To write a will in Australia, you need to follow specific legal steps to ensure it is valid and reflects your wishes accurately.

Key Steps to Write a Will

• Clearly title your document “Last Will and Testament” and include the date.

• Identify yourself by your full name, address, and occupation to avoid confusion.

• Revoke any previous wills or codicils with a revocation clause.

• Name your executor(s), who will carry out your wishes. Executors must be over 18 and can be beneficiaries.

• List guardians for children under 18, if relevant, using their full names and addresses.

• List your assets (property, bank accounts, investments, superannuation, personal items, and digital assets) and specify who will receive each asset.

• Include specific gifts followed by your residuary estate, which covers everything else not specifically mentioned.

• Be as precise as possible with names and property descriptions to avoid disputes.

• If you wish, note funeral or other special wishes, and consider who would care for pets or digital accounts.

• Sign your will in front of two adult witnesses who are not beneficiaries or partners of beneficiaries; your witnesses must also sign and date the will in your presence and each other’s.

• Store the signed will in a safe location and inform your executor(s) where it is. Consider reviewing and updating it after significant life events (marriage, divorce, children).

Essential Legal Requirements

• The will must be in writing and signed by the person making the will (the testator) on each page.

• The will must be witnessed by at least two people over 18 who are not beneficiaries or their partners.

• All parties (testator and witnesses) must sign the will at the same time, seeing each other sign.

Tips for Validity and Clarity

• Use clear, unambiguous language and correct names for beneficiaries and assets to prevent challenges.

• Professional legal advice is recommended, especially for complex estates or unique situations. There are also Will kits and online services that can help create a basic will, but legal review is wise.

Making a will ensures your wishes are known and your loved ones are protected, minimizing confusion and disputes after your death.