When it comes to securing your legacy and protecting your loved ones, few things are more important than drafting a will. A well-prepared will ensures your wishes are clearly stated and legally enforceable. Yet, many Australians delay or avoid this critical task, often due to misconceptions about complexity, cost, or legal obligations.
In this comprehensive guide, we’ll walk you through the essentials of creating a will, explain the difference between various types of wills, and answer common questions such as how to write a last will, how much does it cost to draft a will, and whether a beneficiary can draft a will.
What Is a Will and Why Do You Need One?
A will is a legal document that outlines how your assets should be distributed upon your death. It also names guardians for any minor children and appoints an executor to manage your estate. In New South Wales (NSW), a valid will provides legal clarity and minimises the potential for family disputes.
Without a will—referred to as dying “intestate”—your estate will be distributed according to a pre-set formula under the Succession Act 2006 (NSW), which may not reflect your personal wishes.
Key Benefits of Drafting a Will
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Control: You decide how your estate will be distributed.
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Peace of mind: Your loved ones know your wishes.
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Avoids disputes: Reduces the risk of legal battles among family members.
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Supports dependants: Ensures minor children and dependants are protected.
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Charitable giving: Allows you to support causes you care about.
How to Write a Will in NSW: Step-by-Step
If you’re wondering how to write a will NSW, you’re not alone. Here’s a practical guide to help you get started:
1. List Your Assets and Liabilities
Make an inventory of:
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Real estate
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Vehicles
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Bank accounts
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Superannuation
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Investments
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Personal items of value
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Debts or liabilities
2. Choose Beneficiaries
Your beneficiaries are the people or organisations who will receive your assets. They may include:
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Family members
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Friends
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Charities or institutions
If you’re asking can a beneficiary draft a will, the answer is yes—but it can lead to legal challenges, especially if the person stands to benefit. It’s best to seek independent legal advice in such situations to avoid claims of undue influence.
3. Appoint an Executor
The executor is the person responsible for carrying out the terms of your will. They handle tasks such as applying for probate, paying debts, and distributing assets.
4. Choose Guardians for Children
If you have children under 18, nominate a guardian. This ensures they are cared for by someone you trust.
5. Draft the Will
You can draft your will in several ways:
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DIY Will Kits: Inexpensive but risky if your affairs are complex.
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Online Will Services: Convenient, but still limited in scope.
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Solicitor or Legal Expert: Recommended for customised and legally sound wills.
When writing a last will, accuracy is critical. Poor wording or omissions can result in the will being contested or invalid.
6. Sign the Will Correctly
For your will to be legally valid in NSW:
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You must be over 18 and of sound mind.
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It must be in writing (typed or handwritten).
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You must sign it in the presence of two witnesses, who also sign it.
Drafting a Living Will vs. a Last Will
It’s important not to confuse a last will with a living will. While a last will deals with asset distribution after death, a living will (also called an Advance Care Directive in NSW) outlines your wishes regarding medical treatment if you’re unable to communicate them yourself.
Both documents are essential parts of estate and personal planning.
Common Questions About Drafting a Will
How Much Does It Cost to Draft a Will?
The cost varies depending on the complexity of your estate and the method you choose:
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DIY Will Kits: $30–$50
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Online Will Services: $80–$300
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Solicitor-drafted Wills: $300–$1,200+
Legal advice is strongly recommended for blended families, high-value estates, or if there’s a chance your will might be contested.
How Long Does It Take to Draft a Will?
If you’re wondering how long does it take to draft a will, the answer depends on complexity:
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Simple wills can be completed in 1–2 hours.
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Complex wills (involving trusts, overseas assets, etc.) may take days or weeks.
It’s wise to plan ahead and not rush the process, particularly when creating a will for a large estate.
Can a Lawyer Draft a Will for a Family Member?
Yes, but it can be ethically problematic if the lawyer also stands to benefit from the will. To avoid potential conflicts of interest, it’s advisable that an independent solicitor drafts the will.
Mistakes to Avoid When Drafting a Will
When writing a last will, be aware of common pitfalls:
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Unclear language: Ambiguities can lead to legal disputes.
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Improper witnessing: May render the will invalid.
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Failing to update the will: Life changes (marriage, divorce, births) should prompt revisions.
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Not considering tax implications: Estate taxes or capital gains may apply.
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Overlooking digital assets: Include login credentials or instructions for online accounts.
When Should You Update Your Will?
Life events that should prompt a will update include:
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Marriage or divorce
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Birth of a child or grandchild
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Death of a beneficiary or executor
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Acquisition of significant assets
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Moving interstate or overseas
Updating your will ensures it reflects your current wishes and legal standing.
Legal Requirements for a Valid Will in NSW
Under NSW law, a valid will must:
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Be in writing
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Be signed by the testator
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Be witnessed by two people (not beneficiaries)
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Clearly express the intentions of the testator
If these conditions are not met, the court may not accept the will during probate.
Should You Use a Lawyer?
While you can draft a will on your own, there are strong reasons to consider using a solicitor:
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Ensures your will complies with NSW laws
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Reduces the chance of being contested
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Helps with complex family or financial situations
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Provides guidance on tax and superannuation implications
If you’re wondering whether a lawyer can draft a will for a family member, the answer is yes—but independent legal representation is preferred to ensure objectivity and avoid future disputes.
Superannuation and Wills
Many people are unaware that superannuation is not automatically covered by a will. To ensure your superannuation is distributed as you wish:
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Make a binding death benefit nomination with your super fund.
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Include instructions in your estate plan for how you want super funds distributed.
Storing and Registering Your Will
Once your will is complete, store it in a safe place and inform your executor where it is kept. You may also:
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Lodge it with the NSW Trustee & Guardian
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Store it securely at your solicitor’s office
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Use a fireproof home safe
You don’t need to register your will in NSW, but safe storage is vital.
Final Thoughts on Drafting a Will
Drafting a will is one of the most responsible actions you can take for your family and legacy. Whether you’re thinking about how to write a will, exploring how much does it cost to draft a will, or considering drafting a living will, the key is to act before it’s too late.
Don’t leave your loved ones with uncertainty. Make your intentions clear, your documents legal, and your estate protected.
Need Help Drafting Your Will?
If you’re in NSW and need personalised legal assistance for writing a last will, speak to an experienced wills and estates solicitor. Legal guidance can ensure your will is clear, valid, and fully aligned with your wishes.
