A Simple Example of a Will for Australians

Staring at a blank document labelled "Last Will and Testament" can feel a little daunting. But when you break it down, a Will is much simpler than you might think. At its core, it’s just a clear instruction manual you write for your family, making sure your final wishes are known and followed.

In many ways, creating a Will is the ultimate act of care you can leave behind.

Why a Will Is Your Family’s Instruction Manual

A lot of people think Wills are only for the wealthy, but that’s a dangerous myth. Every adult in Australia, especially those in Sydney with families and assets, really ought to have one. Without a Will, you die ‘intestate,’ which means the government steps in to decide how your estate—your home, savings, and even personal treasures—is divided.

That legal process can be slow, expensive, and incredibly stressful for your loved ones during an already difficult time.

Think of it like this: you wouldn't leave on a long trip without giving the housesitter instructions. A Will serves the same purpose for your entire life's work. It provides total clarity on critical decisions, preventing confusion and potential family disputes down the track. If you're wondering just how important this document is, you can learn more about the significance of Wills in our detailed guide.

The Reality of Not Having a Will

The truth is, a surprising number of Australians are unprepared. In 2019, it was found that between 58% and 60% of eligible Australians—that’s roughly 12 million people—do not have a valid Will.

This "Will gap" is even more concerning for parents. Approximately 64% of those with minor children lack this essential document, leaving their children’s futures uncertain. You can discover more insights on these Australian Will statistics.

By preparing a Will, you ensure that:

• Your assets are distributed exactly as you wish. For example, you can leave your house to your children and your investment portfolio to your spouse.
• You can appoint a guardian to care for your children, preventing a court from making that decision.
• You minimise potential legal costs and delays for your family.
• You can even outline your funeral preferences, including arrangements for one of our cremation packages like the Unattended Cremation or the Single Service Cremation found on the "Services" tab, giving your family one less thing to worry about.

Breaking Down a Simple Example of a Will

A Will can feel a bit intimidating at first glance, filled with formal language and legal terms. But once you peel back the layers, it’s really just a simple, structured document that lays out your wishes clearly. The best way to get comfortable with it is to look at a straightforward example and walk through it, piece by piece.

This infographic gives you a clean visual of the core parts of a Last Will & Testament, showing you the most important bits like who you're leaving things to (the Beneficiary), who will manage it all (the Executor), and where you sign.

Seeing it laid out like this really simplifies things, doesn't it? It shows how these key roles form the foundation of your final wishes. Now, let’s explore what actually fills in those blank spaces.

The Opening Statement and Revocation Clause

Every Will kicks off with a formal opening. This part identifies you, confirms you’re of sound mind, and makes it clear that this document is your final Will.

Example Clause: "This is the last Will and Testament of me, Jane Marie Smith, of 123 Maple Street, Sydney, NSW 2000. I declare that I am of sound mind and memory and not acting under duress or undue influence. I hereby revoke all former Wills and testamentary dispositions made by me."

That last sentence is the revocation clause, and it's incredibly important. It officially cancels out any older Wills you might have made, so there’s no confusion later on. Think of it as hitting the reset button—this is the only Will that matters now.

Appointing Your Executor

Next up, you need to name an executor. This is the person (or people) you trust to be the project manager for your estate. Their job is to make sure all the instructions in your Will are followed to the letter.

It’s a huge role built on trust and responsibility, so choosing the right person is vital. For a little more guidance, our handbook on opting for an executor of your Will can help you think through this important decision.

Example Clause: "I appoint my husband, John David Smith, of 123 Maple Street, Sydney, NSW 2000, to be the Executor of this my Will. If he is unable or unwilling to act, then I appoint my sister, Emily Rose Jones, of 456 Oak Avenue, Parramatta, NSW 2150, as the alternate Executor."

See how there’s an alternate named? That’s a really smart move. It’s a backup plan that ensures everything can still move forward smoothly, no matter what life throws your way.

To help you get a clearer picture of these clauses, here's a quick summary table.

Key Clauses in Our Sample Will Explained

This table breaks down the most important clauses in our example Will, explaining what each one accomplishes in simple terms.

Clause	Purpose	Simple Example
Opening & Revocation	Identifies you and cancels all previous Wills.	"This is the last Will of Jane Smith... I revoke all former Wills."
Executor Appointment	Names the person responsible for carrying out your wishes.	"I appoint my husband, John Smith, to be my Executor."
Specific Gifts	Leaves particular items or money to specific people.	"I give my vintage watch to my son, Michael."
Residuary Estate	States who gets the remainder of your estate after debts and gifts.	"I give the rest of my estate to my husband, John."
Attestation & Signature	The section where you and your witnesses sign to make it legal.	"SIGNED by the Testator... in our joint presence..."

This structure ensures that your wishes are recorded in a logical, legally sound way, leaving no room for confusion.

Distributing Specific Gifts

This is the part where you can leave specific items or set amounts of money to people or organisations you care about. These are often called specific bequests.

It’s your opportunity to pass on sentimental things or give a financial gift to a loved one. The key here is to be as clear as you possibly can to avoid any misunderstandings.

Here are a few practical examples of how you might word these gifts:

• "I give my vintage Omega Seamaster watch to my son, Michael Paul Smith."
• "I give the sum of $10,000 to my niece, Sarah Liu."
• "I give my collection of first-edition novels to the State Library of New South Wales."

The Residuary Estate Clause

So, after all those specific gifts are handed out and any debts or taxes are paid, whatever is left over is called your residuary estate. This clause explains who inherits the rest of your assets.

This is often the largest part of an estate, and it usually goes to the people closest to you, like your spouse or children.

Example Clause: "I give the whole of the rest and residue of my estate whatsoever and wheresoever situated to my husband, John David Smith, absolutely. If he does not survive me by thirty (30) days, then I give the residue of my estate to my children, Michael Paul Smith and Olivia Anne Smith, in equal shares."

That little detail about surviving you by 30 days is a standard "survivorship clause." It just helps simplify things if beneficiaries pass away around the same time.

The Attestation and Signature Clause

Finally, to be legally valid here in NSW, the Will has to be signed and witnessed correctly. This last section is where you (the testator) and your two witnesses all sign the document together.

Example Clause: "SIGNED by the Testator, Jane Marie Smith, in our joint presence and then by us in her presence."

Right after this statement, you and your witnesses will sign and date the Will. This simple act is what brings the whole document to life, making it a legally binding reflection of your final wishes. While you're planning, you may also want to consider how your final arrangements are handled, which can be planned separately through one of our dignified cremation packages such as the Dual Service Cremation or the Premium Cremation Package, available on our "Services" tab.

Making Your Will Legally Binding in NSW

Jotting down your wishes is a fantastic first step, but that piece of paper has no legal weight until it meets a few very specific rules. Think of these requirements as the official seal that protects your final wishes, making sure your instructions are followed exactly as you intended, without room for challenge.

In New South Wales, the law is crystal clear on what makes a Will valid. These aren't just helpful suggestions; they are non-negotiable steps that turn your draft into a legally binding document. Getting even one of these details wrong could unfortunately render the entire Will invalid.

The need for a proper, legal Will is more urgent than many of us realise. Recent data from NSW Trustee and Guardian revealed a shocking statistic: a staggering 60% of NSW residents didn't have a legal Will in 2023. This gap is so significant it prompted a public campaign to help people understand the importance of finalising their estate plans.

The Essential Checklist for a Valid NSW Will

To ensure your Will can stand up in court, you need to follow a strict set of legal formalities. Each step is there for a reason—to prove the document is authentic and truly reflects what you wanted. Here’s a simple checklist to guide you through it.

1. It Must Be in Writing: A spoken promise or a casual conversation just doesn’t count. Your Will has to be a physical document, whether it’s typed up or written by hand.
2. You Must Be of Sound Mind: This is a legal way of saying you must have the mental capacity to understand that you're making a Will and what that means. You need to be clear on what assets you own and who you’re leaving them to.
3. The Signing Must Be Done Correctly: You, the testator (that’s the official term for the person making the Will), have to sign it. Your signature needs to be right at the very end of the document.
4. Two Independent Witnesses Are Needed: Your signature has to be watched by two witnesses, who are both in the room with you at the same time. Afterwards, they also need to sign the Will in your presence.

Understanding this legal framework is so important, as it connects to other parts of managing an estate. For instance, families often have questions about things like selling a house before probate, a process that’s directly tied to when your Will's instructions can be legally put into action.

A Critical Mistake to Avoid With Witnesses

One of the most common—and heartbreaking—errors people make is choosing the wrong witnesses. It’s a simple rule, but it has massive consequences.

A beneficiary (someone set to inherit from your Will) or their spouse should never act as a witness. If they do, the Will itself stays valid, but the gift to that particular beneficiary is cancelled under NSW law.

Imagine you decide to leave your treasured classic car to your nephew, Mark. If Mark is one of the two people who witnesses you signing the Will, he legally loses his right to inherit that car. It’s as simple as that.

This rule exists to prevent any hint of pressure or coercion. To stay safe, always pick witnesses who are completely independent and have nothing to gain from your estate. For a more detailed walkthrough, you can check out our guide on how to create a legally valid Will in Sydney.

Personalising Your Will With Common Clauses

A basic Will does the job, but a truly thoughtful Will reflects your life, your values, and the people you care about most. This is where we move beyond a simple example of a will and start adding specific instructions—known as clauses—that are shaped around your family’s unique needs and your personal wishes.

Think of these clauses as the heart of your Will. They're the tools that let you protect a young beneficiary’s inheritance, ensure your beloved pet is looked after, or leave a lasting gift to a cause you believe in. It’s how a standard document becomes a deeply personal plan.

Creating a Testamentary Trust for Young Beneficiaries

If you have young children or grandchildren, one of your biggest worries is likely how they’ll handle a significant inheritance. A testamentary trust clause is the perfect answer to this concern. Instead of a lump sum being handed directly to someone who might be too young to manage it, this clause creates a trust to hold and protect their inheritance until they reach a more mature age, like 21 or 25.

You get to appoint a trustee—someone you trust completely—to manage the funds on their behalf, covering important costs like education, healthcare, and general living expenses until they’re ready.

Example Clause: "I direct my Executor to hold the share of any beneficiary who is under the age of 25 upon trust, to invest the capital and to apply the income and/or capital for the maintenance, education, and advancement in life of that beneficiary until they attain the age of 25, at which time the balance of their share shall be transferred to them absolutely."

Including Charitable Gifts and Donations

Leaving a gift to a charity or a cause close to your heart is a beautiful way to create a legacy that lives on. You can do this with a charitable bequest clause, which allows you to set aside a specific amount of money or even a percentage of your estate for an organisation you support.

It’s really important to be precise here. Make sure you include the charity's full registered name and ABN to ensure your generous gift gets to the right place without any confusion.

• Example Clause: "I give the sum of $5,000 to The Royal Society for the Prevention of Cruelty to Animals (RSPCA) NSW (ABN 87 000 036 312) for its general purposes, and I declare that the receipt of its treasurer or other proper officer shall be a full discharge to my Executor."

Outlining Your Funeral and Final Wishes

One of the kindest things you can do for your family is to make your final wishes clear. A funeral instructions clause removes the burden of guessing, providing immense relief to your loved ones during an already difficult time. This is where you can state whether you’d prefer a burial or cremation, or any other specific desires you may have.

For example, you can state your wish to be cremated and even pre-plan the arrangements to make things simpler. By choosing one of our four dignified cremation packages—from a simple Unattended Cremation to our comprehensive Premium Cremation Package—you can lock in your preferences and the costs, taking another weight off your executor’s shoulders. Choosing the right executor is a big decision, and our guide on opting for an executor of your Will can offer some helpful advice.

Example Clause: "I express the wish to be cremated and for my ashes to be scattered at sea. I direct my Executor to make these arrangements, and I have separately made pre-paid arrangements with Funera Sydney to cover the costs of a simple, unattended cremation service."

How Modern Services Make Will Writing Easier

The thought of writing a Will used to bring to mind expensive, stuffy meetings in a lawyer's office. For a long time, that was the only way, and the hassle and cost were enough to make anyone put it off. But that’s all changing. Today, modern online platforms are making the whole process simpler and more approachable for everyday Australians.

Think of it like the shift from queuing at the bank to managing your money online. You used to have to go to a branch during specific hours, but now you can handle everything from home, whenever it suits you. Digital Will services bring that same level of ease and control to planning your estate.

The Shift from Traditional to Digital

The old way of creating a Will often meant booking appointments, travelling to a solicitor’s office, and facing significant legal fees. It was a slow and often intimidating process, which is why so many people delayed taking this important step. Online platforms have completely flipped that experience on its head.

This new approach is making a real difference in Australia. In fact, new data shows that 38% of people only wrote their first Will after they found an online service. It highlights just how much these digital tools are encouraging people to get it done. With 24/7 access, you can work on your Will at your own pace, in your own time. You can learn more about how online platforms are changing the Will-making process.

This modern way of doing things guides you through creating a legally sound example of a will, one step at a time. Instead of staring at a blank document wondering where to begin, you simply answer a series of straightforward questions, and the platform builds a personalised Will for you.

This digital-first method helps close Australia's significant "Will gap" by making the entire process less about legal hurdles and more about securing your family's future with confidence.

These platforms offer a structured and supportive way to make sure your wishes are clearly documented. If you’re just starting to explore your options, our other estate planning blog posts offer more helpful tips for getting your affairs in order. They also make it simple to include instructions for funeral arrangements, like specifying one of our four cremation packages—Unattended Cremation, Single Service Cremation, Dual Service Cremation, or the Premium Cremation Package—available on the "Services" tab, ensuring every detail is looked after.

Finalising Your Plan for Peace of Mind

You’ve put in the thought, made the difficult decisions, and created your Will. So, what comes next? A signed Will is a powerful document, but it's only useful if your executor can actually find it when the time comes. This final step is all about making sure your plan is secure, accessible, and ready when it’s needed most.

It’s crucial to store the original copy of your Will somewhere safe and waterproof. This could be with your solicitor, in a safety deposit box at the bank, or even in a secure safe at home. Just as important, you must tell your executor where it is. A Will that can't be found can cause just as many legal headaches as having no Will at all, so this is one detail you can’t afford to overlook.

Keeping Your Will Current

Think of your Will not as something you write once and forget, but as a living document. It should grow and change right alongside your life. Whenever a major life event happens, it’s a good idea to pull out your Will and make sure it still reflects what you truly want.

Some of the most common reasons to review your Will include:

• Getting married or divorced
• The birth of a child or grandchild
• A significant change in your financial situation, for better or worse

Finalising your Will is a deeply responsible part of planning for the future. Taking care of this detail, much like considering one of our cremation packages (our four options are viewable on the "Services" tab) brings an incredible sense of peace of mind. It’s also helpful to understand related terms your family might encounter, like the difference between a death tax vs. estate tax, which often cause confusion for beneficiaries.

Got Questions About Writing a Will? We’ve Got Answers.

Stepping into the world of Wills can feel a bit daunting, and it’s only natural to have a few questions. To help clear things up, we’ve put together some simple, straightforward answers to the questions we hear most often from Sydney families.

What Happens If I Die Without a Will in NSW?

If you pass away in NSW without a Will, the law calls this being ‘intestate’. This means you don’t get a say in where your assets go. Instead, the government steps in, and the NSW Succession Act lays out a rigid formula for who gets what.

Typically, your spouse and children are first in line, but the process can be slow, expensive, and might not reflect what you actually wanted. For example, the formula might not account for a de facto partner or a stepchild in the way you would have wished. Having a Will puts you in control, ensuring your wishes are the ones that count, not a legal default.

Can I Write My Own Will, or Do I Need a Lawyer?

You absolutely can write your own Will. For people with straightforward lives and assets, online platforms make it easy to create a legally sound document. Looking at a good example of a will can be a great way to see how it all fits together.

However, if your life is a bit more complicated—maybe you have a blended family, run a business, or own property overseas—it’s wise to chat with a solicitor. Think of it as an investment in peace of mind. For a deeper look, you can read our advice on creating a legally valid Will in Sydney.

How Often Should I Update My Will?

Life changes, and your Will should change with it. A good rule of thumb is to give it a look-over every 3-5 years, or whenever something significant happens.

It’s definitely time for an update if you:

• Get married or divorced
• Welcome a new child into the family
• Experience the death of an executor or someone named in your Will
• Have a major shift in your financial situation

Keeping your Will current means it will always be a true reflection of your life and your wishes. Planning these details, just like organising funeral arrangements such as one of our four cremation packages—Unattended Cremation, Single Service Cremation, Dual Service Cremation, and the Premium Cremation Package, found on the "Services" tab—is one of the kindest things you can do for your family.

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Planning your final wishes provides comfort for both you and your family. For compassionate and professional assistance with funeral planning in Sydney, contact Funera today. Learn more at https://www.funera.sydney.