Making a will in New South Wales

Everything you need to make a valid will in New South Wales: the legal requirements, how to sign it, what happens if you don't have one, and the mistakes that cause wills to fail. The rules come from the Succession Act 2006 (NSW).

The four requirements for a valid will in NSW

1. You must be at least 18 (with narrow exceptions, such as a person who is married).
2. You must have testamentary capacity — you understand that you are making a will, broadly what you own, and who might reasonably expect to be provided for.
3. The will must be in writing and signed by you. Handwritten or typed both work.
4. 2 witnesses must be present at the same time and sign while you watch.

Nothing else is required. No registration, no notary, no lawyer present at signing.

NSW will requirements in detail

What happens if you don't have a will in NSW

Your estate is divided by the statutory formula in Chapter 4 of the Succession Act 2006 (NSW). In New South Wales a surviving spouse generally takes the whole estate where all children are also that spouse's children — but children from an earlier relationship change that outcome. Stepchildren generally receive nothing unless legally adopted, and a separated-but-not-divorced spouse may still inherit.

The mistakes that cause NSW wills to fail

• A beneficiary acting as a witness. The gift to that person can fail while the rest of the will stands.
• Witnesses signing at different times. They must be together when you sign.
• No residue clause. Whatever the will does not specifically deal with passes under the intestacy rules.
• Handwritten amendments added later without being signed and witnessed.
• Naming only one beneficiary with no substitute if that person dies first.
• Leaving the original where nobody can find it. A photocopy is not the will.
• Never updating it after marriage, separation, a new child, or buying property. In some circumstances marriage can revoke an earlier will.

After death: probate in New South Wales

Your executor applies to the Supreme Court of NSW Probate Registry for a grant of probate, which confirms the will is valid and gives them authority to deal with your assets. Banks and the land registry generally will not release anything until the grant issues. A clear, correctly executed will with a named executor makes this straightforward; an unclear or improperly signed one turns it into a contested application.