How to write a will
Leave your family with your affairs in order
What is a will?
Your ‘Last Will and Testament’ is an important legal document primarily used to detail how your property and estate assets are distributed when you pass away.1 While will writing services are available, you can always choose to prepare one yourself.
Who should write a will?
If you’re an Australian over the age of 18, you can make a will.1 Whether or not you choose to make a will is a personal decision and will depend on your own unique circumstances. If you have a will, you may want to consider updating it when your circumstances change (e.g. getting married, divorced, buying a house or having children).
It’s also worth considering updating your will if the executor of your will or beneficiary dies, or if your financial situation changes significantly.
Some of the benefits of writing a will can include:1
- Leaving your family members and loved ones with specific gifts of sentimental value
- Allowing you to provide a list of your assets and how you want them distributed
- Nominating a particular person to be the guardian of your dependent children
- While not legally binding, including funeral instructions in your will may help guide your loved ones.
- Deciding what to do with your online accounts, memberships, digital records and more.
It’s important to keep your will up to date and stored in a safe place.2 If you pass away and your will isn’t valid or accessible, intestacy rules will apply, and your assets will be distributed as per the law — which may not align with your wishes. Keeping your will up to date will help ensure your wishes are carried out and can help minimise complications and disputes.
What happens if I don’t have a will?
In Australia, intestacy rules will determine what happens with your assets if you die without a valid will (known as dying intestate).1 These rules can differ between the Australian states, but your next of kin will typically be responsible for your estate. This is why writing a will can be so important, as the law’s distribution of your assets might not match your wishes.
If your will only covers part of your estate, intestacy rules will also apply to the remaining estate.
How to write a will legally
There are two ways to write a will:1
- Write your own will. If you choose to write your own will, you can use online will templates or obtain a DIY will kit and fill out the required information. If your will doesn’t meet all the legal requirements of your state and territory, it may not be valid. In some instances, it may be appropriate for your will to be reviewed by a third party to ensure its validity.
- Have a solicitor or family lawyer draw one up for you. This option may be more straightforward and may offer peace of mind, particularly in more complex situations. The cost for will preparation varies depending on what your will maker charges and the complexity of your estate. Your state trustee may offer free or inexpensive will-making services. This option is typically better for more complex situations where you may need legal advice and guidance.
How do I validate a will I’ve written myself?
While it’s not mandatory to enlist the help of a solicitor to prepare your will, if you’re going to create your will alone, ensure that your will is:1
- Clearly handwritten or typed
- Signed at the bottom of each page including at the end of the will and attested with a date.
- Witnessed by two witnesses who are over 18 and not beneficiaries under the will.
As the above information is general in nature only, to ensure your will is valid or to find out more information, get in touch with the Public Trustee in your state or territory or discuss your will with a legal professional.
Do I need a lawyer to make a will?
The short answer is no.1 You can write your own will in Australia without the assistance of a lawyer. However, you should consider having a solicitor or Public Trustee review the will you wrote to ensure that it’s legally valid. While hiring a solicitor to write your will is the more expensive option, it may be easier and can provide peace of mind that your will is valid. This is especially true if your will is complex in any way. Whether hiring a lawyer to create a will is necessary will depend on your personal circumstances and preferences.
A checklist for will preparation
Before you write your will, ask yourself these important questions:
- How will my estate be distributed? Decide who gets what from your estate, including money from different accounts, your superannuation fund balance and any potential insurance benefits.
- How will my life insurance payout be managed? Keep proof of your life insurance policy in a location where your family can easily find it. If you do this, it should be relatively straightforward for them to contact your insurer claim on your life insurance policy once they have a death certificate.
- How can I ensure my instructions are followed? It might be worth considering having your will reviewed by a solicitor or Public Trustee to help ensure your instructions are clear and legally valid.
- In addition to my will, have I left clear, written instructions for my family? Aside from your will, ASIC recommends leaving clear instructions for your family to find the following important documents:2
-
- Pre-paid funeral arrangements
- Bank account details
- Birth certificate
- Home and contents insurance
- House deeds
- Deeds and insurance policies for any other real estate you own
- Investment documents (e.g. securities, share certificates, bonds)
- Life insurance policies
- Marriage certificate
- Medical insurance details
- Medicare card
- Pensioner concession card
- Superannuation documentation.
More information about wills
Who is the ‘executor’ of my will?
An executor is the appointed person entrusted by the deceased to carry out the instructions left in the will.1 The Public Trustee (the statutory authority in your state or territory) steps in if there’s no executor or the executor declines their duties.
What is an estate plan?
An estate plan is a comprehensive plan for your passing, which typically includes your will.2
In your estate plan, some common inclusions would be:
- Your will
- Your binding nominations (for superannuation benefits and potential insurance proceeds)
- Enduring Power of Attorney
- Medical and health directives, and more (you may need an estate lawyer’s help).
How much does it cost to write a will?
Everyone’s will is unique to them and the price of writing a will therefore varies from person to person.3 The cost of writing a will can depend on a variety of factors, including:
- The complexity of your will
- Number of heirs involved
- Whether you hire a solicitor
- Who you hire
- Whether the will is for a single person or a couple.
If you decide to hire a lawyer, they should provide a quote before preparing a will.3 Some people may be able to get their will written for free through a Public Trustee.2 Eligibility rules do vary from state to state.
How life insurance works with your will
Who gets my life insurance if I die?
Life insurance can be a key part of what you leave behind; however, it’s separate from your will. In the event of a successful claim, this product will pay a lump sum to your beneficiaries after your death.
Life insurance benefits are typically paid to the beneficiaries nominated by you rather than those nominated in your will. However, if you don’t have a nominated beneficiary on your life insurance policy, your payout will be included as part of your estate and divided as per your will or intestacy law.
Preparing your life insurance in advance
It’s natural to worry about your passing, especially if your family would struggle with bills, mortgage repayments or maintaining their current lifestyle. If you’re concerned that you won’t have enough to leave to your family when you pass away, a life insurance policy could help provide some peace of mind that your family could be protected financially if something happened to you. Generally, benefits paid under a life insurance policy are dealt with separately from your will.
If you’re considering writing or updating your will, it may be a good time to also consider whether a life insurance policy is right for you. You can use our life insurance comparison tool to help provide an estimate of how much cover to consider against your needs and situation.
Meet our life insurance expert, Steven Spicer
As the Executive General Manager of Health, Life and Energy, Steven Spicer is a strong believer in the benefits of private cover and knows just how valuable the peace of mind that comes with cover can be. He is passionate about demystifying the health insurance industry and advocates for the benefits of comparison when it comes to saving money on your premiums.
Learn more about life insurance
Sources
1 QPT: Queensland Public Trustee website – About Wills. Accessed July 2025.
2 Moneysmart – Wills and powers of attorney. Accessed July 2025.
3 Legal Aid Victoria – A guide to making a will. Accessed July 2025.