How to Make a Valid Will in Australia

Who Can Make a Will?

To make a valid will in Australia you must:

1. Be 18 years or older (exceptions in some states for married persons under 18)
2. Have testamentary capacity — understand what a will is, the nature and extent of your property, and who might reasonably expect to benefit

Requirements for a Valid Will

A will must be:

1. In writing (typed or handwritten)
2. Signed by you at the end
3. Witnessed by two people present at the same time when you sign

Witness Rules

Both witnesses must:

• Be present when you sign
• Sign the will in your presence
• Be 18 or older (most states)
• Not be a beneficiary — if a witness is also a beneficiary, they risk losing their entitlement

What to Include

• Revocation clause (revokes all previous wills)
• Appointment of executor(s)
• Specific gifts to named beneficiaries
• Residuary estate clause (everything not specifically gifted)
• Guardianship of minor children
• Substitute beneficiaries (if a beneficiary dies before you)

Marriage and Divorce

• Marriage revokes a previous will (unless made in contemplation of that marriage)
• Divorce does not revoke the will, but typically revokes gifts to a former spouse and their appointment as executor

Updating Your Will

• New will (recommended): explicitly revoke all previous wills
• Codicil: minor written amendment, same signing/witnessing formality required

Key Points

• Two independent witnesses who are not beneficiaries
• Marriage revokes a previous will — update after major life events
• A new will is cleaner than a codicil for anything more than minor changes
• Tell your executor where the will is stored