessing Procedures: The most frequent error involves improper witnessing. Both witnesses must be present when you sign, then immediately sign themselves while you watch. Never use beneficiaries, their spouses, or minors as witnesses.

2. Unclear Asset Descriptions: Vague language like “my money” or “valuable possessions” creates confusion. Instead, specify “my Commonwealth Bank savings account ending in 1234” or “my grandmother’s diamond engagement ring.”

3. Forgetting to Revoke Previous Wills: Include a clear revocation clause stating this will cancels all previous wills. Multiple valid wills can create conflicts and delay estate administration.

4. No Backup Executor or Beneficiaries: What happens if your executor dies first, or a beneficiary passes away before you? Include alternative appointments and contingent beneficiaries to prevent intestacy issues.

5. Inadequate Mental Capacity Evidence: Ensure you’re mentally capable when signing. If you have health concerns, consider having your doctor witness your mental capacity at the time of signing.

Case Example: Margaret’s family faced a costly legal battle when her will was challenged because one witness was her daughter-in-law, who inherited under the will. The Supreme Court declared the gift to her son invalid, causing significant family distress and legal expenses that could have been avoided with proper witnessing.

6. Relying on Verbal Promises: Never assume verbal agreements will be honoured. Everything important must be written in your will or formal legal documents.

7. DIY Complex Situations: Simple will templates work for straightforward estates, but complex family situations, significant assets, or tax planning needs require professional legal advice.

8. Poor Storage and Communication: Keep your will in a safe place and ensure your executor knows its location. Consider storing it with the Public Trustee, your solicitor, or a secure home safe.

Free vs Paid Will Options — Choosing the Right Approach for Your Situation

Understanding your options helps balance cost considerations with the complexity of your estate and the importance of getting it right. Each approach has distinct advantages and limitations to consider.

1. Free DIY Templates: Basic will templates are available from government agencies, legal aid organisations, and law societies. These work well for simple estates with straightforward beneficiary arrangements and minimal assets.

Advantages:

• No upfront cost
• Immediate availability
• Suitable for basic estates
• Good starting point for understanding requirements

Limitations:

• Generic language may not suit specific situations
• No legal advice included
• Higher risk of errors or omissions
• No ongoing support or updates

2. Online Will Services ($100-$300): Several Australian companies offer guided online will creation with more sophisticated questioning and legal review. These services bridge the gap between free templates and full legal advice.

When to Use Free Options:

• Your estate is straightforward with clear beneficiaries
• You own minimal assets (one property, basic accounts)
• No complex family situations or potential disputes
• You understand legal requirements in your state

When to Invest in Professional Help:

• Blended families with children from previous relationships
• Significant assets requiring tax planning
• Business ownership or partnerships
• Previous family disputes or potential challenges
• Disabled beneficiaries requiring ongoing support
• International assets or beneficiaries

3. Professional Will Drafting ($300-$800): Solicitors experienced in estate planning provide comprehensive advice, ensure legal compliance, and can handle complex family situations. While more expensive upfront, professional wills often prevent costly disputes later.

The investment becomes worthwhile when your estate exceeds $500,000, involves multiple properties, or includes complex family dynamics that could lead to challenges.

Simple Will Checklist — Take Action Today

Use this practical checklist to create your will systematically and ensure nothing important is overlooked. Each step builds on the previous one, creating a comprehensive estate plan.

Preparation Phase:

•  List all assets (property, bank accounts, investments, personal items)
• Calculate the approximate estate value
•  Identify debts and liabilities
• Choose your executor (and backup executor)
• Decide on beneficiaries for specific gifts and the residuary estate
• Consider guardianship arrangements for minor children

Documentation Phase:

• Download the appropriate template or engage professional services
• Draft your will using clear, specific language
• Include a revocation clause for previous wills
• Specify funeral and burial preferences if desired
• Review for completeness and accuracy

Execution Phase:

• Arrange two suitable witnesses (not beneficiaries)
• Sign your will in their presence
• Have witnesses sign immediately in your presence
• Initial each page of the document
• Date all signatures clearly

Storage and Communication:

• Store the original will in a secure location
• Consider Public Trustee storage services
• Inform the executor of the will’s location
• Keep a copy in a separate, secure location
• Register will with the state registry if available

Ongoing Maintenance:

• Review will occur after major life events (marriage, divorce, births)
• Update beneficiary details if circumstances change
• Ensure the executor remains willing and able to serve
• Schedule regular reviews (every 3-5 years)

Safe Storage Options in Australia:

• State Public Trustee offices (fees vary by state)
• Bank safe deposit boxes
• Solicitor’s secure storage
• Home safe (fireproof and waterproof)
• Supreme Court registry (some states)

Important Reminders: Keep your will accessible to your executor but secure from tampering or loss. Many family disputes arise when wills cannot be located after death, or when multiple versions create confusion about your final wishes.

FAQs

Do I need a lawyer to make a valid will?

No, Australian law doesn’t require professional legal assistance for simple wills. However, solicitor involvement significantly reduces the risk of errors and ensures compliance with state requirements. Consider professional help if your estate exceeds $500,000 or involves complex family situations.

Can I make my will online legally?

Yes, online wills are legally valid provided they meet your state’s execution requirements. The key is proper witnessing and signing procedures, regardless of how the will was initially prepared.

What’s the minimum age to make a will in Australia?

You must be at least 18 years old in all Australian jurisdictions. Younger people can only make wills in exceptional circumstances, such as marriage or military service.

Can I change my will after it’s signed?

Yes, you can update your will at any time by creating a new will (which should revoke previous versions) or adding a codicil (amendment). Major life changes like marriage, divorce, or births typically require will updates.

What happens if I can’t physically sign my will?

If you cannot sign due to physical disability, someone else can sign on your behalf in your presence and at your direction, provided this is done before appropriate witnesses and meets your state’s requirements.

What occurs if I die without a valid will?

Dying intestate means your estate is distributed according to state intestacy laws, which may not reflect your wishes. Assets typically go to spouse and children in prescribed proportions, potentially excluding people you wanted to benefit.

Create Your Simple Will Australia Today

Writing a simple will Australia requires careful attention to legal formalities, but the process doesn’t need to be overwhelming. By understanding your state’s requirements, avoiding common mistakes, and following systematic preparation steps, you can create a valid will that protects your loved ones and ensures your wishes are respected.

Remember to check your state’s specific witnessing requirements, use clear language when describing assets and beneficiaries, and store your completed will securely. Whether you choose a free template or professional assistance depends on your estate’s complexity and your comfort level with legal requirements.

Take action today by downloading our printable simple will checklist and template, or contact your local community legal centre for initial guidance. Your family’s future security begins with this important step in estate planning.