Willfully - Legally Binding Wills for Australians

Let's be honest: the thought of filling out your first will can feel like a huge task. Staring at all those legal terms and empty boxes can make anyone put it in the "too hard" basket. But getting a will sorted is really one of the most important things you can do for the people you care about, ensuring your wishes are clear and your assets are protected.

This guide is here to cut through the confusion. We'll walk you through a standard Australian will form, section by section, and translate everything into plain English. You'll see that with a bit of guidance, you can get this done without the fuss and enjoy some well-earned peace of mind.

What you’ll need before you start

Before you even look at the form, a little prep work will make everything feel much less daunting. Think of it like gathering your ingredients before you start cooking—it just makes the whole process smoother.

Here’s a quick checklist of what to have on hand:

A list of your assets: This covers the big stuff like property, cars, and bank accounts, but also sentimental things like jewellery or art. You don't need to hunt down exact valuations—just a clear list of what you own.
A list of your debts: Jot down any mortgages, car loans, or credit card debts. Your executor will need to handle these using funds from your estate.
Full names and addresses of your key people:
- Executor(s): The person (or people) you trust to carry out your wishes. It's always a good idea to pick a backup, just in case.
- Beneficiaries: The people or organisations you want to leave your assets to.
- Guardians: If you have kids under 18, this is where you'll name who you want to look after them.

Pro Tip: If pulling all this together feels like a bit much, using an online platform can make a big difference. For example, Willfully Legal Pty Ltd guides you through these questions one by one, so you don't miss anything. It helps turn a big job into a series of simple, manageable steps.

Completing your will form: A step-by-step guide

Okay, let's get into the form itself. While the exact layout might differ slightly depending on where you get it, every legally valid Australian will form has the same key sections. We’ll go through them one by one.

Step 1: Identifying yourself (the testator)

The first section is all about you. "Testator" is just the legal term for the person making the will.

You'll need to write down:

Your full legal name: Make sure this matches your official ID, like your driver's licence or passport.
Your current home address: This helps confirm your identity and which state or territory's laws apply.
A revocation clause: This is a standard sentence that cancels any previous wills you've made. It usually says something like, "I revoke all former wills and testamentary dispositions made by me." This is really important to make sure your new will is the only one that counts.

Step 2: Appointing your executor(s)

Your executor is the person you put in charge of your estate after you're gone. Their job is to follow the instructions in your will, from paying off debts to making sure your beneficiaries get what you've left them. It's a big job, so pick someone you trust completely.

When you're filling this section out:

Name your main executor: Include their full name and their relationship to you. This could be your partner, a sibling, an adult child, or a close friend.
Appoint a backup executor: What happens if your first choice can't or won't act as executor when the time comes? Naming an alternate is your safety net to avoid unnecessary hassle for your family.

You're looking for someone who is organised, trustworthy, and a clear communicator. It’s also just good manners to ask them first if they’re happy to take on the role. You can also appoint a professional like a lawyer, but keep in mind they will charge fees for their services.

Step 3: Naming a guardian for your children

If you have kids under 18, this is probably the most important part of the entire document. This is where you name the person or people you’d want to raise them if you and their other parent were not around.

Write down the full name of the guardian(s) you’ve chosen and their relationship to you. Just like with your executor, have a clear conversation with them beforehand to make sure they’re willing and able to take on such a significant responsibility. While a court makes the final decision based on the child's best interests, your wishes in your will carry a lot of weight.

Step 4: Detailing your beneficiaries and gifts

This is the part where you get to decide who gets what. It’s usually split into a few different types of gifts.

Specific Gifts: Is there a specific item you want to go to a specific person? Maybe your vintage watch to your nephew or your art collection to your best friend? List those here. The key is to be very clear. Instead of "my car," write "my 2023 Toyota RAV4, registration XYZ-123."
Cash Gifts: If you want to leave a set amount of money to someone or to a charity, this is where you list it.
The Residue of Your Estate: This is the most critical part. The "residue" is just everything left over after debts are paid and specific gifts are handed out. Most people leave the entire residue to their main beneficiaries, like their spouse or children. You can split it up by percentages (for example, "50% to my partner, and 25% to each of my two children").

When you use a guided service like Willfully Legal Pty Ltd, the whole thing becomes much clearer. The platform prompts you to think about these different options, helping you create instructions that are specific and legally sound, which can prevent arguments later on. As a bonus, the final document is checked by a qualified Australian lawyer, giving you that extra confidence.

Step 5: Adding final wishes and instructions

Some will forms have a space for extra instructions. You might want to include wishes for how your pets should be cared for and even leave some money for their ongoing costs.

One thing you generally shouldn't include in your will is funeral instructions. Why? Because your will often isn't read until after the funeral has already happened. It’s much more effective to have that conversation with your family directly or leave a separate letter with your executor.

Step 6: Signing and witnessing your will correctly

Pay close attention here, because this step is non-negotiable. If your will isn't signed and witnessed correctly, it won't be legally valid.

Here are the rules for Australia:

You have to sign the will with two adult witnesses watching you do it.
Both witnesses need to be in the room at the same time and see you sign.
They then have to sign the will themselves, while you are still there.
And this is a big one: your witnesses cannot be beneficiaries in the will. Neither can their spouses. If they are, any gift you leave them might be voided.

Try to pick witnesses who are reliable and not likely to move overseas, as they might be called on to confirm the will is valid later.

Common mistakes to avoid

Now that you know the steps, here are a few common traps people fall into. Getting these wrong can cause big headaches and stress for the people you leave behind.

Being too vague. Fuzzy language like "leave something for my cousin" is a recipe for arguments. Be specific with full names, clear descriptions of items, and exact amounts.
Using an old DIY kit. Laws around wills can change. A generic form from the post office or an outdated online template might not be up to scratch with current state laws, which could make your will invalid.
Forgetting to update it. Life happens. Getting married or divorced, having kids, or buying a house are all good reasons to dust off your will and make sure it still reflects your wishes.
Messing up the witnessing. This is the number one reason wills get thrown out by courts. Follow the signing rules to the letter.

This is where a modern approach really helps. Services like Willfully Legal Pty Ltd make sure your document is always based on current laws. They also give you clear, simple instructions for signing and include 12 months of free edits, so you can easily update your will after a big life event without having to go back to a lawyer every time.

This video explains the different options available for making a will in Australia to suit any budget.

Your will is done: What's next?

And you're done. Take a deep breath. Getting your will sorted is a huge weight off your shoulders. The last thing to do is store it somewhere safe. Keep the original document in a secure place where your executor can easily find it, like a home safe or with your lawyer. A bank safe deposit box isn't always the best idea, as your executor might have trouble accessing it quickly when they need to.

Make sure you give a copy to your executor and tell them where to find the original. And finally, set a reminder to look it over every few years, just to make sure it’s still what you want.

Getting it done the simple way

Filling out an Australian will form doesn’t have to be the scary, complicated job you might think it is. By getting your info ready and following these steps, you can create a document that protects your family and gives you peace of mind.

If you'd rather have the confidence of a lawyer-reviewed will without the hefty price tag and hassle, creating your will online is a great option. With Willfully Legal Pty Ltd, you can complete your legally binding will from the comfort of your home in about 20 minutes, knowing an Australian solicitor has checked it over. It’s the modern, affordable way to get this important task ticked off your list.

Frequently Asked Questions

What are the absolute critical steps to ensure my "Australian will form" is legally valid after I've filled it out?

The most critical step is correct signing and witnessing. You must sign the will in front of two adult witnesses who are present at the same time, and they must then sign it in your presence. Importantly, witnesses cannot be beneficiaries or spouses of beneficiaries.

When should I really consider reviewing or updating my "Australian will form"?

You should review your will after major life events like marriage, divorce, the birth of children, or significant changes to your assets or beneficiaries. It's a good practice to look it over every few years to ensure it still reflects your wishes.

Can you clarify the main responsibilities of the person I appoint as executor in my "Australian will form"?

Your executor is responsible for carrying out the instructions in your will. This includes paying off debts, managing your assets, and distributing gifts to your beneficiaries as you've specified. They act as the representative of your estate.

Are there any specific people I should avoid asking to witness my "Australian will form"?

Yes, your witnesses cannot be anyone who is a beneficiary in your will, nor can they be the spouse of a beneficiary. If they are, any gift you leave them might become void.

What's the best way to safely store my completed "Australian will form" so it can be easily found when needed?

The original document should be kept in a secure, accessible place like a home safe or with your lawyer. It's also vital to give a copy to your executor and inform them of where the original is located.

How reliable is completing an "Australian will form" through an online service compared to a traditional lawyer?

Many online services, like Willfully Legal, guide you through the process step-by-step and often have documents checked by qualified Australian lawyers. This offers a lawyer-reviewed document without the high cost and can be a very reliable option when laws are current and instructions are clear.