⚠️ This guide was researched and updated in May 2026. Laws and regulations change frequently. For specific legal advice regarding your jurisdiction, please consult with local legal counsel.
Do I Need a Solicitor to Write a Will in Australia?
No Australian state or territory requires you to use a solicitor to make a will. What each one does require is that the will is signed and witnessed the way its succession legislation says. This guide sets out what that means and where advice tends to help.
The short answer
No. A will you write yourself, or make with an online will service, can be just as valid as one drafted by a solicitor, provided it meets the signing and witnessing rules of your state or territory.
Across Australia that generally means a written will, signed by you in the presence of two adult witnesses who then sign in your presence. The courts have a dispensing power to admit an informal document in some circumstances, but relying on it is expensive and uncertain, so it is not a substitute for signing properly.
A solicitor, or your state or territory public trustee, adds judgement rather than paperwork. Superannuation, family provision claims and blended families are the usual reasons people take advice. See also making a will in Australia.
What tends to tip the balance
None of these makes a solicitor compulsory. They are the situations where people most often decide the extra cost is worth it.
Superannuation in the estate
Super is generally not covered by your will unless it is paid to your estate. A binding death benefit nomination is a separate step people often overlook.
A likely family provision claim
Eligible people can apply to the court for provision from an estate in every state and territory. Who is eligible, and the time limits, vary considerably.
A blended family
Second marriages, stepchildren and children from an earlier relationship are the most common source of contested estates in Australia.
A business, farm or trust
Company shares, a family farm or a discretionary trust usually need a succession plan that sits alongside the will rather than inside it.
Assets overseas
Property in another country may be governed by that country’s succession rules, which can conflict with an Australian will.
Straightforward estate, clear wishes
An estate in one state left to a spouse or adult children is the case a structured online will most commonly covers well.
What actually decides whether an Australian will is valid
It is in writing
A will must be a written document. Australian courts can admit an informal document under the dispensing power, but that is a costly court application, not a plan.
You sign it
You sign the will with the intention of giving effect to it, or someone signs at your direction and in your presence where the legislation allows.
Two witnesses, present together
Two adult witnesses must generally see you sign and then sign themselves. A beneficiary who witnesses the will may lose the gift, so choose neutral witnesses.
State law governs, not the drafter
Validity turns on whether the will meets your state or territory’s requirements, not on who prepared it. The route you choose does not, by itself, make a will stronger.
Frequently asked questions
Is a will legal in Australia without a solicitor?
Yes. A will made without a solicitor is valid if it meets your state or territory’s requirements on writing, signing and witnessing. If your circumstances are complicated, consider speaking to a qualified professional where you live.
Can the public trustee write my will instead?
Every state and territory has a public trustee that prepares wills, sometimes at no upfront charge where it is appointed executor. Ask what the estate administration commission would be before you decide, as that is where the cost usually sits.
Does my will cover my superannuation?
Not automatically. Super is generally paid at the trustee’s discretion unless you have a valid binding death benefit nomination, or the benefit is directed to your estate. It is worth checking your nomination separately from your will.
Is a will kit valid in Australia?
A will kit can produce a valid will if it is completed, signed and witnessed correctly. Most of the problems Australian courts see with kits come from unclear wording or witnessing errors rather than the kit itself.
Put a will in place your way
Start with our guided will and take advice where you need it. If your estate is complex, you can find a legal professional and carry your answers into that conversation.
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