Having a will in place offers peace of mind on how your things will be distributed when you die. It can confim who'll care for any children under 18. It also locks-in how your funeral should be done. Without a will, your payout gets distributed by the state government based on their legal process.
In most cases, you must be at least 18 years of age to make a will. You must be fully aware of the implications of what you're writing. In legal jargon, this is called having "testamentary capacity".
A will can be typed or handwritten. If you want to write a will without a lawyer, you could start by finding a will kit template online.
The key details of a will include:
You have to sign your will in the presence of two witnesses. These can't be people who you'd like to benefit from your will. Ensure there's a date and signature on each page.
For peace of mind your will is valid, get a solicitor or a lawyer to check yours. Alternatively, you could get help from your local public trustee's office. As your circumstances change in the future, you may need to review and update your document.
Tell your executor where they can find your will and other important documents or contact information. For example, if you're a homeowner, be clear on where you keep your property's certificate of title. You might want to give the executor a copy of your will.
There are 3 ways to write a will in Australia:
A will can be simple or complex depending on things such as the size and complexity of your assets. But even an 'easy' will could be done in a way that isn't legally sound.
Therefore, it's understandable that many choose to get professional legal support with theirs.
To have a will written by a lawyer, it can cost anywhere from $400 to $3,000 depending on the complexity.
If you're going through a local Public Trustee office, you might expect to pay around $330-$440* for a will writing service.
However, it's hard to be exact as no two wills are the same. If you're hiring a legal professional, costs will vary depending on where you live and how long your will takes to create.
Ask about all fees charged by a solicitor or lawyer before you commit. Fees can include writing and reviewing the will, plus admin costs after you pass away.
Don't forget, it's possible to get a free will kit and write a will without using a lawyer. An online will service can be free or have a small cost, such as $30.
Basically, you won't be able to determine what happens to your assets after you die.
If you don't have a will, you're not alone. Finder research has found that less than 1 in 3 (31%) women have a will. Meanwhile, just 50% of men do.
If you die without a will, you're classed as having died "intestate". If no family can be found, your assets and possessions typically goes to the government.
If your family can be located, the general order of inheritance for your assets is:
One reason it's a good idea to seek professional advice when creating your will is that state and territory laws can differ.
Aside from getting a solicitor to prepare a will for, or writing your own with a DIY will kit online, government support that may be available to you where you live.
This is usually via a Public Trustee service – all states and territories have one. These are usually government agencies. Writing a will is one such service they offer. As well as managing trusts, they can also provide help with legal, accounting, tax matters.
The biggest will maker in NSW is the government-run NSW Trustee & Guardian. They can prepare your will after you complete an online form. Or, you can attend an in-person appointment. You must then visit a branch (or book a video conference appointment) to finalise the will.
Will preparation services are free for those eligible for a full Centrelink age pension.
The legal requirements of executing a will are found in section 6 of the Succession Act 2006 (NSW).
In Victoria, wills are enshrined by the Wills Act 1997 and the Administration and Probate Act 1958.
A State Trustee can help with the preparation of your will. It's best to get in touch with them directly for more information.
The Public Trustee and Guardian for the ACT can help you with creating a will.
But according to its website, it "can prepare your Will only where nominated as the Executor to administer your estate".
The rules of making a will in the ACT are contained in the Wills Act 1968.
To make a will with the public trustee, you can do so for free if you're a Queensland resident. You can start the process by visiting a regional Public Trustee office, or by calling them. Additional appointments may be needed if you have complex needs.
Some Queensland Community Legal Centres also offer advice about wills and estate planning.
If you're a pension concession holder, the Public Trustee for the NT can prepare your will. The same goes if you want to name the public trustee as your executor.
To make an appointment, get in touch with your public trustee. You'll need to bring a completed form to an appointment. The public trustee's office can store your will for free.
The rules around making a will in the Northern Territory are found in the Wills Act (NT).
In most cases, you can get a will drafted by the Public Trustee of Western Australia (for a fee) on your behalf. To be eligible, you must nominate the public trustee as your sole executor; or, nominate your spouse or de facto partner as your first executor anf the public trustee as your substitute executor.
You'll need to attend an appointment with the public trustee (if you're sick, they may be able to conduct your appointment over the phone).
To prepare a will with the Public Trustee's office, you'll need to either choose the public trustee as your only executor. Alternatively, you must appoint someone else but include the public trustee as a substitute executor.
Another option you have is to speak with lawyer at Tasmania Legal Aid.
The free will-writing service from Gathered Here can be completed in just 10 minutes online, but it might not suit all needs.
Avoid unwanted disputes about your will and estate when you’re no longer around.
Find out what happens in New South Wales if there's no set will or testament.
Find out what happens and what you need to do in Victoria if there’s no last will and testament.
Find out how to change your power of attorney.
Tips on changing or cancelling your will for your estate.
