Making a Will

• DIY will kit — the cheapest option, and fine for a simple estate. The risk is a mistake that makes the will invalid, which nobody finds out about until it matters.
• Online will services — you answer questions and the document is built for you. Some are free, others charge a one-off fee. Some include a lawyer's review; check whether the one you're using does.
• A solicitor — costs more, and is worth it when the estate isn't simple: a blended family, a business, a trust, or property in more than one state, or overseas.
• Public Trustee — each state and territory has one, and many will write a will for you. Some do it free, some charge a fee, and who's eligible differs; check your own state or territory's page. They usually require being appointed as executor.

• Executor — who manages the estate (choose carefully, it is real work)
• Guardian for minor children
• Specific gifts (the watch to Jamie, the painting to Mum)
• Residuary estate — everything else, and who gets what percentage
• Funeral wishes (not legally binding but helps the family)
• Charitable bequests if any

You need two adult witnesses (18+) who are both present at the same time, watching you sign the will. You do NOT need a Justice of the Peace or a solicitor — any two adults can witness, as long as they meet the rules below.

• Both witnesses must be present together when you sign
• Both witnesses then sign in your presence
• Witnesses should NOT be beneficiaries of the will. In most states, if a witness is also a beneficiary, their gift is void. Victoria is an exception — witness-beneficiary gifts may still be valid there, but it is best avoided everywhere.
• Witnesses should not be the spouse or partner of a beneficiary
• The will-maker must have mental capacity and be signing voluntarily

• Not signed or witnessed properly
• A beneficiary acting as a witness (void gift in most states)
• Made while lacking mental capacity
• Not revoking a previous will explicitly
• Marriage revokes a will in all Australian states and territories — unless the will was made "in contemplation of that marriage." If you marry, make a new will.
• Divorce does not revoke the entire will, but in most states it removes the ex-spouse as beneficiary and executor. Tasmania is an exception — in TAS, divorce does NOT automatically affect the will at all. Check with a solicitor.

NOT just in a drawer. Options: with your solicitor, the Public Trustee, a bank safe deposit box, or a fireproof safe at home. Tell your executor where it is.

• After marriage (old will is revoked)
• After divorce
• After the birth or adoption of a child
• After buying or selling property
• After a major change in assets or circumstances
• If your executor or guardian dies or becomes unsuitable
• Every 3-5 years as a general check