Is a DIY Will in Australia Enough? What a Basic Will Template Does and Doesn’t Cover

A DIY or template-based Will can be a practical option if your estate is straightforward, your beneficiaries are clear, and you personally own most of your assets. But a Will template in Australia is only one part of estate planning.

A legally executed Will that covers the assets you actually control might be sufficient. However, if your estate involves trusts, businesses, complex beneficiary arrangements, or significant assets outside the estate, consider additional estate-planning documents and legal advice.

In this guide, we help you determine whether you need that extra bit of help with estate planning.

Is a DIY Will legally valid in Australia?

Yes. Australian succession law doesn’t usually require that a Will be drafted by a lawyer.

However, a Will in Australia should include the following details:

1. The Will must record your testamentary intentions.

A Will is intended to record what you want to happen to property and other assets that form part of your estate after your death. It should clearly identify the people or organisations you intend to benefit and the person or people you appoint to administer your estate.

2. You need testamentary capacity.

The Will-maker must have the required legal capacity to make the Will. This includes understanding that they are making a Will and the nature and effect of the document.

3. The Will must be properly executed.

The formal requirements for proper execution are determined by state and territory succession legislation.

For example, in NSW, a Will must be in writing, signed by the Will-maker (or by another person at their direction and in their presence), and the signature must be made or acknowledged in the presence of at least two witnesses present at the same time.

Is a DIY Will enough for your situation?

What happens if a Will is improperly drafted?

A Will can be signed and witnessed perfectly and still cause problems if the drafting doesn’t clearly and completely express your wishes. Poor drafting tends to create issues that only surface after death, when the Will-maker is no longer around to explain what they meant.

Depending on the wording and the circumstances, a poorly drafted Will can lead to:

• Uncertainty about your intentions. If a gift or clause is ambiguous, your executor and beneficiaries may disagree about what you meant, and a court may need to interpret the wording.
• Gifts that fail. A gift can fail if the asset no longer exists, the beneficiary has died, or the description is unclear, and the intended beneficiary may receive nothing.
• Assets that aren’t dealt with. If the Will doesn’t cover everything you own, the leftover assets may pass under intestacy rules rather than to the people you intended.
• Unintended outcomes. Wording that doesn’t do what you assumed can distribute your estate in a way you never wanted.
• Disputes, delay and cost. Ambiguity and gaps are a common trigger for family conflict, family provision claims, and applications to the court, all of which add time and expense for your executor.

In some cases, a court can rectify a Will or construe unclear wording to give effect to the Will-maker’s intentions. But that generally means additional evidence, delay, expense, and uncertainty for the people administering your estate, with no guarantee the outcome Will match what you actually wanted.

This is why the words in a Will matter as much as the signatures on it. A template can help you avoid starting from a blank page, but it still needs to reflect your actual circumstances and intentions rather than a generic set of assumptions.

Here is a quick overview table to help you plan your Will.

Your situation	Can a basic Will address it?	Additional step to consider
Straightforward, personally owned assets	Generally, yes	Make and correctly execute the Will
Superannuation	Not automatically	Review your death benefit nomination
Jointly owned property	Depends on ownership	Check whether the property is held as joint tenants or tenants in common
Family/discretionary trust	No, not directly	Review the trust deed and succession/control arrangements
Company ownership	Potentially, for personally owned shares	Review the constitution, shareholders’ agreement, and succession arrangements
Minor children	Yes, for guardianship and testamentary arrangements	Review guardianship and any trust provisions
Blended family	Potentially, but complexity increases	Consider tailored estate planning advice
The beneficiary needs asset protection or long-term management	A basic outright gift may be insufficient	Consider a testamentary trust or tailored provisions
Specific survivorship requirements	Yes, if appropriately drafted	Check the survivorship period and applicable law
Assets in multiple jurisdictions	Potentially more complex	Obtain legal advice on the relevant jurisdictions

What does a basic Will actually cover?

A basic Will generally deals with the assets that form part of your deceased estate and can set out matters such as:

• Who your executor Will be.
• Who receives your estate
• Specific gifts of property or money
• How the remainder of your estate is distributed
• Arrangements concerning minor children, such as appointing a guardian where the applicable law permits

Lawpath’s Will template is designed to help you document these core decisions. You can also customise the template to your specific needs.

Does your Will control what happens to your superannuation?

Not automatically. Superannuation doesn’t simply become part of your deceased estate in every case.

Superannuation payment after death is generally called a superannuation death benefit. The super fund’s governing rules and applicable law determine how that benefit is dealt with.

This means you need to consider your superannuation and Will arrangements together. There are several parties and documents involved:

• The Will: Deals with assets that form part of your estate.
• The superannuation fund: Holds your super and is responsible for dealing with the death benefit under its rules.
• The fund trustee: Generally, determines who receives the death benefit when the fund’s rules give it discretion.
• Binding death benefit nomination: When available under the fund’s rules, it can direct the trustee to pay the benefit to specified eligible beneficiaries or your legal personal representative.
• Non-binding nomination: Tells the trustee who you would prefer to receive the benefit, but doesn’t generally bind the trustee in the same way.
• Legal personal representative: Usually, this is the executor or administrator of the deceased’s estate.
• Deceased estate: May receive the superannuation death benefit if the fund pays it to the legal personal representative, after which the benefit is dealt with under the Will.

If the fund rules allow, a member can make a binding or non-binding nomination. In the latter case, or if you make no nomination, the trustee may exercise their discretion or pay the benefit to the deceased’s legal personal representative.

This is why simply naming someone in your Will doesn’t necessarily mean they Will receive your superannuation.

Does a Will control jointly owned property?

It depends on how the property is owned. For real property, the distinction between joint tenants and tenants in common can determine whether your interest passes under your Will.

Ownership	What generally happens when one owner dies?
Joint tenants	The deceased owner’s interest generally passes automatically to the surviving joint tenant through survivorship and doesn’t form part of the deceased estate.
Tenants in common	The deceased person’s share can generally form part of their estate and be dealt with under their Will.

This is an important check before assuming that a Will covers your home simply because you own it.

Can a DIY Will deal with a family trust?

Usually, not by simply giving the trust assets away in the Will.

Assets in a discretionary or family trust are generally held by the trustee for the benefit of the trust rather than personally owned by the Will-maker. As such, the estate-planning question becomes one of control and succession.

If you are involved in a family or discretionary trust, you may need to consider:

• Who is the current trustee?
• Is the trustee an individual or a company?
• Who owns shares in the trustee company?
• Who holds the appointor, principal or equivalent role?
• What does the trust deed say about changes to control?
• What happens to those roles when you die?
• Does your proposed Will align with those arrangements?

For example, a person might write in their Will that they want their child to receive the "family trust". But the trust’s assets are not necessarily personally owned and can’t be gifted in the same way as a bank account.

This means you need to consider the relevant trust deed and succession of control alongside the Will.

Can you leave a business to someone in your Will?

Potentially, but first identify what you actually own. You may need to look beyond the Will to leave your business to someone else.

The answer can differ depending on the structure of the business:

• Sole trader business: You likely personally own your business assets, and they potentially form part of the estate.
• Company: You generally own shares in the company rather than personally owning the company’s underlying assets.
• Trust: The business or its assets may be held through the trust.
• Partnership: Your partnership interest is governed by the partnership agreement and applicable law.

If you’re a shareholder in a company, your Will may deal with your shares. However, the person who receives them can’t simply take over the business. The company constitution, shareholders’ agreement, buy-sell arrangements, and other succession provisions may affect what happens.

When might a basic Will need additional planning?

A basic Will is more likely to be insufficient if your estate involves relationships, assets, or instructions that don’t fit neatly into a standard distribution.

You have a blended family

If you have a current spouse or de facto partner, children from a previous relationship, former partners or stepchildren, deciding who receives your estate can become more complicated.

If you are concerned about how your estate Will be divided between a current partner and children from a previous relationship, tailored estate-planning advice can help identify potential issues before the Will is signed.

You have minor children

A Will can include arrangements concerning guardianship and the management of assets for children, but the appropriate structure depends on your circumstances.

Ask:

• Who should care for your children if you die?
• Who should manage assets inherited by them?
• At what age should they receive significant assets?
• Is a testamentary trust appropriate?

A basic outright gift to a minor may not achieve the same outcome as a carefully structured trust arrangement.

Your beneficiary needs ongoing financial management

If a beneficiary is young, financially vulnerable, or likely to need long-term management of inherited assets, an outright gift may not be appropriate.

A testamentary trust can sometimes provide a framework for managing inherited assets after death. The appropriate structure depends on the circumstances and should be considered as part of the wider estate plan.

You want to exclude someone who might otherwise expect provision

Writing "I leave nothing to X" doesn’t necessarily mean the person can never make a claim against the estate.

Each state and territory has its own succession and family provision laws. If you anticipate a dispute or believe someone may challenge your estate plan, this is a strong reason to obtain tailored legal advice rather than relying solely on a standard template.

You own a business or interests in a trust

As discussed above, ownership and control can be separate from the assets that appear to belong to you personally.

If you own shares in a company, control a trust, or operate a business, review the relevant governing documents alongside your Will.

You have assets outside Australia

Property and other assets located overseas can be subject to different succession laws and administrative requirements.

If your estate crosses international borders, a standard Australian Will may not be sufficient to deal with every issue. Obtain advice on the treatment of assets in each relevant jurisdiction.

You want conditional gifts or unusual distribution arrangements

The more your instructions depart from straightforward gifts, the more important careful drafting becomes.

Examples include:

• Gifts subject to conditions
• Complicated substitution arrangements
• Gifts that depend on a beneficiary surviving you for a particular period
• Arrangements involving trusts
• Different distribution rules for different classes of beneficiaries

These are situations where the question is no longer simply whether the template contains a suitable box to tick. It is whether the resulting legal wording accurately implements your intention.

What is a survivorship clause in a Will?

A survivorship clause specifies how long a beneficiary must survive the Will-maker before becoming entitled to a gift.

For example, a Will might provide that a spouse must survive the Will-maker by a specified number of days. If the spouse dies within that period, the gift may instead pass to a substitute beneficiary.

The practical purpose can include:

• Reducing the likelihood of assets passing through two estates following deaths close together.
• Making clear which substitute beneficiary should receive a gift
• Coordinating gifts when spouses or partners die at or around the same time

The exact effect of survivorship provisions can depend on the applicable state or territory succession legislation. It’s important to make sure the wording is appropriate for your jurisdiction.

How do you correctly sign and witness a DIY Will?

A template can be well drafted and still cause problems if it is not executed properly.

The exact Will witnessing requirements in Australia vary between states and territories. Ordinarily, the Will-maker needs to sign and acknowledge their signature in the presence of two witnesses. Then, the witnesses sign as witnesses.

Before signing, check:

• Is the document in writing?
• Are you signing the final version?
• Are the required witnesses present at the same time?
• Can the witnesses properly witness your signature?
• Do the witnesses then sign as required?
• Are any changes or alterations dealt with correctly?
• Have you checked whether a beneficiary should act as a witness?
• Are you following the execution requirements of the state or territory that applies to your Will?

Here is a quick overview of the different state and territory requirements.

Jurisdiction	Ordinary execution	Details	Relevant Legislation
NSW	Two witnesses present at the same time	Written Will; signed/acknowledged before 2 witnesses. Beneficiaries should generally not witness.	Succession Act 2006 (NSW)
Victoria	Two witnesses	Written Will; signed/acknowledged before 2 witnesses. Remote witnessing is permitted under a specific statutory procedure.	Wills Act 1997 (Vic)
Queensland	Two witnesses present at the same time	Written Will; signed/acknowledged before 2 witnesses. Beneficiaries should generally not witness.	Succession Act 1981 (Qld)
South Australia	Two adult witnesses	Written Will; signed/acknowledged before 2 witnesses. Independent witnesses are recommended.	Succession Act 2023
Western Australia	Two witnesses	Written Will; signed/acknowledged before 2 witnesses.	Wills Act 1970 (WA)
Tasmania	Two witnesses	Written Will; signed/acknowledged before 2 witnesses. Beneficiaries should generally not witness.	Wills Act 2008 (Tas)
ACT	Two witnesses	Written Will; signed/acknowledged before 2 witnesses.	Wills Act 1968 (ACT)
Northern Territory	Two witnesses	Written Will; signed/acknowledged before 2 witnesses.	Wills Act 2000 (NT)

Note: Always consult specific legislation for nuances such as interested witness rules or remote witnessing.

What happens if a DIY Will is signed incorrectly?

An incorrectly signed Will doesn’t necessarily mean that every expression of your wishes is automatically ignored. But it can create a much more complicated probate process.

Depending on the jurisdiction and circumstances:

• The executor may have difficulty obtaining probate.
• Additional evidence may be required.
• A court may need to determine whether an improperly executed document was intended to operate as the Will.
• If the document can’t be admitted as a Will, an earlier valid Will or intestacy rules may determine how the estate is dealt with.

The fact that a court may be able to rescue an improperly executed document is not a reason to sign a DIY Will incorrectly. It can mean additional evidence, delay, expense, and uncertainty for the people administering the estate.

DIY Will template or lawyer: which option suits your estate?

Your specific choice depends on the complexity of your situation. Here is a useful tool for decision-making.

DIY / template Will may suit	Consider tailored legal advice
Straightforward estate	Family trust or complex business structure
Clear beneficiary arrangements	Blended family
Personally owned assets	Significant assets outside the estate
Straightforward executor appointment	Family provision concerns
Standard gifts and residual estate	Conditional or bespoke gifts
Standard guardianship needs	Complex testamentary trusts
You understand the execution requirements	Cross-border assets

How does the Lawpath Will template fit into estate planning?

So, can you make your own Will in Australia, and is a Will kit legally binding?

Sometimes.

The important question is not whether your Will was created using a template. It is whether the document is properly executed, accurately expresses your wishes, and fits into the rest of your estate plan.

The Lawpath Will template is designed for people who want to document straightforward estate-planning instructions without starting from a blank page.

The template can be used to address core Will decisions such as:

• Appointing an executor
• Identifying beneficiaries
• Making gifts
• Distributing the residual estate
• Including relevant standard testamentary instruction

A separate Will template is also available for Victoria.

If your estate involves trusts, business interests, complex family arrangements, or other issues identified in this article, Lawpath also provides access to estate-planning lawyers for tailored assistance.

FAQs

Sources

• Succession Act 2006 (NSW)
• Wills Act 1997 (Vic)
• Succession Act 1981 (Qld)
• Succession Act 2023 (SA)
• Wills Act 1970 (WA)
• Wills Act 2008 (Tas)
• Wills Act 1968 (ACT)
• Wills Act 2000 (NT)