Will Kits in Australia: Plain Guides by State

AustralianWillKit.com.au explains how to make a valid will in Australia without the sales pitch. If you have a paper kit in hand, are looking at an online will, or want to know if your state's Public Trustee would do it for free, the guides here set out the rules from each state's own legislation and government pages, with the date we checked them.

This is general information, not legal advice. Will and power of attorney rules differ by state and territory. For advice on your situation, speak to a lawyer or your state's Public Trustee. AustralianWillKit.com.au is an independent guide operated by Dominet BV. We aren't a law firm, we don't sell wills or kits, and we don't draft wills. No link on this site is an affiliate link right now. We may earn a commission from will providers in future when a reader buys through a link on this site. If that happens we'll label those links and explain it in our affiliate disclosure, and it won't change the facts we publish. Rules, fees and prices were checked on official and provider websites on 30 October 2026 and can change. Read our general information notice.

Start here

• Will kits compared: kits, online wills, Public Trustees and lawyers side by side.
• Is a will kit legal?: what makes any will valid, and the mistakes that make kit wills fail.
• Who can witness a will?: a table for every state and territory, including beneficiary witnesses.
• How much does a will cost?: prices from official and provider pages, from free upwards.
• Online wills in Australia: the services we checked, with prices and lawyer involvement.
• Power of attorney: forms and witness rules for each state.

Your state

Each state page covers the signing rules in the Act, beneficiary witnesses, marriage and divorce, the Public Trustee's will service and enduring powers of attorney.

What every valid will needs

The details differ, but the core requirements in every state's Act are the same:

1. The will is in writing.
2. You sign it, or someone signs for you in your presence and at your direction.
3. You sign in front of two or more witnesses who are present at the same time.
4. Each witness signs in your presence. In the ACT, they also sign in each other's presence.
5. You have testamentary capacity, and you're 18 or over unless an exception applies.

None of the Acts require a lawyer. A will made with a kit, an online service or by hand is valid if it meets these rules. Our kit legality guide has the section of each Act.

The rule most likely to catch you out

Using a beneficiary as a witness is safe in some states and costly in others. In Queensland, Tasmania and the NT, a gift to a person who witnessed the will is void unless an exception applies. In Victoria, South Australia and the ACT, the Acts say the will and gift aren't void for that reason alone. NSW official sources say witnesses shouldn't be beneficiaries. The answer that works everywhere is two independent adults. See who can witness a will.

What a will costs

On 30 October 2026, the prices we found ran from free to several hundred dollars:

• Queensland Public Trustee says its will-making service is free
• EveryWill and Gathered Here say their online wills are free
• Willed listed $159 and Safewill listed $160 for an online will
• NSW Trustee and Guardian lists packages from $462, with free wills for people eligible for a full Age Pension

Conditions apply to most cheap and free options. See how much a will costs.

More guides

• Updating a will: new will or codicil, and how marriage, divorce and separation affect a will.
• Executor of a will: what the role involves and how to choose.
• Dying without a will: who inherits under each state's rules.
• Safewill fact sheet and Willed fact sheet: what each says on its own site, dated.

How we work

We read each state's legislation and its Public Trustee, Legal Aid or government pages, and link them on every page. Facts about will providers come only from that provider's own website, with the date we read it. We don't rate or rank providers and we have no commercial arrangement with any of them. Every page shows when it was published, updated and reviewed, and our sources page lists everything we used. Read more about us.

Frequently asked questions

Is a will kit legal in Australia?

Yes, in every state and territory, if the finished will is signed and witnessed under your state's rules and you had capacity.

Do I need a lawyer to make a will?

No Act requires one. Official sources recommend advice if your estate is complicated, for example if assets are held in a company or trust.

Who can witness a will?

Two adults present at the same time. Choose people who receive nothing under the will, because beneficiary witnesses can lose their gift in some states.

Is this site legal advice?

No. It's general information. For advice on your situation, speak to a lawyer or your state's Public Trustee.