⚖️ Fundamentals

What is a Will?

A Will (formally, a Last Will and Testament) is a legal document that sets out your wishes for how your estate — your property, money, and possessions — should be distributed after your death. It also names who you trust to carry out those wishes (your Executor), and can appoint guardians for any children under 18.

⚠️ Without a valid Will, you die "intestate" Your estate is distributed according to your state or territory's intestacy laws — which may not reflect your wishes. The courts decide who receives your assets and who cares for your children. Making a Will is one of the most important things you can do for your family.
📋

What a Will can do

Name beneficiaries, appoint an executor, leave specific gifts, nominate guardians for children, establish a testamentary trust, and express funeral wishes.

🚫

What a Will cannot do

Override jointly-held property (it passes automatically to the survivor), control superannuation (requires a binding death nomination), or override life insurance nominations.

🔄

Revoking a Will

Marriage automatically revokes a previous Will in Australia (unless the Will was made in contemplation of that marriage). Divorce revokes gifts to a former spouse. A new Will revokes the previous one.

🏦

Superannuation

Super does not automatically form part of your estate. Lodge a Binding Death Benefit Nomination (BDBN) directly with your super fund — separately to your Will.

🧙 The Wizard

How the Will Wizard Works

The wizard guides you through six steps to collect everything needed for a complete, properly structured Will. It generates a formatted Word document (.docx) you can print, sign, and store.

  1. Step 1 — Testator Details
    Your full legal name, date of birth, address, any aliases or former names, and current marital status. Use the exact name on your birth certificate or passport.
  2. Step 2 — Executor(s)
    Nominate the person responsible for carrying out your Will. We recommend also appointing a substitute executor in case your first choice is unable to act. You can also customise executor powers (sell property, invest funds, carry on business, etc.).
  3. Step 3 — Guardians for Minor Children
    If you have children under 18, nominate who would care for them if both parents were deceased. A substitute guardian can also be named.
  4. Step 4 — Beneficiaries
    Add each person or organisation who receives a share of your residual estate (what's left after debts and specific gifts). You can also leave named specific gifts — a vehicle, item of jewellery, sum of money — to individual people.
  5. Step 5 — Estate & Final Wishes
    Funeral preferences, debt instructions, provision for pets, digital assets, a testamentary trust for minor beneficiaries, and any other instructions you want included.
  6. Step 6 — Review & Download
    Review a summary of all your entries, then download your formatted Will as a Word document (.docx). Print it, sign it with two witnesses, and store it safely.
✅ What you'll need before you start Full legal names and addresses of your executor, substitute executor, guardian (if applicable), and all beneficiaries. Having this information ready makes the process fast — most people complete it in under 15 minutes.
👫 Couples

Couples Wills

The wizard offers a Couples mode that allows two partners to create their Wills together in a single session. It generates two completely separate, independent legal documents — one for each partner.

ℹ️ Mirror Wills — the most common approach Most couples create "mirror" Wills, where each partner leaves their entire estate to the other first. If the first partner dies, the survivor inherits everything. If both partners die (or the survivor dies without updating their Will), the estate passes to the nominated secondary beneficiaries — typically children or other family members in equal shares.

How Couples mode works

  1. Select "Couples Wills" on the opening screen
    Partner tabs appear at the top — colour coded for easy identification throughout the session.
  2. Complete Partner 1's details (all 5 steps)
    Enter all details for the first partner. At Step 5, you'll be prompted to switch to Partner 2 before reviewing.
  3. Use mirror shortcuts for Partner 2
    Each step for Partner 2 includes a "Copy from Partner 1" option — address, guardians, beneficiary structure, and estate wishes can all be mirrored with a single click, then edited as needed.
  4. Review and download both
    The review screen shows a side-by-side summary. Download each Will individually, or use "Download Both" to get both files at once. Each file is named after the respective testator.
⚠️ Important: Partners cannot witness each other's Wills if they are beneficiaries In Australia, a beneficiary (or the spouse/de facto of a beneficiary) who witnesses a Will may lose their entitlement under that Will. In a mirror Will where each partner is the other's primary beneficiary, each partner should use two independent witnesses — not each other. The documents can be signed on the same day with the same two independent witnesses, one Will at a time.
ℹ️ Mutual Wills vs Mirror Wills Mirror Wills are two separate documents that happen to reflect each other. Mutual Wills are a legally binding agreement that neither party will change their Will without the other's consent — these require a solicitor. If you need a mutual Will arrangement (common in blended families), consult a solicitor rather than using this tool.
✍️ Execution

How to Sign Your Will Correctly

Signing a Will incorrectly is one of the most common reasons a Will is declared invalid. Follow these rules carefully — they apply in all Australian states and territories.

  1. Print your Will
    Print all pages of your Will. Do not alter the document after printing — any handwritten changes must be formally witnessed or the alteration may not be valid.
  2. Choose two eligible witnesses
    Witnesses must be: (a) at least 18 years old, (b) of sound mind, and (c) NOT a beneficiary under the Will, nor the spouse or de facto partner of any beneficiary. Using an ineligible witness can void their gift — or in some states, invalidate the entire Will.
  3. All three people must be present together
    You (the testator) and both witnesses must be in the same place at the same time. There are no exceptions to this requirement.
  4. You sign first, in the presence of both witnesses
    Sign your full usual signature on the signature page. If there are multiple pages, you should also initial each page (not legally required in all states but strongly recommended).
  5. Both witnesses sign, in your presence and each other's
    Each witness signs their full name and writes their address. This must happen after you have signed, and while everyone is still present together.
  6. Store the original safely
    Keep the signed original in a fireproof safe, with your solicitor, or lodged with your state Supreme Court (available in most states for a small fee). Tell your executor exactly where it is. Only the original signed Will is legally valid — photocopies are not.
🚫 Never do these things with your Will
  • ❌ Do not use staples, paper clips, or pins that leave holes — these suggest pages may have been removed or replaced.
  • ❌ Do not write on, correct, or alter the Will after signing without proper witnessing.
  • ❌ Do not sign pages in advance before your witnesses arrive.
  • ❌ Do not use liquid paper or correction fluid.
  • ❌ Do not let beneficiaries or their spouses act as witnesses.
  • ❌ Do not sign photocopies — only the original bears legal force.
🗺️ Jurisdictions

State & Territory Variations

The core requirements for a valid Will are similar across Australia, but each state and territory has its own legislation. The table below summarises key points — always check current legislation for your jurisdiction.

State / Territory Governing Act Key Notes
QLD Succession Act 1981 Can apply to Supreme Court to dispense with execution requirements in limited circumstances. Testamentary freedom is broad but family provision claims are common. QLD
NSW Succession Act 2006 Court has power to admit informal Wills. Family provision orders under Chapter 3 are regularly made. Spouse includes de facto partners. NSW
VIC Wills Act 1997 Courts can validate improperly executed Wills if the document clearly reflects the deceased's intentions. VIC
WA Wills Act 1970 Court can validate informal documents. Family provision under Inheritance (Family and Dependants Provision) Act 1972. WA
SA Wills Act 1936 Court has discretion to dispense with execution requirements. Spouses, children, and dependants may all make family provision claims. SA
TAS Wills Act 2008 Similar provisions to other states. Court may admit informal Wills. TAS
ACT Wills Act 1968 Follows similar structure to other mainland jurisdictions. Family provision under the Family Provision Act 1969. ACT
NT Wills Act 2000 Court may validate informal Wills. Intestacy rules under Administration and Probate Act 1969. NT
⚠️ Family provision claims In every Australian state and territory, certain people — including spouses, children, and dependants — can apply to a court for a larger share of your estate even if you leave them nothing (or less than the court considers adequate). This is called a family provision claim. It cannot be prevented by your Will alone. If you are deliberately leaving someone out, seek legal advice.
👨‍⚖️ Professional Advice

When You Should See a Solicitor

This wizard is suitable for straightforward estates. The following situations involve complexity that warrants professional legal advice.

  • ⚠️ Blended families — step-children, children from previous relationships, multiple spouses or de facto partners
  • ⚠️ Business ownership — partnership interests, company shares, self-managed super funds, trust interests
  • ⚠️ Significant assets — large or complex estates, investment portfolios, multiple properties
  • ⚠️ International assets — property or assets in another country may require a separate Will in that jurisdiction
  • ⚠️ Testamentary trusts for complex situations — tax-effective trusts, special disability trusts
  • ⚠️ Deliberately excluding a family member — family provision claims are common; a solicitor can advise on reducing risk
  • ⚠️ Mental capacity concerns — if there is any question about the testator's capacity, a solicitor can formally assess and document it
  • ⚠️ Mutual Wills — legally binding agreements between partners not to change their Wills
  • ⚠️ Challenging an existing Will — if you believe a Will is invalid or you have been unfairly treated
✅ Even for simple estates — a review is worthwhile A solicitor review of a Will generated by this tool typically costs $150–$400. For the certainty it provides, this is money well spent. Many community legal centres also offer free or low-cost Will advice.
❓ FAQ

Frequently Asked Questions

Does this Will work in all Australian states? +
The Will generated by this wizard is drafted to comply with common requirements across all Australian states and territories. It includes the core elements required everywhere: revocation of prior Wills, appointment of executor, beneficiary provisions, and a proper execution block. However, laws vary — particularly around family provision — and having the Will reviewed by a local solicitor is always recommended.
Is the document I download legally valid? +
The downloaded Word document is a Will template based on your inputs. It becomes legally valid only once it is printed, signed by you in the presence of two eligible witnesses, and those witnesses also sign in your presence and each other's presence. A document that has not been correctly executed is not a valid Will.
Can I use this if I have a mortgage or debt? +
Yes. The Will instructs your executor to pay all debts and expenses before distributing your estate — this is standard. Your estate will include whatever equity you have in mortgaged property. Note that if property is held jointly (e.g., with a spouse), it typically passes to the surviving owner automatically regardless of your Will.
What happens to my superannuation? +
Superannuation is generally not part of your estate and is not governed by your Will. The trustee of your super fund has discretion over who receives your benefit unless you have lodged a valid Binding Death Benefit Nomination (BDBN) with your fund. Contact your super fund directly to update your nomination — this is separate to making a Will.
What if I change my mind after signing? +
You can revoke and replace your Will at any time while you have legal capacity. Simply make a new Will, which automatically revokes any prior Will. You can also make a formal amendment (called a codicil) to an existing Will — but for significant changes, making a new Will entirely is cleaner and avoids confusion.
My partner and I did our Wills together — can we witness each other's? +
Generally no — if each partner is a beneficiary in the other's Will (which is the case in a standard mirror Will), they cannot witness the other's Will without risking the loss of their bequest. Use two independent witnesses for each Will — neighbours, friends, or work colleagues who receive nothing under either Will. Both Wills can be signed on the same day.
What is a testamentary trust and do I need one? +
A testamentary trust is a trust established by your Will that comes into effect when you die. It can be useful for protecting assets for minor beneficiaries (so they don't receive a large sum at 18), for tax planning, or for protecting assets from potential claims by beneficiaries' creditors or former spouses. For straightforward situations, a direct gift is fine. For significant estates or minor beneficiaries, a solicitor can advise whether a testamentary trust makes sense.
Where should I store my Will once signed? +
Options include: a fireproof safe at home, with your solicitor (most solicitors offer free Will storage for clients), or lodged with your state Supreme Court. Some states charge a small fee for court storage. The most important thing is that your executor knows exactly where the original is — a Will that cannot be found may be treated as if it doesn't exist.
Does this tool store my data? +
No. The Will Wizard runs entirely in your browser. No data is sent to any server. All information you enter exists only in your browser session and is gone when you close the tab. We never see, store, or transmit your personal details.
§ Legal Disclaimer

Disclaimer & Limitations

Important Legal Notice

The Australian Will Wizard and this guide are provided for general informational and educational purposes only. They do not constitute legal advice, and no solicitor-client relationship is created by using these tools.

The Will document generated by this tool is a template based on the information you enter. Its suitability for your specific circumstances cannot be guaranteed. The law in each Australian state and territory differs, and individual circumstances — including family composition, asset type, tax position, and relationships — can significantly affect the validity and effectiveness of a Will.

We make no warranty, express or implied, that the document generated will be legally valid, enforceable, or appropriate for your needs. We strongly recommend having any Will generated by this tool reviewed by a qualified Australian solicitor before signing.

This tool does not provide advice on superannuation, life insurance, enduring powers of attorney, advance health directives, or estate planning strategy. These matters should be addressed with appropriate professional advisers.

By using this tool you acknowledge that you have read this disclaimer and that you are using the tool at your own risk.