Creating a will is an important step many Australians take to document their wishes for the future. While some general principles apply nationwide, each state and territory has its own approach to wills and estate planning. Understanding these regional differences can help you navigate the process with greater confidence.
This guide provides a general overview of will considerations across Australia, with information about each state and territory. Whether you’re just beginning to think about creating a will or seeking to understand more about the process, this resource aims to provide helpful context.
Understanding Wills in Australia
A will is a document that outlines your wishes regarding your assets and any minor children after your passing. Without a will, your assets may be distributed according to state or territory intestacy laws, which might not align with your intentions.
While many aspects of wills are similar across Australia, each state and territory has its own approach to:
- Who can make a will
- What formalities should be observed when signing
- How amendments can be made
- What happens when circumstances change (such as marriage or divorce)
Let’s explore some general considerations for each state and territory.
New South Wales (NSW)
In New South Wales, creating a will involves several important considerations specific to this state. These include the age requirements for will-making, witnessing requirements, and how certain life events might affect your will.
NSW has its own approach to:
- Will-maker age requirements
- Witness requirements
- How marriage or divorce might affect existing wills
- Recognition of informal documents in certain circumstances
Understanding these NSW-specific details can help ensure your wishes are documented appropriately.
Learn more about wills in NSW →
Victoria (VIC)
Victorian residents should be aware of several state-specific considerations when thinking about wills. These include witnessing requirements and how life changes might affect existing documents.
Important considerations for Victorian wills include:
- Age requirements for will-makers
- Witnessing procedures
- How marriage might affect your existing will
- How relationship changes might impact your estate plans
Victoria’s approach to wills has its own unique elements worth understanding.
Learn more about wills in Victoria →
Queensland (QLD)
In Queensland, there are several state-specific considerations to be aware of when documenting your wishes. These include formal requirements and how certain life events might affect existing documents.
Key aspects to understand about Queensland wills include:
- Age requirements
- Witnessing procedures
- How marriage might affect existing documents
- Queensland’s approach to informal documents
Understanding these Queensland-specific considerations can help you better navigate the process.
Learn more about wills in Queensland →
Western Australia (WA)
Western Australia has its own approach to wills and estate matters. Residents should be aware of several state-specific considerations when documenting their wishes.
Important points for Western Australian residents include:
- Age requirements for will-makers
- Witnessing procedures
- How marriage might affect existing documents
- Western Australia’s approach to estate distribution
Western Australia’s approach contains some unique elements worth understanding.
Learn more about wills in Western Australia →
South Australia (SA)
In South Australia, there are several state-specific considerations to be aware of when thinking about documenting your wishes for the future.
Key considerations for South Australian residents include:
- Age requirements
- Witnessing procedures
- How marriage might affect existing documents
- South Australia’s approach to informal documents
Understanding these South Australian particulars can help you better navigate the process.
Learn more about wills in South Australia →
Tasmania (TAS)
Tasmanian residents should be aware of several state-specific considerations when thinking about documenting their wishes for the future.
Important aspects to understand about Tasmanian wills include:
- Age requirements for will-makers
- Witnessing procedures
- How marriage might affect existing documents
- Tasmania’s approach to informal documents
Tasmania’s approach has its own unique elements worth understanding.
Learn more about wills in Tasmania →
Australian Capital Territory (ACT)
In the Australian Capital Territory, there are several territory-specific considerations to be aware of when documenting your wishes.
Key points for ACT residents include:
- Age requirements for will-makers
- Witnessing procedures
- How marriage might affect existing documents
- The ACT’s approach to informal documents
Understanding these ACT-specific details can help you better navigate the process.
Learn more about wills in the ACT →
Northern Territory (NT)
Northern Territory residents should be aware of several territory-specific considerations when thinking about documenting their wishes for the future.
Important considerations for Northern Territory wills include:
- Age requirements
- Witnessing procedures
- How marriage might affect existing documents
- The Northern Territory’s approach to informal documents
The Northern Territory’s approach contains some unique elements worth understanding.
Learn more about wills in the Northern Territory →
Common Questions About Wills
Regardless of which state or territory you live in, there are some common questions that many people have when considering creating a will:
When might I want to review my will? Major life events such as marriage, divorce, having children, purchasing significant assets, or moving interstate are all times when many people choose to review their existing documents.
What happens if I don’t have a will? If someone passes away without a valid will, their assets may be distributed according to intestacy laws in their state or territory, which might not align with their wishes.
Can I write my own will? While some people choose to write their own wills, it’s important to understand the requirements in your state or territory. Self-created documents may face additional scrutiny.
Who might I consider as an executor? An executor is typically someone trustworthy and organised who will be responsible for carrying out the instructions in your will. Many people choose family members, friends, or professionals for this role.
Where might I keep my will? Many people keep their will in a safe place, such as with a solicitor, in a secure home location, or with a public trustee in their state or territory. It’s helpful for your executor to know where to find it.
Moving Between States
If you move between states or territories in Australia, it’s worth understanding how this might affect your existing will. Different regions have different approaches to recognising documents created interstate. Many people choose to review their will after relocating to ensure it aligns with their new state’s approach.
Conclusion
Understanding the general process of creating a will can help you feel more confident about documenting your wishes for the future. By exploring the specific considerations relevant to your state or territory, you can gain broader context about the process.
Remember that while these guides provide general information about wills across Australia, each person’s situation is unique. This information is intended to provide helpful context rather than specific direction for your circumstances.
Disclaimer: This information is general in nature only. It does not constitute legal or financial advice. This information does not take into account your specific circumstances, financial situation, or needs. The information provided here is not a substitute for professional assistance. Different rules apply in different states and territories, and these can change over time. Before making decisions about your will or estate planning, you may wish to seek information from relevant authorities in your state or territory or consult with qualified professionals who can provide guidance based on your individual situation.