The Basics of Making a Will Without Legal Jargon
A will is a written plan for what should happen to your belongings after you die. It can name the people who receive your property, appoint the person who manages the process, and explain who should care for children under 18. You do not need to write in formal legal language, but the document must be clear and follow the rules that apply in your Australian state or territory.
Making a will is often easier when the decisions are separated into small steps. You can list your assets, choose trusted people, consider your family situation, and then arrange a valid signing. Reliable general information, such as a clear starting point, can help you organise your thoughts before you speak with a solicitor or qualified estate-planning professional.
What A Will Does
A will gives instructions for distributing assets held in your own name. These may include money in bank accounts, shares, vehicles, jewellery, artwork, and real estate. It can also name an executor, the person responsible for locating assets, paying debts, handling paperwork, and distributing what remains to beneficiaries.
The table below explains several common estate-planning terms in everyday language:
| Term | Plain-English meaning | Why it matters |
|---|---|---|
| Will | Written instructions for your estate | Sets out who receives your assets |
| Testator | The person making the will | Must understand and approve the document |
| Executor | Person who carries out the will | Manages debts, applications and distribution |
| Beneficiary | Person or organisation receiving something | Should be identified clearly |
| Estate | Assets and liabilities dealt with after death | May include property, accounts and debts |
| Probate | Court process confirming a will | May be needed before some assets are released |
| Intestacy | Dying without a valid will | State law decides who inherits |
A will does not automatically control every asset. Jointly owned property may pass to the surviving owner, and superannuation is usually dealt with through the fund’s nomination process. Life insurance held inside super can also follow separate rules. Checking ownership and beneficiary arrangements is therefore just as important as writing the document.
Choosing People And Property
Start by making a private inventory. Record your home, investment property, savings, term deposits, shares, vehicles, valuable personal items, business interests, and significant digital accounts. You do not have to list every ordinary household object. A broad instruction such as “my personal belongings” may be suitable, while an expensive collection or family heirloom may deserve specific wording.
Then decide who should receive the estate and in what proportions. Some people leave everything to a spouse or partner, while others divide assets between children, relatives, charities, or friends. If a beneficiary dies before you, your will should explain what happens to that person’s share. You may want it to pass to their children, return to the remaining beneficiaries, or follow another arrangement.
The executor should be organised, trustworthy, and capable of dealing with banks, government agencies, insurers, and the courts. They do not need to be a lawyer. You can appoint a relative or friend, although an estate with a business, property in several states, family conflict, or complex tax matters may justify appointing a professional executor or asking a solicitor for help.
If you have children under 18, name a proposed guardian and discuss the choice with that person first. A will cannot guarantee that the court will make the appointment, because the child’s best interests are the central consideration. Still, your written preference gives decision-makers useful information during a difficult period.
Making The Document Valid
Australian will requirements are broadly similar, but the precise rules belong to each state and territory. In New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory, the document generally needs to be in writing, signed by the will-maker, and witnessed according to local law. Electronic signing and remote witnessing rules may be limited or temporary, so an online template should not be treated as automatically valid everywhere.
Usually, the person making the will signs while at least two eligible witnesses are present. The witnesses then sign as well. An adult beneficiary should generally avoid acting as a witness because receiving a gift under the will can create complications, even where the document itself remains valid. Using independent witnesses who are not beneficiaries is a sensible precaution.
You also need testamentary capacity. In simple terms, you should understand that you are making a will, know roughly what you own, recognise the people who might reasonably expect to benefit, and understand the effect of your choices. Age, illness, disability, or unfamiliarity with legal documents does not automatically remove capacity. However, if capacity could later be questioned, a solicitor may recommend a careful signing process and contemporaneous medical evidence.
A handwritten document, often called a holographic will, may sometimes be accepted by a court even when it does not meet every formal requirement. That is a last resort rather than a dependable planning method. A document downloaded from the internet can also fail because of unclear wording, missing witnesses, alterations, or contradictory instructions.
Situations That Need Extra Care
Marriage, divorce, separation, a new baby, adoption, or the death of a beneficiary should prompt a review. In many Australian jurisdictions, marriage can revoke an earlier will unless the will was made in contemplation of that marriage. Divorce may affect gifts to a former spouse, but separation alone may not have the same legal effect. A new relationship can also create competing expectations, especially when there are children from an earlier relationship.
Superannuation deserves separate attention. Your will may express your wishes, but the super fund generally pays according to its trust deed and the nomination held by the fund. A non-binding nomination gives the trustee discretion, while a valid binding death benefit nomination can direct payment to eligible beneficiaries for a specified period, subject to the fund’s rules. Check expiry dates and keep the nomination consistent with your broader estate plan.
Joint bank accounts and jointly owned homes can create similar surprises. A property owned as joint tenants will commonly pass to the surviving owner, while tenants in common may allow your share to pass under your will. In Sydney, Melbourne, Brisbane, Perth, Adelaide, or regional areas, a home may be the largest part of an estate, so checking the title with the relevant state land registry or a conveyancer can prevent an incorrect assumption.
Family provision laws allow certain eligible people to ask a court for further provision if the will does not adequately support them. A claim may involve a spouse, de facto partner, child, or another person who depended on the deceased, depending on the jurisdiction. Equal treatment is not always required, but a decision to exclude someone who may expect support should be recorded carefully and discussed with a solicitor.
Practical Steps Before You Sign
Good preparation reduces errors and makes a professional appointment more efficient. Keep a copy of your asset list, details of loans, insurance policies, superannuation accounts, business documents, and important contacts. Do not attach informal notes to the will unless they are legally reviewed; a casual letter can conflict with the signed document or create uncertainty.
Use plain descriptions rather than vague phrases. “My red car” may be unclear if you own more than one vehicle, while the make, model, registration details, or a broader instruction can identify it more reliably. For a bank account or investment, naming the institution and account type may help, but remember that account numbers and values can change.
A practical preparation checklist includes:
- List major assets, debts, insurance policies, super funds, and business interests.
- Confirm whether property and accounts are owned alone, jointly, or as tenants in common.
- Choose an executor and backup executor who are willing and available.
- Decide who should receive the estate and what happens if a beneficiary dies first.
- Discuss proposed guardianship with the relevant family members or trusted adults.
- Arrange independent witnesses and store the signed original safely.
Tell the executor where the original will is kept without giving them a power to change it. A bank safe-deposit box may create access difficulties after death, so ask the bank about its release process. Some Australians store documents with a solicitor, trustee company, or secure home filing system. Make sure the executor can locate the document quickly and knows whether an older version should be destroyed.
Reviewing And Updating Your Wishes
A will is not a set-and-forget document. Review it after marriage, divorce, separation, the birth or adoption of a child, a major purchase, a substantial inheritance, or a change in family relationships. Moving from Perth to Melbourne, buying an investment property in Queensland, or starting a business can also alter the practical and legal picture.
Keep the will, superannuation nominations, insurance beneficiaries, and ownership records aligned. If the will says one person should receive an asset but a binding nomination sends related money elsewhere, the overall result may not match your intention. Digital assets, cryptocurrency, online businesses, loyalty points, and photographs also need a practical access plan, although passwords should not usually be written directly into the will.
When making changes, prepare a new will or a properly executed codicil with professional guidance. Handwritten crossings-out, added pages, or verbal promises may be challenged. Significant changes are often clearer when the old will is formally revoked and replaced with a single updated document.
Store the current original separately from outdated versions and mark earlier copies as revoked where appropriate. Tell the executor which version is current. A short review every few years, or after a major life event, helps keep your estate plan understandable, valid, and suited to your circumstances.