How to Make a Will in Australia

Author: Abbey John
Reviewed by: Abbey John, Principal Lawyer
Published: 20 August 2026
Jurisdiction: General Australian information — state and territory laws differ.

Making a Will is an important part of planning for what happens to your estate after your death. A Will allows you to set out your wishes about who you would like to benefit from your estate and who you would like to appoint to help administer it.

Your circumstances may be straightforward or more complex. You may have a partner, children, other family members, dependants, significant assets, business interests or particular charitable wishes you want to consider.

The requirements for making a valid Will can differ between Australian states and territories. It is therefore important to ensure that your Will is prepared and executed in accordance with the law that applies to your circumstances.

Why Make a Will?

A Will allows you to record your wishes about the distribution of assets that form part of your estate.

Depending on your circumstances, you may use your Will to:

• Name beneficiaries
• Appoint an executor
• Leave specific gifts
• Provide for family members or other people
• Make charitable gifts
• Set out how the residue of your estate should be distributed
• Include provisions that reflect your broader estate-planning objectives

Without a valid Will, your estate may be distributed under the intestacy laws applying in your state or territory.

1. Consider Who You Want to Benefit

Start by thinking about the people and organisations you would like to benefit from your estate.

These may include:

• Your spouse or partner
• Children
• Parents
• Siblings
• Nieces and nephews
• Other relatives
• Friends
• Charities or community organisations

You may wish to leave equal shares or make different provisions depending on your circumstances and wishes.

If you do not have children, you may have particular decisions to make about how your estate should ultimately pass between your partner, family members, friends or charitable organisations.

For more information, see our resource on Estate Planning Without Children: Wills, Beneficiaries and Other Considerations.

2. Think About Specific Gifts

You may want particular assets or possessions to go to specific people.

These could include:

• Jewellery
• Family heirlooms
• Artwork
• Vehicles
• Collectibles
• Sentimental possessions
• Cash gifts

Consider what should happen if the person you intended to receive a gift dies before you.

Your Will should clearly express your wishes so that the executor can understand how you intended the gift to be dealt with.

3. Choose an Executor

An executor is responsible for administering your estate after your death.

Depending on the circumstances, the executor may need to:

• Locate and prove the Will
• Identify estate assets and liabilities
• Deal with relevant organisations
• Pay debts and expenses
• Apply for probate where required
• Distribute the estate according to the Will
• Keep appropriate records

You should choose someone you trust and who is capable of carrying out these responsibilities.

You may also wish to nominate an alternative executor in case your first choice is unable or unwilling to act.

4. Consider What Happens If a Beneficiary Dies Before You

It is important to think about what should happen if one of your beneficiaries dies before you.

For example, you may want their share to pass to their children, another beneficiary or another person or organisation you nominate.

Including appropriate provisions in your Will can help provide greater clarity about your intentions.

5. Consider Your Family and Personal Circumstances

Your Will should reflect your individual circumstances.

Consider whether there are people who:

• Depend on you financially
• Have particular needs
• You have a close relationship with
• You wish to provide for
• May have an interest in your estate

You should also consider whether there are circumstances that could create a potential claim against your estate.

The laws relating to estate claims differ between Australian states and territories, so appropriate legal advice can help you understand how the rules may apply to you.

6. Consider Your Assets and Ownership Structures

Not everything you own will necessarily be dealt with through your Will in the same way.

Depending on how assets are owned or structured, some may be subject to separate arrangements.

These may include:

• Jointly owned property
• Superannuation
• Life insurance
• Trust interests
• Business interests
• Other assets with separate beneficiary or ownership arrangements

Your Will should therefore be considered as part of your broader estate plan.

7. Consider Your Broader Estate Plan

Making a Will is only one part of estate planning.

Depending on your circumstances, you may also need to consider:

• Powers of attorney
• Testamentary trusts
• Superannuation beneficiary nominations
• Life insurance
• Business succession
• Letters of wishes
• Other arrangements relevant to your personal and financial circumstances

Reviewing these arrangements together can help ensure they work consistently with your overall estate-planning objectives.

8. Sign Your Will Correctly

A Will generally needs to satisfy specific legal requirements to be valid.

These requirements can vary between Australian states and territories and may include requirements concerning signing and witnessing.

Simply writing down your wishes does not necessarily create a valid Will.

Obtaining legal assistance can help ensure that your Will is prepared and executed in accordance with the applicable requirements.

9. Keep Your Will Safe

Once your Will has been properly signed, it should be stored somewhere secure where it can be located when required.

It is also important that your executor or another trusted person knows where the original Will is kept.

If your Will is replaced or updated, care should be taken to ensure that the most recent valid document can be identified.

10. Review Your Will When Circumstances Change

A Will should not necessarily be treated as a one-time document.

You should consider reviewing it after significant changes such as:

• Marriage
• Separation or divorce
• Birth or death of a family member
• Death of a beneficiary
• Buying or selling significant assets
• Changes to your financial circumstances
• Changes to your intended beneficiaries
• Moving to another state or territory
• Changes to your broader estate plan

Regular reviews can help ensure that your Will continues to reflect your wishes.

What Happens If You Die Without a Will?

If you die without a valid Will, your estate may be distributed under the intestacy laws that apply in the relevant Australian state or territory.

This means the people who receive your estate may be determined by legislation rather than your personal wishes.

The outcome can depend on your family circumstances, including whether you have a spouse, partner, children or other relatives.

Making a valid Will gives you an opportunity to express your wishes rather than leaving distribution entirely to the applicable intestacy rules.

Making a Will With Estates Now

A Will can provide clear instructions about how you want your estate to be dealt with and can form an important part of your broader estate plan.

Estates Now can help you understand your Will and estate-planning options and consider arrangements that may be appropriate for your circumstances.

Contact Estates Now to discuss making or reviewing your Will and understand your next steps.

This article provides general information only and is not a substitute for legal advice. Will requirements, witnessing rules and intestacy laws can differ between Australian states and territories.