Shawn Bradley 
Creating a legally binding will is a task many Australians wonder if they can handle themselves. The good news? You can indeed write your own will without professional help in many situations. While simple estates often suit a DIY approach, more complex circumstances might benefit from professional guidance. Consulting with will and estate lawyers in Melbourne and elsewhere can provide peace of mind for those with complicated financial situations.
Key Takeaways
- Self-written wills are legally valid in Australia if they meet specific formal requirements
- DIY wills work best for straightforward estates with clear beneficiaries
- State-specific regulations may affect how you draft and execute your will
- Common mistakes can invalidate your will or create family disputes later
- Complex situations typically warrant professional legal advice
Legal Requirements for a Valid DIY Will
For your self-written will to stand up legally in Australia, certain requirements must be met. You must be at least 18 years old (with some exceptions) and have testamentary capacity, meaning you understand the nature and effect of making a will, the extent of your property, and who might reasonably expect to benefit from your estate.
A valid will must include a clear statement of intention, your full legal name, and be properly dated. You must sign it in the presence of two independent witnesses who must also sign the document. These witnesses cannot be beneficiaries or spouses of beneficiaries, as this could invalidate their inheritance.
“Many Australians believe writing their own will is complicated, but with careful attention to legal formalities and clear drafting, a DIY will can be valid and effective for straightforward estates.” – Pearsons Lawyers
While handwritten wills are technically legal, typed documents are preferable for clarity. Each page should be numbered, and you should initial each page to prevent allegations of tampering.
The Pros and Cons of DIY Wills
Writing your own will offers several advantages. It’s significantly cheaper than engaging a lawyer, with DIY kits available for under $50 compared to legal fees starting around $300-$1000. You maintain complete control over the process and can complete it on your own schedule.
However, DIY wills come with notable risks. Common problems include unclear wording that leads to disputes, formal execution errors that invalidate the will, and failure to consider all assets or tax implications. Without legal expertise, you might also miss opportunities for tax-effective distribution or fail to properly protect vulnerable beneficiaries.
State-Specific Requirements Across Australia
Will requirements vary slightly between Australian states and territories, making it essential to research the specific rules for your jurisdiction. For example:
- In Victoria, witnesses must be present when you sign and must sign in your presence
- Queensland recognises informal wills more readily than some other states
- New South Wales has specific rules about who can apply to be an executor
- Western Australia has particular requirements for witnessing and signing
- South Australia, Tasmania, ACT and Northern Territory each have their own nuances
If you own property in multiple states or overseas, additional complexities arise that might require professional help to navigate properly.
Step-by-Step Guide to Writing Your Own Will
If you decide to write your own will, following a methodical approach will help ensure its validity:
Start by creating an inventory of all your assets, including property, bank accounts, investments, superannuation, digital assets, and personal items. Also list any debts or liabilities.
Next, decide who your beneficiaries will be and who should receive specific items. Choose a trusted executor (and alternates) who will administer your estate. If you have minor children, appoint guardians.
When drafting, use clear, unambiguous language. Always use full legal names rather than nicknames. Include a residuary clause to cover any assets not specifically mentioned. Consider funeral directions if you have specific wishes.
Finally, execute the will correctly by signing it in the presence of two witnesses who must both be present simultaneously and also sign the document.
Common Mistakes That Can Invalidate Your Will
Many DIY wills fail because of avoidable errors. Formal mistakes include improper witnessing, missing signatures, or pages not being initialled. Content errors like vague descriptions (“my jewelry” rather than specific items) or forgetting beneficiaries also cause problems.
Other common mistakes include:
- Not updating your will after major life events like marriage, divorce, or births
- Using conditional clauses without clear definitions
- Forgetting to address digital assets or sentimental items
- Overlooking related documents like superannuation beneficiary nominations
- Making improper alterations after signing (crossing out or adding text)
These mistakes can lead to your will being challenged, misinterpreted, or even declared invalid.
When Professional Help Becomes Necessary
While simple estates often suit DIY methods, certain situations generally warrant legal advice. These include:
Blended families with children from different relationships, large or complex estates with multiple properties or investments, business ownership interests, and situations where family disputes are likely.
If you need to establish trusts, particularly for vulnerable beneficiaries or minor children, professional guidance is valuable. Tax considerations for large estates also benefit from expert input.
International connections – such as foreign assets or beneficiaries living overseas – introduce complications that typically require legal expertise to navigate properly.
Storing, Updating and Revoking Your Will
After creating your will, store it somewhere safe yet accessible to your executor. Options include a home safe, bank safety deposit box, with your solicitor, or with the state trustee service.
Review your will regularly, especially after major life events. To update your will, you can either write an entirely new will (recommended) or add a codicil for minor changes, which must be signed and witnessed like the original will.
To revoke a will, you can physically destroy it with the intention of revoking it, or create a new valid will that expressly revokes all previous wills. Simply writing “cancelled” on a will without proper witnessing is not sufficient.
Conclusion
Writing your own will is legally possible in Australia and can be a cost-effective option for those with straightforward financial and family situations. However, the process requires careful attention to legal formalities and clear drafting to create a valid document that truly reflects your wishes.
For those with complex estates, blended families, or significant assets, the peace of mind that comes from professional advice may well be worth the investment. If you’re uncertain about any aspect of your will, Pearsons Lawyers can provide the expertise needed to ensure your estate planning achieves your goals and protects your loved ones’ interests.
