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Legal Will Kits

Australian Will Kit

The Australian Will Kit available on LegalWillKits.org provides all the information you need to create a legal will. It includes a comprehensive guide to creating a will, along with examples of how your will may be written.

Here are some common questions:

What is a Will?

A Will is a legal document that sets out how your property is to be divided after your death. Under the Will, an executor is appointed who will look after your estate. The executor must:

  • Collect all your assets
  • Pay all your debts
  • Distribute your estate in accordance with your Will

Legal Wills do not come into effect until after you die, so it is important that you think carefully about your Will.

Why should I make a Will?

If you do not make a legal Will, your estate will be distributed using a fixed formula determined by the government. This formula is applied regardless of your situation. However, if you make a Will:

  • You can decide how to divide your estate between family, friends and charities
  • You can appoint who you wish to administer your estate
  • You can indicate your preference as to a guardian for your children.

What happens if I die without a will?

If you die without having made a will, you are said to have died “intestate”. If this happens, your next of kin will have to apply to the Supreme Court for Letters of Administration, which will allow them to distribute your estate in a certain way. 

Who can make a will?

You can make a will if you are over 18 years of age and are of sound mind. You must know that you are making a will, understand the nature and effect of the proposed will and that you are distributing your property according to your own intentions.

Do I need a solicitor to create a Will?

There are no formal requirements for your will to be created by a solicitor. Any person in Australia can create their own will, subject to the requirements detailed in the next paragraph.

So long as you are over 18 years of age, of sound mind and adhere to these requirements when creating your will, it is a valid legal document. The Will Kits provided by LegalWillKits.org provide a sound framework for you to create your own Will without the expense of engaging a solicitor.

Formal requirements for making a will

The key requirements for a valid will are:

  • the will must be in writing;
  • the will must be signed by the testator (you) at the end of the will;
  • the testator’s signature must be witnessed by two witnesses. (A beneficiary or their spouse cannot witness a will. If they do they may lose their entitlements under that will);
  • the witnesses must sign the will in the presence of the testator and each other.
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