Wills & Estates Lawyers › Wills & Will Drafting
Wills Lawyers — A Valid Will. Properly Drafted. Your Wishes Protected.
A will is the most important legal document you will sign — and a DIY will is one of the most common causes of estate disputes. A lawyer-drafted will is correctly executed, deals with all your assets, appoints an executor you trust, and provides for your dependants in the way you intend. Without a valid will, the intestacy rules determine who inherits — which may not reflect your wishes. Get a will drafted or reviewed by a wills lawyer today.
⚠ Don't wait until it's too late. Capacity to make a will can be lost suddenly through accident or illness. If a will is signed without legal capacity, it is invalid. Witnessing requirements must be strictly followed. Get a will drafted today.
What We Help With
Wills — from simple estates to complex family structures.
Simple Will — Individual or Couple
A straightforward will appointing an executor, giving your estate to your spouse or partner (or to your children equally if your spouse predeceases you), and nominating a guardian for minor children. A simple will is the foundation of any estate plan — and far safer than a DIY kit.
Will with Testamentary Trust
Where your estate includes significant assets or you have minor children, a testamentary trust provides asset protection, tax effectiveness, and flexibility for beneficiaries. A testamentary trust is established by the will and comes into effect on death — it must be correctly drafted to achieve these benefits.
Will Update & Review
Life changes — marriage, divorce, the birth of children, acquiring new assets, or a change in family circumstances — are all triggers to update a will. In most states, marriage automatically revokes a prior will (unless the will was made in contemplation of the marriage). A lawyer reviews your existing will and identifies whether it is still valid and effective.
Blended Families & Complex Distributions
Where there are children from different relationships, stepchildren, or dependants with special needs, the distribution of an estate requires careful planning. A poorly drafted will for a blended family is among the most common triggers of family provision claims. A lawyer structures the will to balance competing interests and minimise dispute risk.
Business Interests & Self-Managed Super
A will for a business owner or SMSF member requires specialised drafting — including how business interests pass, whether a buy-sell arrangement affects the will, and how the SMSF trustee provisions interact with the overall estate plan. A wills lawyer experienced in business estate planning addresses these issues.
Emergency Will — Urgent Circumstances
Where a person is in hospital, facing surgery, or otherwise urgently needs a will made, a lawyer can attend in person or arrange for an urgent will to be prepared, executed, and witnessed correctly. Capacity at the time of signing is essential — a will made after capacity is lost is invalid.
What the Law Requires
Will validity — the legal requirements in Australia.
Testamentary capacity — the legal test
To make a valid will, the testator (the person making the will) must have testamentary capacity at the time of signing. The test — established in Banks v Goodfellow (1870) and applied in Australian courts — requires the testator to: understand the nature of making a will and its effects; understand the extent of the property they are disposing of; understand the claims of those who might expect to benefit; and not be suffering from a disorder of the mind that poisons their affections or perverts their sense of right. Where capacity is in doubt, a lawyer obtains a medical assessment to support the validity of the will.
Execution requirements — witnessing formalities
In all Australian states and territories, a will must be: in writing; signed by the testator (or by a person in the testator's presence and at the testator's direction, if the testator cannot sign); and signed in the presence of at least two witnesses who both sign the will in the testator's presence. A witness who is also a beneficiary under the will (or the spouse of a beneficiary) may lose their entitlement under the will — the gift to them may be void. A lawyer ensures witnessing is correctly carried out.
Marriage and divorce — automatic effect on wills
In most Australian states and territories, marriage after a will is made automatically revokes the will — unless the will was expressly made in contemplation of that marriage. Divorce does not automatically revoke a will — but in most states, gifts to a former spouse and any appointment of them as executor are revoked by the divorce. Separation (without divorce) has no automatic effect on a will. A lawyer reviews the will whenever relationship status changes.
Alteration and codicils — changing a will
A will cannot be validly altered by simply crossing out words or adding handwritten changes after signing — alterations made after execution are invalid unless they meet the same formalities as a new will (signed and witnessed). A codicil (a formally executed document that amends specific provisions of a prior will) or a new will entirely is the correct way to update a will. A lawyer advises on whether an amendment or a new will is the appropriate approach.
Assets that fall outside the will
Not all assets pass under a will. Assets held as joint tenants (rather than tenants in common) pass automatically to the surviving joint tenant by survivorship — not under the will. Superannuation (unless the fund pays to the estate) and life insurance (paid to named beneficiaries) also do not pass under the will. A lawyer identifies all assets and advises on how each passes — ensuring the overall estate plan achieves the intended outcome.
Executor appointment — who should administer your estate
The executor is the person responsible for administering the estate — collecting assets, paying debts, and distributing to beneficiaries. The choice of executor matters: an executor who is unwilling, unable, or in conflict with beneficiaries can cause significant delay and expense. A lawyer advises on executor choice, the role of a substitute executor, and whether a professional executor (such as a solicitor or trustee company) is appropriate for complex estates.
How It Works
One request. A lawyer-drafted will.
Tell us your family situation, your assets (broadly), and what you want to achieve. A wills lawyer will contact you for a free consultation and then draft a will that correctly reflects your wishes.
Submit Your RequestDescribe your estate and wishes
Tell us your family situation (spouse, children, blended family), the broad nature of your assets (house, super, business, investments), and what you want to achieve — who should inherit and in what proportions.
Matched to a wills lawyer
Your request is matched to a wills and estates lawyer experienced in your specific circumstances — simple estates, blended families, business interests, or testamentary trusts.
Will drafted, executed, and stored
A lawyer prepares your will, explains its contents, oversees the execution (signing and witnessing), and advises on safe storage. Most simple wills are completed in one or two appointments.
Common Questions
Wills — frequently asked questions.
Is a DIY will kit legally valid?
A DIY will is legally valid if it meets all the formal requirements — in writing, signed by the testator, and witnessed by two independent witnesses who are both present at signing. However, DIY wills frequently fail because: the testator is also a beneficiary's witness; the witnessing is not done correctly; the descriptions of gifts are ambiguous; assets are incorrectly described; or the distribution fails to account for all possibilities (such as a beneficiary predeceasing the testator). These problems are not apparent until the testator has died and the will needs to be administered — by which time it is too late to fix. A lawyer-drafted will avoids these problems.
Can I change my will after I've made it?
Yes — a will can be changed at any time while you have testamentary capacity. Changes can be made by preparing a new will (which revokes all prior wills) or by executing a codicil (a formally executed document that amends specific provisions). You cannot validly alter a will by writing on it or crossing things out after it has been executed. If you want to change your will, contact a lawyer — the cost of a will update is modest, and the cost of a defective alteration is significant.
What if I have assets in more than one country?
Australian law applies to real property in Australia regardless of where the owner lives. For overseas assets, the law of the country where the asset is located typically governs how that asset passes on death. For estates with assets in multiple countries, a lawyer advises on whether a separate will is needed for each jurisdiction or whether an Australian will can deal with overseas assets. Some countries require a will to be in their local form to be effective — specialist cross-border estate planning advice is important for internationally mobile Australians.