How to Make a Will: Everything You Need to Know Before You Start

Introduction

Making a will is one of the most important steps you can take to protect your loved ones and secure your family’s future. A will is more than just a legal document—it is your voice after you’re gone, ensuring that your wishes are respected, your assets are distributed fairly, and your family avoids unnecessary stress or disputes. Without a will in place, the law decides how your estate is divided, which may not reflect what you would have wanted.

For many people, writing a will may feel overwhelming or something to “deal with later.” Yet, life is unpredictable, and having a clear plan provides peace of mind, knowing that your loved ones will be cared for and your legacy preserved. Whether you own property, have children, or simply want to ensure your personal belongings are passed on according to your wishes, preparing a will is essential.

However, many Australians hesitate, often citing cost as a barrier. In reality, the cost of making a will in Australia varies significantly—from as little as $30 for a DIY kit, to between $600 and $3,000 for a solicitor-drafted will, depending on complexity. This range makes it accessible for most, especially when weighed against the importance of the document. Adding urgency to the matter, research shows that around 60% of eligible Australians—about 12 million people—do not have a will, and nearly 64% of those with minor children lack one, leaving their families legally unprotected.

In this comprehensive guide, we’ll explore everything you need to know about making a will—from who is eligible to create one, to choosing an executor, understanding beneficiaries, and the process of updating or revoking a will. We’ll also cover practical aspects such as when to write or revise your will, what happens if you pass away without one, and the safest ways to store it.

By the end, you’ll have a clear understanding of how to prepare a will that reflects your wishes, protects your loved ones, and gives you peace of mind.

What is a Will and Why Does It Matter?

A will is a legal document that outlines how a person’s assets, property, and possessions should be distributed after their death. In simple terms, it’s a written plan that ensures your wishes are respected when you are no longer around to make decisions. A valid will also allows you to appoint an executor, the person responsible for carrying out your instructions, and to nominate guardians for any minor children.

The importance of having a will cannot be overstated. Without one, your estate is distributed according to intestacy laws, which may not reflect your personal wishes. This often leads to uncertainty, family disagreements, or even costly legal disputes. A well-prepared will provides legal clarity and peace of mind, making sure that your loved ones are supported and your assets are handled fairly.

Many people mistakenly believe they don’t need a will if they don’t own a home, have little savings, or are young. Others assume that everything will automatically go to their spouse or children, which isn’t always true under the law. Another misconception is that wills are only for the elderly—yet unexpected circumstances can arise at any age, and preparing early ensures your family’s future is secure.

Ultimately, making a will is not just about money or property. It’s about leaving clear instructions that protect your family, minimise stress, and ensure your final wishes are honoured.

Who Can Make a Will?

Making a will is not something reserved only for the wealthy or the elderly—it is a legal right available to most adults, provided certain requirements are met. To ensure that your will is valid and legally binding, you must meet the eligibility conditions set by law. Let’s break down who can make a will and what factors determine validity.

Legal Age Requirement

In most cases, a person must be at least 18 years old to make a legally valid will. This ensures that the individual is considered an adult capable of making important legal and financial decisions. However, there are exceptions. For example, individuals under 18 may be permitted to create a will if they are married, in a de facto relationship, or if a court grants approval due to special circumstances.

Requirement of Sound Mind

The second key condition is mental capacity. The person making the will (called the testator) must be of sound mind. This means they must:

Understand the nature and effect of making a will.
Be aware of the assets they own.
Recognise who may reasonably expect to benefit from their estate (such as family members or dependents).
Make decisions free from undue influence or pressure.

If a will is challenged in court, lack of mental capacity is one of the most common grounds for dispute.

Restrictions and Considerations

Even if you meet the age and capacity requirements, there are important considerations to keep in mind:

Undue influence: A will is invalid if it can be shown that the testator was pressured or coerced into making certain decisions.
Fraud or forgery: A will created under fraudulent circumstances will not stand.
Formal requirements: The will must be signed and witnessed according to the law for it to be enforceable.

Why These Rules Exist

The eligibility requirements exist to protect people from exploitation and to ensure that wills truly reflect the testator’s wishes. By setting clear standards around age, mental capacity, and free choice, the law safeguards the fairness and integrity of the will-making process.

When Should You Write or Update Your Will?

Creating a will is one of the most important steps in securing your family’s financial future, but it’s not something you should set and forget. Life is constantly changing, and your will needs to reflect those changes. Knowing when to write or update your will ensures your wishes are clear and legally valid at every stage of life.

Writing Your First Will

Ideally, every adult should consider writing a will once they begin accumulating assets or taking on responsibilities that may affect loved ones. Even if you believe you “don’t own much,” a will ensures clarity over personal belongings, digital assets, and financial accounts. It also allows you to nominate an executor who can act on your behalf.

Life Milestones That Trigger a Will

Certain life events should prompt you to either create your first will or update an existing one:

Marriage or entering a de facto relationship – Your partner may not automatically inherit everything without a valid will.
Becoming a parent – A will allows you to appoint guardians for children and secure their financial wellbeing.
Buying property – A house or investment property represents significant value that needs clear distribution.
Starting a business – Your will can outline succession planning and protect business partners or heirs.

Why Regular Updates Are Crucial

Even if nothing major seems to have changed, it’s good practice to review your will every 3–5 years. Laws can change, relationships evolve, and assets may grow in unexpected ways. Regular updates prevent disputes and ensure your document reflects your current intentions.

Signs Your Will May Need Reviewing

You should revisit your will if you experience:

Divorce or separation
The birth or adoption of children or grandchildren
The purchase or sale of significant assets
The death of a beneficiary or executor
Major financial changes, such as inheritance or debt

By treating your will as a living document, you’ll ensure it always matches your present circumstances and secures peace of mind for those you care about.

What Should Be Included in a Will?

A will is not just a legal document—it’s a roadmap that ensures your wishes are respected and your loved ones are cared for. To be effective, a will must contain key elements that remove uncertainty and provide clear instructions. Whether simple or complex, these core components help create a legally sound and comprehensive will.

Naming Beneficiaries

The heart of any will lies in identifying who will inherit your assets. Beneficiaries can include your spouse, children, extended family members, friends, or even charities. Clearly naming beneficiaries prevents disputes and ensures your possessions, property, or investments go to the people or causes you care about most. In cases where a beneficiary passes away before you, it’s also wise to name alternate beneficiaries.

Appointing an Executor

An executor is the person (or sometimes an institution) responsible for carrying out the instructions in your will. Their duties include collecting assets, paying debts, managing taxes, and distributing inheritances. Choosing a reliable, trustworthy, and organized executor is critical. You may also want to appoint a backup executor in case the primary one cannot serve.

Guardianship for Minor Children

If you have children under 18, one of the most important aspects of your will is nominating a guardian. This ensures your children will be raised by someone you trust if you are no longer able to care for them. Without a guardian specified in your will, courts may decide who takes responsibility, which may not reflect your wishes.

Distribution of Assets

A will should outline how your assets will be divided among your beneficiaries. Assets may include real estate, bank accounts, investments, family heirlooms, or personal belongings. The clearer and more detailed your instructions, the less room there is for disputes. Some people prefer to create specific bequests (such as leaving jewelry to a daughter) alongside general asset distribution.

Handling Debts and Liabilities

While many people focus on distributing assets, a will should also address how debts and liabilities will be managed. From mortgages to personal loans, your executor must ensure outstanding financial obligations are paid before distributing inheritances. Including clear directions in your will makes this process smoother and helps protect beneficiaries from unexpected complications.

Understanding Executors and Their Role

When preparing a will, one of the most important decisions you’ll make is choosing an executor. In simple terms, an executor is the person you legally appoint to carry out the instructions in your will after you pass away. Their role ensures your wishes are respected, your estate is distributed fairly, and all legal and financial matters are properly managed.

Duties and Responsibilities of an Executor

An executor’s responsibilities go beyond distributing assets to beneficiaries. They may include:

Collecting and valuing assets such as property, bank accounts, investments, and personal items.
Paying outstanding debts and liabilities before distributing inheritances.
Managing tax obligations like filing a final tax return and ensuring any estate taxes are settled.
Distributing assets according to your will’s instructions.
Handling disputes or challenges if disagreements arise between beneficiaries.

Qualities of a Good Executor

Because this role carries significant responsibility, it’s important to choose someone who is:

Trustworthy and reliable.
Organized and capable of managing paperwork and deadlines.
Able to remain neutral in family matters.
Willing to seek professional advice when necessary (e.g., from lawyers or accountants).

Can You Appoint More Than One Executor?

Yes, you can appoint more than one executor, which is common in cases where estates are complex or involve multiple beneficiaries. Co-executors can share the workload and provide a system of checks and balances. However, keep in mind that all executors must agree on decisions, which can sometimes slow the process.

Choosing the right executor is a critical step in ensuring your will is executed smoothly and your loved ones are protected.

What is a Beneficiary in a Will?

In estate planning, a beneficiary is the person (or entity) who is entitled to receive assets, property, or money from a deceased person’s estate under the terms of a will. Beneficiaries are central to the purpose of the will, as they represent the individuals or organizations chosen to inherit what the testator (the person making the will) leaves behind.

Different Types of Beneficiaries

Not all beneficiaries are the same. Wills often distinguish between several categories, including:

Primary Beneficiaries – These are the first individuals or entities named to receive specific gifts, such as a spouse inheriting the family home or a child receiving a set amount of money.
Contingent Beneficiaries – Sometimes a beneficiary may pass away before the testator, or may choose not to accept the inheritance. In such cases, contingent beneficiaries step in to inherit. They are essentially the “backup” heirs.
Residuary Beneficiaries – After all debts, taxes, and specific gifts are distributed, whatever remains in the estate (known as the “residue”) goes to residuary beneficiaries. This could include leftover money, unsold property, or personal belongings.

Rights and Limitations of Beneficiaries

Beneficiaries have certain legal rights, including:

The right to be informed about the estate and their entitlement.
The right to receive their inheritance once debts, taxes, and administration costs are settled.
The right to take legal action if they believe the executor is mishandling the estate.

However, beneficiaries also face limitations. They cannot demand early distribution, nor do they have authority over how the estate is managed—that responsibility lies with the executor. Additionally, if disputes arise between beneficiaries, the courts may become involved to ensure fair resolution.

Understanding will beneficiaries—their types, rights, and limitations—helps both testators and heirs navigate the estate process with clarity and fewer conflicts.

What Happens If You Die Without a Will?

Thinking about death is never easy, but planning ahead ensures that your loved ones are taken care of. When someone dies without a will, the legal system steps in to decide how their property is distributed. This situation is called dying intestate, and it can leave families facing unnecessary stress and uncertainty.

Meaning of Dying Intestate

“Intestate” simply means passing away without leaving a legally valid will. In this case, your estate—everything you own, including property, savings, personal belongings, and investments—is distributed according to the intestacy laws of your state or country. Unlike a will, which allows you to decide who inherits your assets, intestacy laws follow a strict formula that prioritizes certain relatives.

Legal Process for Distributing Assets Without a Will

When someone dies intestate, the probate court appoints an administrator (similar to an executor) to handle the estate. The court ensures debts and taxes are settled first before distributing the remaining assets. Typically, the estate is divided among the closest relatives in this order:

Spouse and children usually receive the largest share.
If no children exist, the spouse may inherit the entire estate.
If no spouse or children exist, parents, siblings, and extended family members may inherit.
If no relatives can be found, the state may claim the assets.

This process can take months—or even years—depending on the complexity of the estate and whether disputes arise.

Challenges for Family Members

Without a will, family members face several challenges:

Delay in asset distribution – Court processes take time, leaving loved ones waiting for financial support.
Unexpected outcomes – Someone you may not have wanted to inherit (such as a distant relative) could legally receive part of your estate.
Financial stress – If you have dependents or children, they may not immediately gain access to money needed for living expenses.
Guardianship issues – Without naming guardians in a will, courts decide who will care for minor children.

Why Intestacy Can Create Disputes

Intestacy often sparks disagreements among family members. Without clear written wishes, relatives may argue over who should inherit certain belongings or property. For example, children from different marriages might contest each other’s share, or siblings may clash over sentimental items. These disputes can damage family relationships, add legal costs, and prolong the probate process.

Final Thoughts

Dying without a will means you lose the chance to decide how your hard-earned assets are handled. Instead of leaving it up to intestacy laws and court decisions, creating a will ensures your wishes are respected, your loved ones are protected, and unnecessary conflicts are avoided.

How to Revoke or Cancel a Will

Making a will is an important step in securing your family’s future, but circumstances can change over time. New relationships, children, financial shifts, or lifestyle changes may mean your existing will no longer reflects your wishes. In such cases, you may need to revoke, cancel, or replace your will. Understanding the legal ways to do this helps avoid confusion and ensures your instructions remain valid.

Legal Ways to Revoke a Will

The law provides several recognized methods for revoking a will:

Creating a New Will – The most common and reliable way to revoke an old will is by drafting a new one. A properly executed new will typically includes a clause that explicitly revokes all previous wills. This ensures clarity and prevents conflicting instructions.
Physically Destroying the Will – Tearing, burning, or otherwise destroying your will with the intent to revoke it can also make it invalid. However, this method can be risky if copies exist or the destruction is disputed, so legal witnesses are recommended.
Marriage or Divorce – In many jurisdictions, marriage can automatically revoke an existing will unless it was made “in contemplation of marriage.” Divorce, on the other hand, may invalidate provisions benefiting your former spouse. It’s important to review your will during these major life events.

Importance of Clear Revocation

Ambiguity is one of the biggest causes of will disputes. Simply telling family members that an old will is no longer valid is not enough—clear legal action must be taken. Without explicit revocation, an outdated will could still be considered legally binding, creating complications for your beneficiaries.

Risks of Multiple Conflicting Wills

Having more than one will in circulation is one of the most common causes of inheritance disputes. If two documents exist with conflicting instructions, courts will need to determine which is valid, often leading to delays, added legal costs, and strained family relationships. To avoid this, ensure that only your latest will is recognized and destroy older versions after replacing them.

Revoking or canceling a will should always be done thoughtfully and in consultation with a legal professional. This ensures that your wishes are clearly documented, legally valid, and free of conflict—giving you and your loved ones peace of mind.

Best Practices for Storing Your Will

Creating a will is only the first step—ensuring it is safely stored is just as important. A will that is lost, damaged, or hidden away where no one can access it may be treated as invalid, leaving your estate to be distributed under intestacy laws instead of according to your wishes. Following secure will storage tips ensures peace of mind for both you and your loved ones.

Where to Keep a Will Safe

There are several safe options for storing your will:

At home: You can keep your will in a fireproof and waterproof safe or a locked cabinet. While convenient, this method carries risks if others cannot access it when needed.
With your solicitor or estate planner: Many lawyers provide safe storage services for wills and related documents. This is a reliable option since solicitors are familiar with probate procedures.
At a will registry: Some countries allow you to register your will with an official government or private registry, ensuring it can be located when required.
In a safe deposit box: Banks offer highly secure storage options. However, access can sometimes be restricted after death unless arrangements are made for a trusted person to gain entry.

Who Should Know Its Location

It is crucial to tell at least one trusted person—such as your executor, spouse, or adult child—where your will is stored. Keeping it a secret, even with the best intentions, may result in unnecessary delays or disputes if your family cannot locate the document. Ideally, provide your executor with both the location and instructions for accessing it.

Risks of Poor Storage

Improper storage can lead to significant problems. If your will is lost or destroyed, the courts may assume you intended to revoke it. A damaged document may also raise concerns about its validity. Worse, if multiple versions are found in different locations, it could spark family disputes and costly legal battles.

Final Thoughts on Secure Will Storage

Storing a will safely is just as important as writing one. Whether you choose a solicitor, registry, or safe deposit box, make sure your executor and close family members know exactly where to find it. Taking these precautions ensures your will is valid, accessible, and ready to carry out your wishes without unnecessary complications.

Common Mistakes People Make When Writing a Will

Even though writing a will is one of the most important steps in estate planning, many people unintentionally make mistakes that can lead to confusion, disputes, or even invalidation of the document. Being aware of these common errors ensures your will accurately reflects your wishes and protects your loved ones. Below are some frequent mistakes people make when writing a will and how to avoid them.

Forgetting to Update the Will

One of the biggest mistakes is treating a will as a “one-and-done” task. Life circumstances change—marriage, divorce, the birth of children, acquiring new assets, or selling property can all impact how your estate should be divided. If your will isn’t updated regularly, it may no longer reflect your current situation. For example, leaving assets to an ex-spouse or failing to include new children can cause legal disputes. Reviewing your will every few years or after major life events is essential to keep it accurate.

Not Appointing an Executor

Another frequent oversight is forgetting to appoint an executor. The executor plays a critical role in carrying out your wishes, handling debts, filing paperwork, and distributing assets. Without a named executor, the court will appoint someone—often not the person you would have chosen. This can slow down the process and create unnecessary stress for your family. Always choose a trustworthy, responsible executor and name an alternate in case your first choice cannot serve.

Leaving Unclear or Vague Instructions

Ambiguity is one of the biggest sources of conflict when it comes to wills. Phrases like “divide equally among my children” without specifying whether stepchildren are included, or leaving “family jewelry” without identifying items, can cause disagreements. A will should be as specific and detailed as possible. Clearly describe assets, identify beneficiaries by name, and outline conditions if necessary. Clarity minimizes the risk of disputes and ensures your wishes are honored.

DIY Errors Without Legal Guidance

While do-it-yourself will kits or online templates may seem convenient and affordable, they often lack the legal precision required to stand up in court. Different states and countries have specific rules regarding signing, witnessing, and formatting a will. Mistakes in these areas can make the will invalid. Without proper legal advice, you may also overlook tax implications or estate planning strategies. Consulting with a qualified solicitor or estate planning attorney ensures your will complies with the law and protects your intentions.

Frequently Asked Questions About Wills

When it comes to estate planning, most people have similar questions about wills, especially around validity, execution, and potential disputes. Below are some of the most common queries answered in clear, practical terms.

Do wills need witnesses?

Yes, in most jurisdictions a will must be signed in the presence of at least two independent witnesses. These witnesses cannot be beneficiaries of the will, as this could raise questions of bias or undue influence. The purpose of having witnesses is to confirm that the will was signed voluntarily, and that the person making it (the testator) was of sound mind at the time. Without witnesses, the will may be deemed invalid, which could lead to intestacy (assets being distributed under state laws).

Can a handwritten will be valid?

A handwritten will, often referred to as a holographic will, may be valid in some states or countries, but it comes with risks. The requirements vary: in some places, it must be entirely handwritten and signed by the testator; in others, it may still require witnesses. The biggest concern with handwritten wills is the potential for vague wording, missing legal requirements, or challenges from family members. To avoid disputes, it is safer to prepare a formal typed will with proper witnessing.

Can I write my own will?

Yes, you can write your own will, either by hand or using online will templates. However, DIY wills often create errors in making a will that can make them legally problematic. Common issues include unclear instructions, failure to appoint an executor, or not complying with signing and witnessing rules. While self-written wills may be valid if done correctly, it is highly recommended to seek legal advice to ensure the document covers all legal bases and protects your estate from disputes.

What happens if an executor dies?

If the executor of a will dies before the testator, the will remains valid but another executor must be appointed. This is why it is common to name more than one executor or to designate a substitute. If the executor dies after the testator but before completing their duties, the court can appoint an administrator or another named executor to carry out the responsibilities. Planning ahead by naming multiple executors can prevent delays in administering the estate.

Can wills be contested?

Yes, wills can be contested under certain circumstances. Common reasons include allegations of undue influence, lack of mental capacity, fraud, or improper witnessing. Family members who feel they were unfairly excluded may also attempt to challenge the will in court. While not all challenges succeed, a contested will can lead to long, stressful, and costly legal battles. To minimize this risk, it’s best to draft a clear and legally compliant will with professional guidance.

✅ Key Takeaway: Many common will questions revolve around validity, legal requirements, and disputes. While some aspects—like writing your own will—are legally possible, mistakes can lead to complications for loved ones. Seeking professional advice helps ensure your will is watertight, properly executed, and less likely to face challenges.

Conclusion

Creating a will is one of the wisest steps you can take to protect your loved ones and ensure your wishes are carried out. A will brings clarity, legal assurance, and peace of mind—ensuring your estate is distributed as you intend and your family avoids confusion or disputes. Without one, your assets could be subject to intestacy laws, potentially leading to outcomes you wouldn’t have chosen.

Life changes quickly, so it’s essential to begin with a clear, up-to-date will and revisit it whenever major life events—like marriage, property purchase, or having children—occur. For reliable guidance tailored to Australian laws, you can refer to trusted resources such as Service Victoria’s guide on making a will and the myGov end-of-life planning checklist, both of which offer step-by-step advice for writing and maintaining your will.

Taking the initiative to draft your will today isn’t just about distributing assets—it’s about providing security, clarity, and comfort to those you care about. Take this important step now to make your wishes known, reduce stress for your family, and secure your legacy. Your efforts today will grant peace of mind for years to come.