Wills, Trusts & Estate Planning
Get a Will That Actually Protects Your Family.
A properly drafted will is the foundation of any estate plan. Whether you need a straightforward will, a testamentary trust will for complex family arrangements, or an update to reflect a changed life, specialist estate planning lawyers across Australia can ensure your wishes are carried out and your loved ones are protected from the cost and uncertainty of a disputed estate.
⚠ Without a valid will, your estate is distributed according to intestacy law — not your wishes — submit your request now.
Does This Sound Like You?
Common situations we help with.
No will and wanting one properly drafted
You have been meaning to get a will done for years and have kept putting it off. Without a valid will, your estate will be distributed according to the intestacy provisions of your state — which may not reflect your wishes at all, particularly if you have a de facto partner, stepchildren, or complex family arrangements. A lawyer can draft a clear, valid will that accurately captures your intentions and minimises the risk of disputes.
Existing will needs updating after marriage, divorce, or new children
Major life events can affect the validity and effect of your existing will. In most Australian states, marriage revokes an existing will unless the will was made in contemplation of the marriage. Divorce revokes gifts to an ex-spouse in most states but does not invalidate the rest of the will. The birth of a new child should always prompt a review of your will to ensure they are adequately provided for. A lawyer can review your current will and advise on whether it needs updating.
Complex blended family situation needing careful planning
You have children from a previous relationship, a current partner who also has children, and you want to ensure that all the people you care about are properly provided for without creating conflict or unintended outcomes. Blended family estate planning requires careful drafting — often including testamentary trusts, life interests, or mutual wills — to balance the competing interests of all family members and minimise the risk of disputes after death.
Business succession needs to be included in estate plan
You own a business — either as a sole trader, in partnership, or through a company or trust — and need to ensure your business interests are dealt with effectively on your death. Business succession planning involves considering the value of your interest, any buy-sell agreements with co-owners, the impact on employees and clients, and how the business fits into your overall estate plan. A lawyer with experience in business succession can help you structure your affairs to achieve the outcome you want.
Want a testamentary trust will to protect children's inheritance
A testamentary trust is a trust established by your will that comes into effect on your death. Assets held in a testamentary trust are protected from creditors and relationship breakdowns of beneficiaries, can provide significant tax advantages, and can be managed by a trustee for the benefit of minor or vulnerable children over a long period of time. They are particularly useful where children are young, where beneficiaries may face bankruptcy risk, or where you have concerns about a beneficiary's ability to manage a lump sum.
Concerned about family members challenging the will
You want to make a will that is clear, properly documented, and as resistant as possible to challenge by family members who may be unhappy with its terms. While no will can be made entirely unchallengeable under Australian law, certain drafting approaches — including recording the reasons for your decisions, obtaining a capacity certificate from a doctor, and having the will prepared and witnessed by independent lawyers — can significantly reduce the risk and prospects of a successful challenge.
How It Works
Three steps to a will that protects your family
We connect you with a specialist estate planning lawyer in your state who can prepare your will, advise on testamentary trusts, superannuation nominations, and business succession, and ensure your documents meet the formal requirements under the applicable Wills Act or Succession Act. The initial consultation is free.
Submit Your RequestSubmit your request
Tell us about your situation — family structure, assets, any particular concerns about protecting your estate, and the state you live in. This helps us match you with the right specialist quickly.
Matched with an estate planning specialist
An estate planning lawyer in your state will contact you to arrange a free initial consultation to discuss your wishes, your family structure, and the most appropriate will and estate planning structure for your circumstances.
Your will drafted, reviewed, and properly executed
Your lawyer will prepare your will, explain every provision, arrange for proper execution and witnessing, advise on where to keep the original, and flag any other estate planning steps — such as updating superannuation nominations — that you should take at the same time.
Do It Now
The best time to make a will was last year — the second best time is today
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
Testamentary Trusts
Protect your children's inheritance and reduce tax through a properly structured testamentary trust
Before You Put It Off Again
Practical questions about will drafting and estate planning.
What happens if you die without a will — intestacy rules by state? +
If you die without a valid will, you die intestate and your estate is distributed according to the intestacy provisions of the applicable state legislation: the Succession Act 2006 (NSW), the Administration and Probate Act 1958 (VIC), the Succession Act 1981 (QLD), the Administration Act 1903 (WA), the Administration and Probate Act 1919 (SA), the Administration and Probate Act 1935 (TAS), the Administration and Probate Act 1929 (ACT), and the Administration and Probate Act 1969 (NT). Generally, the estate goes first to your spouse or de facto partner, then to children, then to more distant relatives. If you have no living relatives, your estate passes to the Crown. Your wishes about who receives specific items, who cares for your children, or how your business is managed will have no legal effect.
What are the formal requirements for a valid will in Australia? +
In all Australian states, a valid will must be: in writing (handwritten or typed); signed by the testator (the person making the will) at the foot or end of the will; and witnessed by two adult witnesses who are both present at the time of signing and who both sign the will in the presence of the testator. Witnesses should not be beneficiaries or the spouses of beneficiaries under the will, as a gift to a witness may be void in some states. Holographic wills (entirely in the testator's own handwriting) are valid in some states without witnesses. Courts have a dispensing power to admit informal documents as a will where there is clear evidence of testamentary intention, but this should be a last resort, not a deliberate strategy.
How do marriage and divorce affect an existing will in Australia? +
In all Australian states, marriage revokes a will that was not made in contemplation of the marriage. This means that if you made a will before marrying and the will does not state that it was made in contemplation of your marriage to a named person, it is automatically revoked when you marry and you will be treated as if you died intestate. Divorce (or annulment) revokes gifts and appointments made to a former spouse in a will, but does not revoke the rest of the will. De facto relationships and their ending do not automatically revoke a will in most states. Any significant change in relationship status should prompt an immediate review of your will.
What is a testamentary trust, and when should you use one? +
A testamentary trust is a trust that is established by your will and comes into existence on your death. Assets are transferred to the trust and held by a trustee for the benefit of nominated beneficiaries. The key advantages of a testamentary trust include: asset protection — assets in the trust are generally protected from the bankruptcy or relationship breakdown of beneficiaries; tax efficiency — income distributed by a testamentary trust to minor beneficiaries is taxed at adult marginal rates rather than at penalty rates; and flexibility — the trustee can manage and distribute income and capital over time according to the beneficiaries' needs. They are particularly valuable for families with young children, beneficiaries with disability, or beneficiaries at commercial risk.
Why doesn't superannuation automatically form part of your estate? +
Superannuation is held in a trust structure and is generally not an asset of your estate. This means it does not automatically pass according to your will. Instead, payment of your superannuation death benefit is determined by the trustee of your super fund, who must consider any binding or non-binding death benefit nomination you have made, the rules of the fund, and relevant legislation. A binding death benefit nomination, if validly made and not lapsed, directs the trustee to pay your benefit to nominated dependants or to your estate. Without a current valid binding nomination, the trustee has discretion to pay to any eligible beneficiary — which may not be who you intend. Review your nominations whenever you update your will.
How should you keep your will safe and accessible after signing? +
The original will must be kept safe and accessible for your executor to locate after your death. Options include: leaving the original with the lawyer who prepared it (many law firms offer free will storage); lodging the original with the Supreme Court Probate Registry in your state (available in most states for a small fee); keeping it in a secure fireproof location at home and ensuring your executor knows where it is; or storing it with a trustworthy institution such as a bank or trustee company. You should also ensure your executor knows who holds the will, and review and update the will — and your storage arrangements — whenever your circumstances change significantly.
Have a question not covered here? Submit your request and a lawyer will be in touch.
Request a Free Consultation