Considering will kits? Here are some tips on how to write a new legally binding will

Writing a Will that will stand up in a court of law is best left up to the experts but there are a few things to consider when preparing your will and testament. Here are some tips on what you should consider throughout the process to ensure your will is legally binding, so you get the last word on how to divide your assets and who looks after your children (if they are minors) and pets.

For a will to be a considered a legal document, you need to be eighteen (18) years of age or older. There are some limited cases where a person younger than 18 can make a will, but in such cases, we suggest seeking expert legal advice. Ensure your full name it correctly written, as well as your current address and identification details.

Make certain it has been clearly stated you are of sound mental health and you are revoking all other wills that you may have executed before. This is important incase the will is contested and if there are several versions, it is important to know which is the most current and thus the legally binding version.

The next step is to appoint an executor and beneficiaries for your will. The executor is the person who carries out your instructions and administers your estate after your death, and those who will be given assets or appointed guardianship of your children are beneficiaries.

Ensure there is a date and your signature on each page, and there is at least two witnesses sign the will to ensure the document is legal. Creating your will with a lawyer or in front a notary makes sure the will is legal and is a good step to take to avoid any disputes.

Although it may seem more cost-effective to prepare your own will, ideally a will should be written with the help of experienced lawyers to avoid any disputes and ensure your last will and testament is fully carried out. Please feel free to contact our Estate Team during business hours on 1800 770 780 for advice on how to write a will.

Administration of an Estate – Grant of Probate or Letters of Administration
Assets and Liabilities of an Estate
Contracts Involving Wills
Executors’ Obligations
General & Enduring Guardianship
General & Enduring Power of Attorney
Intestacy Rule
Legal Capacity and Wills
Living Wills and Mutual Wills
Not-For-Profit Organisations: Wills & Bequests
Retirement Village & Aged Care Advice
Retirement Village Accommodation
Revoking a Will
Special Disability Trusts – What Are they and How Can they Assist you

Succession Planning
Testamentary Trusts
vBlog – Estate Law
Ways to change your Will
Advanced Care Directives
Dementia and the Law
Does A Person Have Capacity To Make A Will?
Enduring Guardianship
How to begin dealing with a Deceased Estates
FAQ about Probate & Executor Duties
Family Provision Act Claims and Estates Disputes
FAQ about Planning For Your Future
Farm Succession Planning
FAQ about Wills & Estate Planning

Guardianship Tribunal Appeals
Granny Flats
How To Write A Will
Notary Public
Power of Attorney
Reviewing Your Trust Deed
Retirement Village & Aged Care Advice
Self Managed Super Funds and Estate Law
Superannuation Complaints Tribunal
Special Disability Trusts
Special Disability Trusts – extension to CGT relief
Substitute decision-making
The Succession Act
Transition to Aged Care
Wills & Estate Planning

How can we help?


Fill out the form below and we’ll get in touch with you to discuss how we can help