There is no single Australian wills act. Each state and territory has its own legislation, so the rules that decide whether your will is valid — and who inherits if you don't have one — depend on where you live. The core requirements are similar everywhere; the detail that catches people out is not.
"Spouse takes all" describes the common case where a person dies without a will leaving a spouse and children who are all children of that spouse. Children from an earlier relationship change the result in every jurisdiction. This table is a summary, not a substitute for advice on your circumstances.
What is the same everywhere in Australia
The will must be in writing. Handwritten or typed both count. A spoken or video-only will is not a valid will anywhere in Australia.
You must sign it — or someone may sign for you, in your presence and at your direction, if you physically cannot.
Two witnesses must be present at the same time and sign while you watch. This is the requirement most homemade wills fail.
Witnesses should not be beneficiaries. A gift to a witness can fail while the rest of the will survives.
18 is the general minimum age, with narrow exceptions such as a person who is married.
No registration, notary or lawyer is required. A correctly signed and witnessed will is valid on its own.
Every jurisdiction has a dispensing power letting its Supreme Court admit an informal document as a will — but only after a costly, slow and uncertain court application.
What differs, and why it matters
The biggest practical difference is who inherits when there is no will. In New South Wales, Victoria and Tasmania a surviving spouse generally receives the whole estate where all the children are also that spouse's children. In Queensland, Western Australia, South Australia, the ACT and the Northern Territory the estate is generally divided between the spouse and the children instead. Many people assume their partner automatically inherits everything. In five of the eight jurisdictions, that assumption is wrong.
The section number of the dispensing power, the name of the probate registry, and the fine detail of the intestacy formulas also differ. Choose your state below for the specifics.
Choose your state or territory
Making a will in ACTHow to make a valid will in the Australian Capital Territory. Age and witness requirements under the Wills Act 1968 (ACT), what happens if you die without a will, and probate.
Making a will in NSWHow to make a valid will in New South Wales. Age and witness requirements under the Succession Act 2006 (NSW), what happens if you die without a will, and probate.
Making a will in NTHow to make a valid will in the Northern Territory. Age and witness requirements under the Wills Act 2000 (NT), what happens if you die without a will, and probate.
Making a will in QLDHow to make a valid will in Queensland. Age and witness requirements under the Succession Act 1981 (Qld), what happens if you die without a will, and probate.
Making a will in SAHow to make a valid will in South Australia. Age and witness requirements under the Succession Act 2023 (SA), what happens if you die without a will, and probate.
Making a will in TASHow to make a valid will in Tasmania. Age and witness requirements under the Wills Act 2008 (Tas), what happens if you die without a will, and probate.
Making a will in VICHow to make a valid will in Victoria. Age and witness requirements under the Wills Act 1997 (Vic), what happens if you die without a will, and probate.
Making a will in WAHow to make a valid will in Western Australia. Age and witness requirements under the Wills Act 1970 (WA), what happens if you die without a will, and probate.
Which state's rules apply to me?
Generally the law of the state where you are domiciled — broadly, where your permanent home is — governs your will, while land is governed by the law of the state where the land sits. If you have recently moved interstate, own property in more than one state, or split your time between two, get advice rather than guessing. A single will drafted properly can deal with assets across multiple states.
Making the will itself
Once you know the rules for your state, the practical questions are usually the same three. Is an online will legal in Australia? — yes, provided it is signed and witnessed correctly. What if we are a couple? — you need two separate wills, not one joint document. And which service should you use? — we compare the Australian options honestly, including where a competitor is the better buy.
General information, not legal advice. This page summarises wills legislation across eight Australian jurisdictions and is pending final review by Shad Partners Solicitors & Conveyancers. It cannot account for your circumstances.