A will says who receives what you own and who you trust to carry out your wishes. It saves your family from difficult guesswork, and from the extra time and cost of sorting out an estate when there isn't one. This guide covers what a will needs, what to think about first, and the main ways to make one in Australia. Remember Well• doesn't make wills or take referral fees from anyone listed here.
What a will needs to be valid
The rules are set by each state and territory and differ in the details, but in general a will needs to be:
- In writing
- Signed by you, as the person making it
- Witnessed by two adults who are both present when you sign, and who then sign too
- Made while you understand what you own, who might expect to benefit, and what the will does
A person who receives something under the will, or their partner, shouldn't be a witness. Whoever helps you make the will can explain the signing steps for your state.
What to think about before you start
- Your executor: the person who will carry out the will. Choose someone organised and willing, and ask them first. Many people choose two.
- Who receives what: your home, savings, belongings, and anything with sentimental value.
- Guardians for children under 18.
- Superannuation and life insurance: these usually don't pass through your will. They follow the nomination you make with your fund, so check yours is up to date.
- Jointly owned property, which usually passes to the other owner.
- Funeral wishes: you can mention them, but a will is often read after the funeral, so tell your family and write them down somewhere they'll find quickly.
Ways to make a will
A solicitor
A solicitor is the best choice if your situation isn't simple: a blended family, a business, a family trust, property overseas, someone who relies on you financially, or a chance the will could be challenged. Each state's Law Society has a referral service that can put you in touch with solicitors who do wills. Ask about the total cost before you start.
Your state's Public Trustee
Every state and territory has a public trustee that can prepare wills. Fees and conditions differ by state.
- Queensland: Queensland Public Trustee prepares wills free of charge for Queenslanders, whether or not you appoint them as executor.
- New South Wales: NSW Trustee and Guardian has prepared wills at no charge for people on a full Centrelink Age Pension. Check their current fees before you book.
- Other states and territories: check with your public trustee for current fees.
A public trustee may suggest naming them as executor. You don't have to. If you do, ask how their executor fees are worked out, as they're paid from the estate.
Online will services
Online services let you make a simple will yourself, usually for a fixed fee, and some offer a solicitor review for more. They can suit straightforward situations. Check that the service is set up for your state, gives clear signing and witnessing instructions, and lets you update the will later. A will made online is only valid once it's printed, signed and witnessed properly.
Will kits
Kits from a post office or newsagent are the least expensive option, but they're easy to get wrong. A small mistake in wording or witnessing can cause problems for your family later.
After it's signed
- Keep the original somewhere safe and tell your executor where it is. Solicitors and public trustees can store it for you.
- Review it after big changes: marriage, separation, divorce, a new child or grandchild, or buying or selling a home. In most states, marriage and divorce can change or cancel parts of an existing will.
- Make the rest of your plan: an enduring power of attorney and an advance care directive cover decisions while you're alive.
If someone has died without a will, our guide to what happens if you die without a will explains the next steps.
Record your wishes before they are needed.
Remember Well•'s planning ahead tools keep your funeral wishes, documents and a note for your family in one place.
Start freeBuilt in Australia from lived experience. Your information is private and never shared or sold.
Common questions
Can I make a will for free in Australia?
In Queensland, the Public Trustee prepares wills free of charge. NSW Trustee and Guardian has offered wills at no charge to people on a full Age Pension. In other states, check with your public trustee.
Do I need a solicitor to make a will?
No, but a solicitor is the safest choice if your situation is complicated, such as a blended family, a business or property overseas.
Is an online will legal in Australia?
It can be, once it's printed, signed by you and witnessed by two adults who are both present, following the rules in your state.
Does my will cover my superannuation?
Usually not. Super follows the nomination you make with your fund, so check your nomination is up to date.
How often should I update my will?
Review it after major life changes, such as marriage, separation, divorce, a new child or selling a home, and every few years otherwise.
Sources
- Queensland Public Trustee: Our Wills service is free of charge, checked November 2026
- NSW Trustee and Guardian: Notice of Wills and estate planning fee changes, checked November 2026
- Law Society of NSW: Solicitor Referral Service
This is general information, not legal advice. Fees and services change, so check current details with the provider. Remember Well• receives no payment or referral fees from any service mentioned.