What a will does, what happens without one, the ways to make one, and when it’s time to update it.
Last reviewed · For readers in Australia
In short
A will says what happens to what you own, and who carries it out.
Without one, your state’s fixed rules decide who inherits.
Review it after big life changes, like marriage, separation or a death.
A will is a short document that does a great deal of quiet good. It tells the people you love what you’d like to happen to what you own, and it names the person you’d like to look after it all. It saves them from guessing at a time when guessing is hard.
This guide explains the basics in plain language. The rules differ a little between states and territories, and only a solicitor or your public trustee can advise you on your own will, so think of this as the map before the conversation.
What a will can do
Moneysmart describes a will as a legal document that says what you want to happen to your assets when you die. Beyond that, it can:
name your executor, the person who carries out your wishes
name a guardian for any children under 18
leave gifts to particular people or to charities
set up a trust, for example for a grandchild
record wishes about your funeral and your online accounts
Moneysmart’s view is that everyone over 18 should have one.
What happens without one
If you die without a valid will, the law calls it dying intestate. Your estate is then shared out under a fixed order set by your state’s law. The Law Society of NSW explains that in New South Wales this usually means everything goes to your spouse, and if you don’t have one, to your children, then parents, then brothers and sisters and so on through the family.
If there are no eligible relatives, the estate passes to the state.
The Law Society notes that those rules usually only let family members inherit, so friends and charities you cared about receive nothing unless a will names them. With no executor named, someone in the family also has to apply to the Supreme Court for letters of administration before they can deal with the estate.
What a will doesn’t cover
Some of what you own may not pass through your will at all.
Super. The ATO explains that a super fund generally pays your balance, and any insurance inside it, to the beneficiary you’ve nominated. Your will only guides it if the money is paid to your estate.
Jointly owned property. A home or bank account owned jointly usually passes to the surviving owner.
Life insurance outside super is paid according to the policy.
It’s worth checking these alongside your will, so they all point the same way.
Ways to make a will
There are a few common routes in Australia:
A solicitor. This is the most usual choice, and the wisest if your affairs are at all complicated: a blended family, a business, property overseas, or someone who might contest the will.
Your state’s public trustee. Each state and territory has one, and they can help you prepare a will. Ask how their service works, including whether they’d act as executor.
A will kit. These exist and can be valid, but a will that isn’t signed and witnessed correctly can fail. If you use one, it’s worth having it checked.
Whichever you choose, a will has to be signed and witnessed in the way your state’s law sets out. Your solicitor or public trustee will make sure that’s done properly.
Choosing your executor
Your executor gathers what you own, pays any debts and tax, and shares the rest as your will says. Many people choose a partner, an adult child or a close friend, sometimes with a second person as a back-up. Choose someone organised and level-headed, and ask them first. Our guide to being an executor shows what you’d be asking of them.
Keeping it up to date
Moneysmart suggests updating your will when your situation changes, for example if you:
marry, divorce or separate
have children or grandchildren
have a major financial change
lose a spouse or someone named in your will
Marriage and divorce can change or cancel parts of a will automatically, depending on your state, so it’s worth a fresh look after either.
Where to keep it
The original will matters, so keep it somewhere safe and tell your executor where it is. Whoever helps you make it can tell you whether they’ll keep the original for you. Services Australia’s guide for families starts with finding the will, and you can make that step easy.
The things that don’t belong in a will
Some wishes sit more comfortably in a letter alongside it: who should have Grandma’s teapot, the story behind a painting, what you’d like said to the grandchildren. A will is a legal document, read by lawyers and sometimes courts. A letter to the people you love can say the rest.
Each fact in this guide was checked against these official pages on 23 October 2026. Rules and forms change, so please check the source for your own situation.
This is general information, not legal, financial, insurance or medical advice. For your own situation, please speak with a qualified professional or the official body named above.
