Last Will and Testament Template
What is a last will and testament?
A last will and testament template allows you to create a legally valid will that sets out how you want your assets distributed after death. It includes provisions for appointing an executor to manage your estate and a guardian for minor children.
Each Australian state and territory has its own legislation governing wills. Without a will, your estate is distributed according to intestacy laws - which may not reflect your wishes.
Why you need a will
Having a valid will ensures that you decide who inherits your assets - not the government. A will allows you to:
- Appoint an executor you trust to manage your estate
- Appoint a guardian for minor children
- Reduce the risk of family disputes after death
A will is particularly important after separation or divorce - you should update your will to reflect changed circumstances. A new relationship, marriage, or divorce can automatically revoke an existing will in most states.
What does a will cover?
A comprehensive will addresses the following matters:
- Appointment of an executor (and substitute executor)
- Distribution of assets (specific gifts and residuary estate)
- Guardianship of minor children
- Funeral wishes
- Trusts for minor beneficiaries
- Specific bequests (items, amounts to specific people)
- Residuary clause (everything not specifically gifted)
Wills and family law
Separation and divorce can affect your will in significant ways:
- In most states, divorce automatically revokes any gifts to your ex-spouse
- Separation alone does NOT revoke your will - your ex may still inherit
- After separation, you should immediately update your will
- A binding financial agreement does not replace a will
If you're going through a separation, making a new will should be a priority. This is why we offer this template alongside our family law agreement templates.
Requirements for a valid will in Australia
To create a valid will in Australia, the following requirements must be met:
- You must be 18 or older (exceptions apply in some states)
- You must have testamentary capacity (understand what you're doing)
- The will must be in writing
- You must sign the will in the presence of two witnesses
- Both witnesses must sign in your presence and in each other's presence
- Witnesses must not be beneficiaries under the will (or their gift may be void)
- Requirements vary slightly by state - our template includes state-specific notes
Choosing an executor
The executor manages your estate - pays debts, distributes assets, and handles probate. Choose someone you trust: a family member, close friend, or professional (solicitor, trustee company).
Always appoint a substitute executor in case your first choice is unable to act. The executor can also be a beneficiary. Consider the complexity of your estate when choosing.
Guardianship of children
If you have minor children, your will can nominate a guardian. This is a wish, not a binding direction - the Family Court has final say. However, courts give significant weight to a parent's wishes expressed in a will.
Discuss guardianship with your chosen guardian before including them in your will.
When to update your will
You should review and update your will in the following circumstances:
- After separation or divorce
- After getting married (marriage typically revokes an existing will)
- After entering a de facto relationship
- After the birth or adoption of a child
- After acquiring significant assets
- After an executor or beneficiary passes away
- After any significant change in circumstances
Frequently asked questions
Does divorce cancel my will?
In most Australian states, divorce automatically revokes any gifts or appointments in favour of your ex-spouse. However, the rest of your will remains valid. You should still make a new will after divorce.
Does separation affect my will?
Separation alone does NOT change your will. Your separated spouse may still inherit everything. This is why making a new will immediately after separation is critical.
Can I write my own will?
Yes. There is no legal requirement to use a lawyer to make a will in Australia. Our template provides the structure and guidance to create a valid will yourself. For complex estates (businesses, trusts, overseas assets), consider professional advice.
Do I need to register my will?
No. There is no will registry in Australia (except the NSW Will Registry). Store your will safely and tell your executor where to find it. Keep the original - copies are generally not accepted for probate.
What happens if I die without a will?
Your estate is distributed according to intestacy laws, which vary by state. Generally, your spouse and children inherit in set proportions. If you have no spouse or children, assets pass to other relatives. If no relatives can be found, your estate goes to the government.
Can my will be challenged?
Yes. A will can be challenged on grounds including: lack of testamentary capacity, undue influence, and that the will doesn't adequately provide for a spouse or child (family provision claims). Proper execution and clear provisions reduce the risk.