Draft a Will — Write a Will — Create a Will

Primarily, a valid will expresses your wishes regarding the distributions of your property after your death. Amongst other things, wills can also express your wishes about guardianship of minor children, they can create tax-effective legal structures for the benefit of your loved ones and may also express your wishes regarding your remains and funeral preferences.

• For a will to be deemed “valid” it must be in writing and signed by you (the “testator”) (or by some other person over 18 years old, in your presence and at your direction).
• Your signature made on your will or acknowledged by you in the presence of 2 or more witnesses present at the same time.
• You must have testamentary capacity to execute the will
• You must know the contents of your will and approve such contents.

• You must be at least 18 years old when signing the will (or if you are under 18 years old the court you can apply to the court authorise your will).
• You must have the mental capacity to know and approve how your will operates

• You must intend for the document to be your last will.
• You must understand how the will deals with your property.
• You must give instructions for the will to be prepared in the way it was when you signed it.

No, you do not need to register your will.

Unlike in some countries, it is unnecessary to “register” your will in Australia, and there is no registration authority. It may be prudent however to keep the original in the same keeping of the drafting solicitor, and to give copies of the executors named in your will.

If you don’t make a will before passing away the distribution of your assets will be determined by state laws. These laws will also determine who will be the representative of your estate.

Passing away intestate (i.e. without a will) often results in greater stress, fees and delays for your loved ones. This is because they will be burdened with additional requirements to gain administrative powers over your estate, such as tracking down various birth, death, marriage and divorce certificates, whether from Australia or abroad. Often such certificates need formal translation, are hard to find and great delays occur when dealing with foreign registries. For such reasons, we suggest that you contact our will drafting solicitors today for a no-obligation chat.

If you die without a will, your family will need to make an application for Letters of Administration. You can read more about these applications here.

When deciding how you wish to divide your assets upon your death, it is important to know which assets you own personally and those that are owned as ‘joint tenants’ and will not form part of your “estate” when you die. You can include almost any of your assets or personal possession in your will, including:

• Real estate you hold, solely or as a tenant-in-common.
• Bank accounts.
• Shareholdings.
• Long service leave.
• Nursing home bonds.
• Motor vehicles (e.g., car, bike, boat or even an aeroplane).
• Other personal property (e.g., a watch, jewellery, pets, plants, shoes and bag collections, vinal records).