How to Make a Will and Testament in Australia
How to Make a Will and Testament in Australia
How to Do a Will and Testament: Understanding how to do a will and testament is one of the most important steps you can take to protect your future.
In Australia, a properly written will ensures your wishes are respected, and your loved ones are looked after when you're no longer here.
Whether you're just starting out or exploring ways on navigating through drafting your will, this guide will walk you through the process with clarity and confidence.
Why Make a Will?
Creating a will is more than just legal paperwork. It gives you peace of mind by:
- Distributing your assets as you choose
- Appointing guardians for young children
- Preventing family disputes
- Reducing legal and financial complications
If you die without a valid will in Australia, intestacy laws decide who gets what — and that may not match your wishes.
Step-by-Step: How to Write a Testament
1. List Your Assets and Liabilities
Start by making a list of what you own — property, superannuation, savings, personal items — and any debts.
2. Choose Your Beneficiaries
Decide who should inherit your estate. Be specific to avoid confusion. You can also name charities or community organisations.
3. Appoint an Executor
This person is responsible for managing your estate. Choose someone trustworthy, organised, and willing to take on the role.
4. Nominate Guardians (If Applicable)
If you have children under 18, you should name a guardian in your will to care for them in your absence.
5. Write the Will
There are many ways to begin writing a last will, including DIY kits or using a solicitor. Regardless, it must be clear, structured, and legally valid.
6. Sign and Witness
Your will must be signed by you and two adult witnesses (not beneficiaries). This step is crucial to make your will enforceable.
For added peace of mind, consider seeking legal expertise to ensure everything’s covered and compliant with your state laws.
Updating Your Will
Life changes — so should your will. Major events like marriage, divorce, the birth of children or property changes mean you should review your document.
Making small amendments? Use a codicil. Making major changes? Consider drafting a new will entirely.
Storing Your Will Safely
Keep your will in a secure yet accessible place. Let your executor know where it's stored, whether that's with a lawyer, at home, or through a safe deposit service.
Common Mistakes to Avoid
- Forgetting to sign or date the will
- Using unclear language
- Not updating after major life changes
- Failing to communicate your wishes to loved ones
To prevent confusion, it's wise to speak to someone experienced in guidance and support.
Final Thoughts on How to Do a Will and Testament
Knowing how do you write a will and testament gives you the power to decide what happens after you're gone.
Whether you're wills and testaments planning for the first time or updating an existing document, clarity and intention are key.
Creating a will is an act of love — a gift to those you leave behind. Take the time today to plan wisely and ensure your legacy is protected.